ELECTION CODE

TITLE 16. MISCELLANEOUS PROVISIONS

CHAPTER 277. PETITION PRESCRIBED BY LAW OUTSIDE CODE

Sec. 277.001.  APPLICABILITY OF CHAPTER.  This chapter applies to a petition authorized or required to be filed under a law outside this code in connection with an election.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 16(c), eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 81, eff. Sept. 1, 1993.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 25, eff. September 1, 2009.

Sec. 277.002.  VALIDITY OF PETITION SIGNATURES.  (a)  For a petition signature to be valid, a petition must:
(1)  contain in addition to the signature:
(A)  the signer's printed name;
(B)  the signer's:
(i)  date of birth; or
(ii)  voter registration number and, if the territory from which signatures must be obtained is situated in more than one county, the county of registration;
(C)  the signer's residence address; and
(D)  the date of signing; and
(2)  comply with any other applicable requirements prescribed by law.
(b)  The signature is the only information that is required to appear on the petition in the signer's own handwriting.
(c)  The use of ditto marks or abbreviations does not invalidate a signature if the required information is reasonably ascertainable.
(d)  The omission of the state from the signer's residence address does not invalidate a signature unless the political subdivision from which the signature is obtained is situated in more than one state.  The omission of the zip code from the address does not invalidate a signature.
(e)  A petition signature is invalid if the signer signed the petition earlier than the 180th day before the date the petition is filed.
(f)  The signer's residence address and the address listed on the signer's registration are not required to be the same if the signer is eligible to vote under Section 11.004 or 112.002.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 16(c), eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 82, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1349, Sec. 73, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1316, Sec. 43, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.25(a), eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 97, eff. September 1, 2021.

Sec. 277.0021.  MEANING OF QUALIFIED VOTER.  A reference in a law outside this code to "qualified voter" in the context of eligibility to sign a petition means "registered voter."
Added by Acts 1989, 71st leg., ch. 483, Sec. 1 , eff. Sept. 1, 1989.

Sec. 277.0022.  WITHDRAWAL OF SIGNATURE.  (a)  A signer may not withdraw the signature from a petition on or after the date the petition is received by the authority with whom it is required to be filed.  Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition.
(b)  A withdrawal affidavit filed by mail is considered to be filed at the time of its receipt by the appropriate authority.
(c)  The withdrawal of a signature nullifies the signature on the petition and places the signer in the same position as if the signer had not signed the petition.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 83, eff. Sept. 1, 1993.

Sec. 277.0023.  SUPPLEMENTING PETITION.  (a)  Except as provided by Subsection (b), a petition may not be supplemented, modified, or amended on or after the date it is received by the authority with whom it is required to be filed unless expressly authorized by law.
(b)  If a petition is required to be filed by a specified deadline, the petitioner may file one supplementary petition by that deadline if the original petition contains a number of signatures that exceeds the required minimum number by 10 percent or more and is received by the authority with whom it is required to be filed not later than the 10th day before the date of the deadline.  The authority shall notify the petitioner as to the sufficiency of the petition not later than the fifth regular business day after the date of its receipt.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 83, eff. Sept. 1, 1993.

Sec. 277.0024.  COMPUTING NUMBER OF SIGNATURES.  (a)  Except as provided by Subsection (b), if the minimum number of signatures required for a petition is determined by a computation applied to the number of registered voters of a particular territory, voters whose names appear on the list of registered voters with the notation "S", or a similar notation, shall be excluded from the computation.
(b)  The signature of a voter whose name appears on the list of registered voters with the notation "S", or a similar notation, is considered valid if the voter:
(1)  is otherwise eligible to vote in the territory; and
(2)  provides a residence address located in the territory.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 43, eff. Sept. 1, 1995.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 98, eff. September 1, 2021.

Sec. 277.003.  VERIFYING SIGNATURES BY STATISTICAL SAMPLE.  If a petition contains more than 1,000 signatures, the city secretary or other authority responsible for verifying the signatures may use any reasonable statistical sampling method in determining whether the petition contains the required number of valid signatures, except that the sample may not be less than 25 percent of the total number of signatures appearing on the petition or 1,000, whichever is greater.  If the signatures on a petition circulated on a statewide basis are to be verified by the secretary of state, the sample prescribed by Section 141.069 applies to the petition rather than the sample prescribed by this section.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 16(c), eff. Sept. 1, 1987.

Sec. 277.004.  EFFECT OF CITY CHARTER OR ORDINANCE.  Any requirements for the validity or verification of petition signatures in addition to those prescribed by this chapter that are prescribed by a home-rule city charter provision or a city ordinance are effective only if the charter provision or ordinance was in effect September 1, 1985.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 16(c), eff. Sept. 1, 1987.