Let’s See What Tomorrow Brings?

LIBERTY, August 25, 2010 – Today Phil Fitzgerald certified himself as a write-in candidate for County Judge. He even went on the Radio Station and explained why everyone should vote for him and exactly how to spell and write-in the name Phil on the ballot.

However, in researching the election code. We discovered that their may be a problem. Let me remind you we are NOT attorneys or judges and can not positively say whether or not Fitzgerald is elegible to run for the Office of County Judge even though he claims that he can.

Please read the section of the elctions code below to help clarify this matter.

162.015. RESTRICTIONS ON CANDIDACY IN GENERAL ELECTION BY CANDIDATE OR VOTER IN PRIMARY.

(a) A person who voted at a primary election or who was a candidate for nomination in a primary is ineligible for a place on the ballot for the succeeding general election for state and county officers as:

(1) an independent candidate for an office for which a candidate was nominated in the primary; or

(2) the nominee of a political party other than the party holding the primary in which the person voted or was a candidate.

(b) A person who was a candidate for nomination in a primary election is ineligible for a place on the list of write-in candidates for the succeeding general election for state and county officers as a write-in candidate for the office sought by that candidate in the primary.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 363, § 2, eff. Sept. 1, 1991.

It appears as though Phil Fitzgerald is NOT eligible to run for County Judge however, I’m confident that additional information will be available on Thursday and we will be sure to bring it to as soon as it is available.

Things in Liberty County seem to be getting stranger every day!

Below is a memo by Director of Elections for the Secretary of States Office Ann McGeehan concerning the issue of write in cadidates.

Write-In Candidates

MEMORANDUM

TO:
County Judges
FROM:
Ann McGeehan, Director of Elections
DATE:
August 2, 2006
RE: Write-In Candidates

Enclosed is the form for candidates to use to declare themselves as a write-in candidate for the November general election for state and county officers. Also enclosed is a petition in lieu of filing fee. These forms are also available on our website. Candidates running as a write-in candidate have a choice to file either by fee or petition.

The first day to file as a write-in candidate was July 30, 2006. The filing deadline for write-in candidates is August 29, 2006 at 5:00 p.m. Candidates for county or precinct office must file with the County Judge. A candidate’s declaration for state or district office (single-county or multi-county) is filed with the Secretary of State. An application that is postmarked August 29, 2006 is not a timely filing if you have not received it by the deadline.

The filing fee or petition requirements are the same as they were for candidates who filed to run in the primary elections. Those filing requirements can be found in Sections 172.024 and 172.025 of the Texas Election Code, and are also listed on the back of the enclosed declaration form.

As the filing officer, you are required to review each declaration and petition, if any, to determine if the filings are complete and meet the form, content, and procedure requirements. You are required to notify the candidate in writing if the filing does not meet the requirements. Remember, a candidate who ran in a primary election and lost is ineligible to be a write-in candidate in the November general election for the same office. (Section 162.015, Texas Election Code).

You must certify to the County Clerk/Elections Administrator no later than September 6, 2006 each candidate who has qualified to have his/her name printed on the list of declared write-in candidates. If you have no candidates who file or qualify as a write-in, you still must certify that fact to the County Clerk/Elections Administrator by the same date.

If you have any questions about write-in candidate filings, please feel free to contact my staff toll-free at 1-800-252-2216.

Enclosures: Declaration of a Write-In and Petition in Lieu of Filing Fee Forms

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