The filing authority must review ballot applications, finish the review on time, reject noncompliant applications, notify the candidate of rejection, and neither candidates nor the authority may amend an application under Section 141.031 except as otherwise provided by the code.
Sec. 141.032. REVIEW OF APPLICATION; NOTICE TO CANDIDATE. (a) On the filing of an application for a place on the ballot, the authority with whom the application is filed shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the candidate's name to be placed on the ballot. (b) Except as provided by Subsection (c), the review shall be completed not later than the fifth day after the date the application is received by the authority. (c) If an application is accompanied by a petition, the petition is considered part of the application, and the review shall be completed as soon as practicable after the date the application is received by the authority. However, the petition is not considered part of the application for purposes of determining compliance with the requirements applicable to each document, and a deficiency in the requirements for one document may not be remedied by the contents of the other document. Unless the petition is challenged, the authority is only required to review the petition for facial compliance with the applicable requirements as to form, content, and procedure. (d) A determination under this section that an application complies with the applicable requirements does not preclude a subsequent determination that the application does not comply, subject to Section 141.034. (e) If an application does not comply with the applicable requirements, the authority shall reject the application and immediately deliver to the candidate written notice of the reason for the rejection. (f) This section does not apply to a determination of a candidate's eligibility. (g) Except as otherwise provided by this code: (1) a candidate may not amend an application filed under Section 141.031; and (2) the authority with whom the application is filed may not accept an amendment to an application filed under Section 141.031. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 54, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1349, Sec. 51, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 254 (H.B. 1135), Sec. 1, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 95 (S.B. 44), Sec. 1, eff. May 23, 2017. Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 76, eff. September 1, 2021.