BBA(LEGAL) - BOARD MEMBERS: ELIGIBILITY/QUALIFICATIONS

Note: If the district is subject to a court order or other binding legal determination, the district shall conduct its elections in accordance with that court order or determination, applicable law, and this policy. To the extent of any conflict, the court order or other legal determination shall prevail. [See BBB(LOCAL)]

Eligibility

  1. Be a United States citizen.
  2. Be 18 years of age or older on the first day of the term to be filled at the election or on the date of appointment, as applicable.
  3. Have not been determined by a final judgment of a court exercising probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
  4. Have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities.
  5. Have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding the following date:
    1. For an independent candidate, the date of the regular filing deadline for a candidate's application for a place on the ballot.
    2. For a write-in candidate, the date of the election at which the candidate's name is written in.
    3. For an appointee to an office, the date the appointment is made.
  6. Be registered to vote in the territory from which the office is elected on the date described at item 5, above.

Qualified Voter

  1. Is 18 years of age or older;
  2. Is a United States citizen;
  3. Has not been determined by a final judgment of a court exercising probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote;
  4. Has not been finally convicted of a felony [see also Atty. Gen. Op. LO 96-114 (1996) (concluding that caveat at Election Code 11.002 does not mitigate blanket prohibition in Election Code 141.001, above at Eligibility)];
  5. Is a resident of this state; and
  6. Is a registered voter.

Residency

"Residence" Defined

Single-Member Districts

Note: The issue of whether a candidate has satisfied residency requirements should be judicially determined. State v. Fischer, 769 S.W.2d 619 (Tex. App.—Corpus Christi 1989, writ dism'd w.o.j)

Ineligibility

Flour Bluff ISD

BBA(LEGAL)-P

UPDATE 110

DATE ISSUED: 2/6/2018