BBA(LEGAL) - BOARD MEMBERS: ELIGIBILITY/QUALIFICATIONS

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:
    1. Totally mentally incapacitated; or
    2. 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. On the date described by item 5, be registered to vote in the territory from which the office is elected.

Tex. Const. Art. XVI, Sec. 14; Election Code 141.001(a); Education Code 130.082(d), (g); Gov't Code 601.009; Att'y Gen. Op. GA-555 (2007)

Single-Member Districts

Definitions

Residence

Intent to Return
  1. Has made a reasonable and substantive attempt to effectuate that intent; and
  2. Has a legal right and the practical ability to return to the residence.

Election Code 141.001(a-1)-(a-2)

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)

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:
    1. Totally mentally incapacitated; or
    2. Partially mentally incapacitated without the right to vote;
  4. Has not been finally convicted of a felony or, if so convicted, has:
    1. Fully discharged the person's sentence, including any term of incarceration, parole, or supervision or completed a period of probation ordered by any court; or
    2. Been pardoned or otherwise released from the resulting disability to vote. A person is not considered to have been finally convicted of an offense for which the criminal proceedings are deferred without an adjudication of guilt;
  5. Is a resident of this state; and
  6. Is a registered voter.

Election Code 11.002

Totally Mentally Incapacitated

Partially Mentally Incapacitated Without the Right to Vote

Official Oaths

Weatherford College

BBA(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/5/2019