Texas Supreme Court
In re Anthony
No. 22-0193 3/18/22
Issue:
Can a candidate for public office be disqualified from being placed on the ballot for failing to list an occupation on her application when she is retired?
Holding:
No. Because the candidate did not have an occupation for which she received compensation, she did not violate Elec. Code §141.031(4)(B), which requires candidates to list their occupations on the application. The Court directed the city official to accept the candidate’s application and to place her on the ballot. Read opinion.
Commentary:
This opinion makes clear that, while it may be best practice for a candidate who does not currently have an occupation—meaning, paid employment—to indicate such on his or her ballot application (e.g., by listing “retired,” “unpaid volunteer,” “none,” “not applicable,” etc.), that information is not required for the ballot application to be valid if the candidate truly has no compensated work. If you’re going to run for office, keep this decision in mind when filling out the ballot application (or check your opponent(s)’s application(s) for accuracy), and remember that candidates may not amend their ballot applications after the filing deadline passes.
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