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Why a Texas Candidate Who Died Weeks Ago Could Still Win Election

Why a Texas Candidate Who Died Weeks Ago Could Still Win Election

Summary

Richard Davis, a Republican candidate for justice of the peace in Brazoria County, Texas, died on September 14, but his name will remain on the November 3 ballot. Texas law requires election officials to count votes for candidates who die after a specified deadline; if Davis wins, county commissioners will appoint someone to serve the remaining two-year term.

Key Facts

  • Davis was the incumbent justice of the peace for Precinct 2, Place 2, and took office on January 1, 2011.
  • Davis died on September 14, after the August 21 deadline for removing a candidate from the November 3 ballot.
  • Texas law requires officials to count votes for candidates who die after the 74th day before Election Day.
  • Some text messages to voters incorrectly claimed that votes for Davis would not count.
  • Davis is running against Shenequa Harrison.
  • If Davis wins a majority, the Brazoria County Commissioners Court will appoint a qualified replacement for a two-year term.
  • Voters will choose a permanent successor at the next general election.
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