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

A Texas judicial candidate who died in September will remain on the ballot for the November 3 election, meaning he could still win despite having died weeks before voters head to the polls.

Richard Davis, the incumbent justice of the peace for Precinct 2, Place 2, in Brazoria County, died on September 14. Davis' official Brazoria County profile states that he took office on January 1, 2011.

The circumstances have caused confusion among voters during early voting, with text messages sent to residents in Davis's precinct incorrectly claiming that votes cast for the late Republican candidate would not count in the general election.

However, Davis's name remains on the ballot because he died after a deadline set by Texas election law.

Under Section 145.039 of the Texas Election Code, a candidate who dies after the 74th day before election day must remain on the ballot. Section 145.035 states that a candidate's name must be omitted if they die on or before that deadline.

For the November 3 election, the 74th day before election day was August 21. Davis died after that date, so his name remains on the ballot under the law, and votes cast for him must be counted and entered into the official election returns in the same way as votes for other candidates.

What Happens If Davis Wins?

If Davis receives a majority of the vote, the Brazoria County Commissioners Court will appoint a qualified replacement to serve a two-year term, according to the Houston Chronicle. Voters will then select a permanent successor at the next general election.

Davis's opponent, Shenequa Harrison, could therefore lose the race even though her opponent has died.

Newsweek contacted Harrison, the Brazoria County Judge’s Office and the Brazoria County Clerk’s Office via email on Sunday for comment.

The Chronicle reports that a similar situation occurred in Texas in 2020, when former Conroe Mayor Toby Powell died at age 79 following a battle with cancer in September. Powell's name remained on the ballot, where he faced former City Councilman Jody Czajkoski in the election.

According to Montgomery County Election Central, Czajkoski received 55.61 percent of the vote, compared with Powell's 44.39 percent. Had Powell won, the city would have held a special election to fill the mayoral vacancy.

Contact Newsweek editors on this story: Matthew Robinson and Trevor Davies