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    LegalEase Newsletter | FAQs by Subject

    News Article | July 20, 2022

    Appointment to Office

    Legal Guidance

    "Our Sheriff won re-election last November, but then he decided to retire at the end of the year. Are we required to appoint the candidate who took second place in the election?"

    Is there a requirement to appoint the candidate who came in second in the most recent election for the office to fill a vacancy?

    No. The person appointed by the commissioners court, county judge, or district judge, as appropriate, must meet the qualifications for the office at the time of appointment, including being a registered voter of the territory from which the office is elected. See Tex. Election Code §141.001. For more information on appointments and vacancies, see our publication Pitfalls and Perils of Public Office.