Don't mess with Texas...

Texas has some very interesting language in their Election Code. I wanted to check in with their Elections Division and see if I was interpreting the law correctly. Here's what I wrote:

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As a 'civics project', I am trying to identify who has the legal responsibility to certify Presidential candidates as eligible. I was hoping you could help me interpret a couple sections of Chapter 192 in the Election Code.

At http://tlo2.tlc.state.tx.us/statutes/docs/EL/content/htm/el.011.00.000192.00.htm, in subchapter B, it states:

"A political party is entitled to have the names of its nominees for president and vice-president of the United States placed on the ballot in a presidential general election if:(1) the nominees possess the qualifications for those offices prescribed by federal law;"

My first question is this: Who has the legal responsibility to ensure that the nominee "possesses the qualifications" for office? Is it the party? The Secretary of State? Somebody else?

Second, the Election Code goes on to say:

"§ 192.033. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON BALLOT. (a) Except as provided by Subsection (c), the secretary of state shall certify in writing for placement on the general election ballot the names of the candidates for president and vice-president who are entitled to have their names placed on the ballot."How does the secretary of state know if the candidate is entitled to have his/her name placed on the ballot? Does he make sure the candidate meets the qualifications for office him/herself? Does he take the party's word for it?

I appreciate your help in this matter. It's fascinating to see how different states handle this very important matter. I look forward to receiving your response in the near future.

Your Fellow Citizen,

Justin W. Riggs

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