Qualifications for Office
The City of Montgomery is a Type A General Law City (Local Gov't Code, Section 22.032). The following are the required qualifications to run for office:
Mayor
Residence -- 1 year in state prior to the filing
deadline; 1 year in city prior to election day
Age -- 18
Must be a registered voter in territory elected from by the filing deadline*
City Council
Residence -- 1 year in state prior to filing deadline; 6 months in the city prior to filing deadline (Texas Elec. Code, Section 141.001(a); Brown v. Patterson, 609 SW 2nd 287)
Age -- 18
Must be a registered voter in territory elected from by the filing deadline*
*Effective September 1, 2015, House Bill 484 amends Election Code Section 141.001 to provide a new general rule (for most offices) that a candidate must be a registered voter of the territory elected from as of the filing deadline (unless outside law conflicts). Given the effective date, the candidacy portion of the new law was NOT effective for candidates with applications due August 24, 2015 for the November 3, 2015 election (regular filing deadline) or any special election to fill a vacancy ordered before September 1, 2015. However, the new law applied to candidates in a special election ordered on or after September 1, 2015. Thus, candidates in a special election ordered on or after September 1, 2015, must be registered voters of the territory as of the date of the filing deadline for that election.
The new law also adds Government Code Section 601.009 to provide a new general rule that office-holders must be registered voters of the area they were elected from as of the time they are sworn in. Given the effective date, the officer-elect portion of the new law will be in effect for new officers elected November 3, 2015. This portion of the law is similar to requirements most general law cities and school districts already have. The new law will also apply to home-rule cities. Under the new law, the officer-elect must be registered to vote by the time of swearing in (qualifying for office).
