Election officials clarify ballot laws after text message confuses Brazoria County voters

BRAZORIA COUNTY, Texas - Voters across Brazoria County received text messages this week raising questions about the general election ballot following the recent passing of Justice of the Peace Richard Davis.

What if a candidate has passed away? 

The backstory:

The text messages claimed that Davis' name no longer counted and asserted his Democratic challenger was the sole active candidate. Election officials and party leaders clarified that Texas election law keeps Davis on the ballot and that all votes cast for him will be counted as valid.

Under Texas Election Code § 145.035, the statutory deadline to replace or remove a deceased party nominee from the general election ballot is 74 days before Election Day. Davis, a Republican first elected in 2010, died Sept. 14, 2026, weeks after the Aug. 21 deadline. Consequently, state law mandates that his name remain on the ballot.

"All those folks got that message, and there was a huge reaction," said Shayne Green, chairman of the Brazoria County Republican Party. "People were upset about, 'Will my vote count?' But I want to assure them that their vote will count. It will be taken care of if he wins this election."

If Davis receives a majority of the votes in the election, Texas law dictates that the Brazoria County Commissioners Court will appoint a temporary replacement to serve a two-year term until a special election is held during the 2028 general election cycle.

"Vote for whoever you believe best represents your values."

The other side:

Democratic candidate Shenequa Harrison issued a statement clarifying that she had no involvement with the automated text messages and extended her condolences to Davis' family.

"Judge Davis dedicated many years of his life to serving Brazoria County. Whatever side of an election you may be on, that service deserves respect. My heart is with his family, loved ones, colleagues, and everyone in our community who is mourning his loss. 

Under Texas law the election is still happening, I am still on the ballot, and running because I care deeply about our community and hope to earn people’s support. 

I will bring my experience of patience, impartiality, active listening, and the ability to make decisions rooted in both policy and compassion — to being a Justice of the Peace.

Seven years ago, I lost my mother to cancer. I was with her through chemotherapy, doctor appointments, hospital stays, remission, and then the devastating return of her illness. Less than 24 hours before she passed away, I learned there was a real possibility I was about to lose her. That is a pain I carry every single day.

Because of that experience, I understand how devastating this disease is and the grief a family endures. To suggest that I would do anything other than offer sincere condolences and prayers to a family facing such a loss is simply false.

What is truly disappointing is seeing a family’s tragedy used for political attacks. My mother deserves to rest in peace, and so does Judge Davis. Please respect the families who have lost loved ones to this horrible disease.

Vote for whoever you believe best represents your values. But do not question my compassion, my character, or my understanding of what this family is going through. I have lived it."

Shenequa Harrison 

Candidate for Justice of the Peace 

Representatives for the Brazoria County Democratic Party stated they had no comment regarding the origin of the text messages.

Votes count for each candidate

What you can do:

Voters in Precinct 2 can cast ballots for either candidate listed on the official ballot through the end of voting on Election Day.