Texas Independent Party Tells Texas Secretary of State that it Expects to Try to Get on 2018 Ballot

Texas requires parties that are not on the ballot, but which hope to petition to get onto the ballot, to inform the Secretary of State, no later than January 2 of any election year. This law is perhaps unconstitutional, but no lawsuit has ever been filed against it. The law has only existed since 1993.

For 2018 so far, the only unqualified party that has filed the notice of intent is the Texas Independent Party.


Texas Independent Party Tells Texas Secretary of State that it Expects to Try to Get on 2018 Ballot — 3 Comments

  1. The registration is that the party intends to nominate by convention (TEC 181.0041). The Libertarian Party will also register (or has registered) to nominate by convention, and the Green Party presumably will.

    It is too plain for argument that Texas may require contemporaneous nomination, whether by primary, convention, or petition. To be nominated, a candidate must make an application with the party chair (state or county), and a list of those who have applied must be sent to the Secretary of State. If a convention-nominating party failed to send that list PRIOR to the deadline for expressing intent to nominate by convention they would be too late.

    That is to say, before 1993, the state chair was required to send a list of candidates for nomination to the SOS, and since 1993 they have to send a notice that they are going to nominate by convention.

    Applications for a place on a ballot are public information, and implicitly so are applications for nomination by convention. The state party chair in their role of accepting applications for nomination by convention is acting in a state capacity. If you wanted to know who has applied for nomination by the party, you should be able to view the applications.

    In Texas Independent Party v Kirk in 1996, the 5th Circuit upheld the deadlines for filing for office in Texas. The particular requirement for notice that a party intended to nominate by convention was apparently so inconsequential, that it was not challenged or mentioned.

  2. Hello Rich and Jim, I was one of the founders of Texas Independent Party back in 1994 — the plaintiff in this case. I sent you an email, Jim, a few days ago. Hoping you received it. I wanted to ask for your advice on this effort. Please contact me at ljcurtis@indytexans.org or 512-535-0989. Thanks!

  3. I believe it will be a steep climb for the TIP to get a successful petition 1) without a brand name candidate associated with the TIP, good ground game volunteers or $ for paid petitioners.

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