Even though the Texas legislature passed HB 2017 on April 13 (moving the primary for all office from March to February), the bill is unlikely to pass the Senate.

Moving the primary for office other than president would make it impossible for people who hold elected county office, to run for another office. This is because the Texas Constitution won’t let county officeholders run for another office (whether another county office, or state or federal office) if they have more than a year remaining in their terms. Under existing law, candidates file in January. But if the primary for all office were moved to February, candidates would need to file in November of the year before the election, and that would be more than a year from the end of their terms of office. The Texas Constitution cannot be changed in time for the 2008 primary.

Of course, if Texas would hold an early presidential primary and a later primary for other office, that would solve the problem. Currently, 41 states hold presidential primaries, but 25 of them have a separate presidential primary that is much earlier than the primary for other office. Only 16 states hold the presidential primary simultaneously with the primary for other office. But that solution doesn’t seem to have occurred to Texas legislators. Thanks to Linda Curtis for this news.