On June 17, Texas Governor Rick Perry signed SB 100. It keeps the primary in March, but moves the runoff primary from April to May. That has the indirect effect of moving the independent candidate petition deadline from May to June. However, the independent presidential deadline continues to be in May.
As noted before on this blog, the May petition deadline for independent presidential candidates in Texas was already on shaky ground. In 1983 the U.S. Supreme Court ruled in Anderson v Celebrezze that independent presidential petition deadlines can’t be as early as the spring of election years. All states other than Texas have independent presidential petition deadlines in July, August, and September, except for five states with June deadlines. Texas is alone in having its presidential deadline in May. The fact that Texas now has a June petition deadline for independent candidates for office other than President will make it even harder for Texas to defend a May petition deadline for presidential independent candidates, if and when anyone sues. Obviously, if Texas can cope with June petition deadlines for other independent candidates, what possible need does Texas have for a May deadline for independent presidential candidates?
Vermont’s June petition deadline for independent candidates is currently being litigated in state court.
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Ohio’s deadline was in March with a presidential primary in June, vs a Texas deadline in May with a presidential primary in March. That is a 5-month shift.
Unlike Ohio, Texas does have a disaffiliation and sore loser law for presidential nominations. Primary candidates may not run as independent candidates, and primary voters may not sign the petition of an independent candidate.
John Anderson filed his petitions in Ohio by a date that would satisfy Texas law.
Texas will have sent out some of its presidential primary ballots on January 20.