Texas Major Parties Again Let Presidential Primary Candidates on Ballot by Filing Fee

Texas law lets political parties set their own ballot access barriers for presidential primaries. For 2016, the Democratic rules let anyone on the ballot who pays $2,500. The Republican rules let anyone on who pays $5,000. See this story. Texas has been holding presidential primaries in every year starting in 1980. Democrats have always allowed qualification by fee. Republicans required a petition in the 1980’s but no longer do so.

In 2012, there were nine Republicans on the Texas presidential primary ballot, and four Democrats. The Texas 2012 presidential primary didn’t attract a great deal of attention because it was later than usual. It was held on May 29. Normally Texas primaries are in March, but the 2012 primary was delayed due to redistricting. It is possible the 2016 Texas primary will also be delayed, if federal courts require new districts.

In 2008, there were eleven choices on the Republican ballot and six on the Democratic ballot. The 2008 primary was March 4.


Comments

Texas Major Parties Again Let Presidential Primary Candidates on Ballot by Filing Fee — 9 Comments

  1. But no filing fees for 3rd parties and Independents. But then again, they wish we would all go away. But I have a little message for them. WE ARE NOT GOING AWAY!

  2. What about the SCOTUS cases declaring that filing fees as the only option are UN-constitutional ???

    Who reads ANY SCOTUS election law opinions — except the folks on the BAN list ???

    Certainly NOT the Donkey/Elephant robot hacks in all 50 States.

    Again see the Texas White Primary cases 1928-1932 in SCOTUS.

  3. The candidates pay the filing fees to the parties, but then the parties turn the money over to the government.

  4. Both parties have petition alternatives for candidates who don’t want to pay the fee. The article says Democrats require 2,500 signatures. Republicans want 500 signatures from a certain number of US House districts.

  5. David,

    In Texas, political parties (at least nominally) conduct their own primaries. On election day, the primaries may be conducted in different buildings, and covering different areas. Until 1972, political parties were required to finance their own primaries from filing fees, particularly for county offices. Fees for statewide offices are distributed to the county parties, but a $5000 fee divided by 254 counties is $19.68.

    At the time of ‘Bullock v Carter’ one JP candidate was assessed a fee of $8900. With inflation that would be $52,000. And that was back when conducting an election was much cheaper.

    As a result of the SCOTUS decision, the filing fees are set by the State which also finances the primaries. The primaries are still conducted by county political parties, and filing fees are paid to them. When the party files for reimbursement, the deduct whatever amount they received from fees.

    One of the major expenses of a primary is renting voting equipment, usually from the county. After the treasurer of the Bexar County Democratic Party embezzled a couple $100,000, the state now sends a payment voucher, so that the counties get their money directly from the State.

  6. In 1988, several Republican candidates (Peter du Pont, Al Haig, and Bob Dole) hired a consultant to gather signatures for the presidential primary. They ended up hiring teenagers who were supplied pizza and beer as they forged signatures.

    The petition requirement was likely done away with in response (Texas does not require petitions for most other offices, and the filing fees are less than the cost of professional circulators).

    The Texas Democratic Party (TDP) rules set the the presidential filing fee to be the same as US Senator ($5000 or 5000 signatures), but the national party has a cap of $2500 or 2500 signatures PLUS these can not have been raised since 1994.

    Since the political parties are state actors with regard to state primaries, I would suspect that the fee in South Carolina is not constitutional.

  7. Jim, thank you very much for your last comment. I had forgotten about 1988. I amended the post.

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