In Texas, smaller qualified parties nominate by convention; larger ones by primary. For over 100 years, the only Texas candidates who had to pay a filing fee were candidates running in a primary. On April 29, the Texas Senate unanimously passed SB 2093, which says no one can be considered for a convention nomination unless he or she has paid a filing fee to the government. It passed unanimously. Here is the text.
The 2019 legislature also passed a filing fee bill for convention nominations, but it was worded so badly that it was not enforced in 2020.
SB 2093 originally said the filing fee should be payable to the political party, but it was amended to direct the fee to the government.
The behavior of the Texas Senate stands in stark contrast to the South Carolina legislature. South Carolina has always had the same rules for filing fees that Texas has had. Only primary candidates pay filing fees. A bill to impose filing fees on South Carolina convention parties failed to pass in this year’s session of the South Carolina legislature.
The logic for requiring convention party candidates to pay filing fees is faulty. The U.S. Supreme Court has already ruled that filing fees are unconstitutional, unless they are needed for the compelling need to keep ballots from being too crowded. But convention parties don’t have ballots to be crowded. Thanks to Jim Riley for the news about the Texas bill.
Richard, How does this bill “reinforce existing law” if it drastically changes it 180 degrees?
@RW, There was no filing for convention nomination until 1960, when the legislature comprised 181 Democrats passed a bill forcing Republicans to file. Given the primary screenout, where nobody who voted in a primary may participate in a Libertarian or Green convention, and Republican and Democratic primary losers may not be nominated by convention, there really is no reason for filing.
Democrats and Republicans have to file so the primary ballots may be printed.
End the states’ monopolies of printing censored ballots. The Federal Write-in Absentee Ballot should the uniform ballot format for all voters no matter where they reside. A write-in ballot can never be overcrowded with candidates only with offices. Restore freedom of choice to all voters. Abolish all ballot access censorship laws.
That might work if everyone knew how to write or print legibly and spell their candidates’ names.