Texas Bill for Equality for Political Parties Relative to Filing Fees Loses in House

Posted on by May 14, 2025

On May 13, the Texas House defeated HB 4309 by 60-78. It would have restored equal treatment for all parties in matters involving candidate filing fees. Current law requires all candidates for partisan office to pay filing fees. But the fees paid by parties that nominate by primary go to the parties. The fees paid by parties that nominate by convention go to the government.

The Libertarian Party is currently suing over this unequal treatment, and now that lawsuit will proceed in U.S. District Court.

Comments

Texas Bill for Equality for Political Parties Relative to Filing Fees Loses in House — 30 Comments

  1. what century before a ballot access lawyer for plantiffs notes –

    brown v bd of ed 1954 —

    separate is NOT equal I — 14-1 aft EP cl ???

  2. Sounds like something Thomas W Jones should have tried, oh wait it didn’t work because it doesn’t apply.

  12. Illegal invaders sometimes die when they invade other countries. It happens.

  15. There is no functional reason for the declaration of candidacy for convention nomination, and it did not exist until 1961. Because primaries have a printed ballot, there is a reason for filing. At one time, candidates would file, and then the (Democratic) Party would calculate the cost of the primary and apportion the cost of primary among the candidates, who would be assessed the fee. There is no need for filing for convention nomination, since the convention does the actual nomination.

    Beginning in 1906, Democrats were required to nominate by primary based on votes cast for their gubernatorial nominee. Other parties could nominate by primary, but never did unless forced to do so. In the 28 elections between 1906 and 1960, the Republicans had five primaries (18%). Texas elected a governor every two years, so in alternate elections the gubernatorial election was coincident with the presidential election. Republican-inclined voters who would stay home during the mid-term might show up for a presidential election and also vote for the gubernatorial candidate, which forced the Republicans to hold a primary at the subsequent election. This happened in 1924, 1928, 1932, 1952, and 1956, forcing a Republican primary in 1926, 1930, 1934, 1954, and 1958.

    In 1960, LBJ was the Democrat candidate for Vice President and re-election for US Senator. John Tower, a little-known assistant professor, was the Republican candidate for Senator. LBJ was elected VP and re-elected as Senator. When he resigned his Senate seat, it triggered a special election for the Senate seat. The special election attracted 71 candidates, including Tower and five substantial Democrats, who split the Democrat vote. Tower was elected in the special runoff, becoming the first Republican Senator since Reconstruction.

    Meanwhile during the 57th Legislature (1961) a bill (HB 239) was passed that required filing by a candidate who sought to be nominated by convention or as an independent (by petition) candidate. The bill said it was “unfair” to choose a nominee after the (Democratic) primary. At the time, there were 150 Democratic representatives, and 31 Democratic senators. “Primary-nominating party” at the time effectively meant Democrats, and “convention-nominating party” effectively meant Republicans. Perhaps the Democrats believed that had he have had to announce before the state convention, Tower would never have been nominated in 1960, and ran in 1961.

    Ironically, the Republicans never nominated by convention after the law was enacted. Not only did the Republicans not have to file for nomination by convention, they never paid a filing fee to the party, let alone the state.

    The filing requirement also applies to independent candidates who might petition. Currently (potential) independent candidates for district office must file a sheet of paper with the Secretary of State (or county judge) in December indicating their intent to circulate a petition beginning in March (or May) to be filed in June, to appear on the November ballot. The intent to petition might never be manifested. If a candidate did file a petition, but had not filed the sheet of paper in December, their application would be rejected. There is no fee associated with the sheet of paper.

    Filing for a convention was directly to the party. The State of Texas was not a part of this transaction. In 1961, the application was made to the executive committee of the body that would make the nomination. Nominations for districts contained in a single county (some congressional districts, some state senatorial districts, most state house districts, many district courts) are made at the county convention. In 1961, candidates would apply to the county party chair.

    Nominations for districts in two or more counties (most congressional districts, most state senatorial districts, many state house districts, state board of education districts, courts of appeals districts, many district courts) are made at district conventions. A district convention is conducted solely to make a nomination for the district office(s). In 1961, candidates would apply to the “executive committee” of the district. The district committee is not a permanent committee, but only instantiated for specific purposes. If there are no candidates, there would be no reason to call a convention for that district.

    During the 1985 recodification of the Election Code, the filing agent for convention nomination for all district offices was switched to the state party chair. The state party has no authority over district and county conventions, they merely inform the county parties of the applications, so that they might consider the nomination. In the case of multi-county districts they inform the county chairs of the counties that include portions of the district. These county chairs form the “executive committee” of the district, and would be responsible for arranging the meeting location for the convention. If there are no applications, the convention would not occur.

    Bullock v. Carter (1972) determined that some of the filing fees assessed to Democratic primary candidates were so extreme that they violated equal protection. As a result, Texas set the amount of the filing fees, and began to subsidize primaries. Candidates still file with the party, and write a check to either the RPT or TDP, or a county party. The filing fees are used for printing ballots, renting polling places, and paying wages of election workers, that is the direct costs of the primary. It is illegal to use these funds for other purposes. Since filing fees no longer pay the full cost of the primary, the Secretary of State sends some more money.

    Early voting has greatly expanded since 1972. In 2024, 58% of Democratic primary votes and 53% of Republican primary votes were cast early. Early voting is paid for by the county government, rather than the county party. It is an unfunded mandate.

    Reasonably, the state and county subsidies of the political activities of the Democratic and Republican parties should be reported as a contribution in kind.

  17. When did ***TEXAS*** first appear on any Map of North America ???

    Was JR the first to report that News in a book ???
    —
    SCOTUS argument TODAY about TYRANT TRUMP EX ORD RE 14-1 AMDT [BIRTHRIGHT STUFF] —-

    NOOOO JUDICIAL POWER IN/OF A PREZ TO SAY WHAT THE **LAW*** [CONST] MEANS / IS.

  19. JR 11:11 AM

    WAS EARLY NORTHERN CARIB SEA MAP A SPANISH TOP SECRET ???

    ANY COMPARISON OF SUCH MAP TO MAPS AFTER ACCURATE LONGITUDE CLOCKS WERE MADE ???

  20. BIRTHRIGHT STUFF WAS DEFINITELY DEFINED HUNDREDS OF YEARS AGO, SEE LAW OF NATIONS, JUDGES ARE MORONS !!!

  21. It is emphatically the province and duty of the Judicial Department to say what the law is.
    Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803)

    NOOOO judicial power of/in a President to say what the Constitution is/means.

    Trump EX ORD re 14-1 Amdt is UN-constitutional.

  23. @AZ,

    That area of the northwestern portion of the Caribbean Sea is more commonly known as El Golfo de Tejas.

  24. @ADHD,

    TL;DR version:

    If an election has printed ballots, candidates must file before the election. Since 1906, Texas primary elections have used printed ballots. Texas law requires parties to pay for their own primary. Primaries in Texas are conducted by the county parties, not the county government. To pay for their primaries, candidates are assessed a filing fee.

    The filing fee is literally used for printing ballots, renting polling places, renting voting machines, paying the wages of election workers.

    The Democrats have been required to hold a primary every two years since 1906. The Republicans could have, but were not required to do so. They were required to hold a primary in 1926, 1930, 1934, 1954, and 1958. In the other 23 elections between 1906 and 1960 they nominated by convention.

    A convention is a process where voters who did not vote in a primary, meet and make nominations. Eligibility for participating in a convention is the same as voting in a primary. In the period 1906 to 1960, besides being 21 YO and a citizen, a voter needed to have paid their poll tax (before 1920 they also had to be male). There is no need for printing ballots for a convention. The delegates can nominate individuals, perhaps subject the candidates to questions or debate, and then vote. Any expenses such as renting the convention space are handled by contributions.

    In 1961, the Texas legislature, which at that time consisted of 150 Democratic representatives and 31 Democratic senators, passed HB 239 which required persons who wanted to be nominated by convention, or to petition as an independent, to file a sheet of paper indicating their desire to be nominated. It was said to be unfair that a convention could nominate someone in reaction to the Democratic primary. The more likely reason was that they believed it would prevent someone like John Tower being elected.

    For convention nominating parties, the sheet of paper was filed with the party, not with the State.

    In 1961, the Texas Legislature pass a bill that required convention candidates and potential independent candidates to file a sheet of paper at the same time

  27. Oh my gosh. I got adhd. I’m looking for a number, like 42 or 69, not another book to decorate the bookshelves.

  29. Texas name –

    any Star Trek folks with their time machines to go back to the past and then report their findings ???

    —
    Any efforts to divide Texas / CA / etc ???
    usa Senate chamber can hold how many blowhards ???

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