On August 26, the Texas House passed SB 13, which authorizes a later 2022 primary. The bill does not set the date; instead it sets out a formula, keying the date of the primary to the date when redistricting is finished. The vote in the House was 91-25.
The Texas primary date has big implications for ballot access, because petitions for a new party or an independent candidate can’t circulate until after the primary. So if the primary is later, the period for petitioning shrinks. Either that problem will be eased by the legislature, or a court is likely to do so. A ballot access case is already pending against the existing law, Miller v Hughs, w.d., 1:19cv-700. Discovery is almost completed.
At first glance, I don’t think it shortens the petition period for a new party. Those petitions can’t circulate until after the precinct conventions, and the precinct convention date is *not* tied to the primary date. (The petitioning period remains 75 days.)
But will the precinct convention dates be unchanged if the primary date changes?
The legislature will likely complete redistricting by the November date. Redistricting may be the sole agenda item for the third called session. The maps will be challenged in court, so that would likely take precedence. SB 13 triggers on action by the governor.
SB 13 is in conflict with SB 2093, since it would restrict the period for collection of signastures which can not be collected until districts are established.
SB 13 is ambiguous with respect to convention dates. The date is set independently from the primaries. When the filing deadline for primaries was moved to December, that for conventions was unchanged. Remember the fundamental principle to understand Texas law is “Oh! We forgot about them!”
The filing deadline was then modified to tie to that for the primaries. The precinct convention used to be the same day as the primaries, when the primaries were moved a week earlier the conventions were left at the same date. OWFAT
There is really no reason to have filing for conventions other than for collection of the poll tax.
Richard, SB 13 does not change the precinct convention dates. That would require additional legislation, or a lawsuit, or something like that.
What happens if the petition circulates before the primary? If someone signs and then votes in the primary, is the signature invalid? And if Texas thinks that type of system is OK, then why control when the petition can begin to circulate at all?
What States have the LEAST/MOST election dates/deadlines ???
Richard, this is the petition language: “I have not voted in a primary election or participated in a convention of another party during this voting year, and I understand that I become ineligible to do so by signing this petition.”
So it would be illegal to vote in the primary after signing a petition. (Which I believe is already true in the case of primary runoffs. Primary runoffs have always occurred after the start of the petition period.)
Let’s do it.