Note: This information has not been updated in several years and may not be fully current. Please consult the office of the Texas Secretary of State and/or the relevant sections of the Texas Election Code before taking actions with potential legal consequences. Note that there are substantial differences in the Election Code requirements for "major" and "minor" parties and that the Code is not always clearly organized, creating potential for confusion.

Candidate Eligibility

The general eligibility requirements to be a candidate for a public elective office in Texas are that a person must: 1) be a United States citizen; 2) be 18 years of age or older on the first day of the term to be filled at the election; 3) have not been determined mentally incompetent by a final judgment of a court; 4) have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities; 5) have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding a date which varies according to the candidate’s status; and 6) satisfy any other eligibility requirements prescribed by law for the office. These requirements do not apply to an office for which the federal or state constitution or a statute outside the Texas Election Code prescribes exclusive eligibility requirements. Tex. Elec. Code Ann. § 141.001 (Vernon 1986).

Procedures for Establishing Minor Party

A person wishing to start a political party in Texas must form an organization and elect a chair and other necessary officers. The organization must have a name of three words or less. Tex. Elec. Code Ann. § 161.002 (Vernon 1986). The organization must establish temporary rules on electoral procedures. The temporary rules must be filed no later than 30 days before the precinct convention of March 14, 2000 to be effective in 2000. The temporary rules must be considered by the membership at the first state convention after their adoption. The requirements for party rules are set forth in Secs. 163.002 and 181.033, Texas Election Code, copies of which are enclosed. Party rules must be filed with the Secretary of State not later than 30 days after they are adopted. Id. § 163.005.

A “third party” or a “new political party” may nominate candidates by convention or primary election if the party’s nominee for governor in the most recent gubernatorial election received at least two percent but less than twenty percent of the total number of votes received by all candidates for governor. Id. § 181.002. If the political party chooses to nominate by primary election, the state chair must deliver written notice to the Secretary of State at least one year prior to the general election. Id. § 172.002. Parties whose candidates received twenty percent or more are required to hold a primary election. Id. § 172.001.

A political party that intends to make nominations by convention must register with the Secretary of State not later than January 2 of the election year. Since in 2000, January 2 falls on a Sunday, the deadline will be moved to Monday, January 3, 2000. Enclosed is a form to use to register your party with our office. Id. § 181.0041 (Vernon Supp. 1997). A party must make nominations of candidates by a convention if not authorized to nominate by primary election. Id. § 181.003. A political party making state nominations under chapter 181 is required to establish a state executive committee. Id. § 181.004.

Nomination by Convention Method

The procedure for nominating third party candidates by convention is governed by chapter 181 of the Texas Election Code. Id. § 181.001. To be considered for nomination by a convention, a candidate, other than for the offices of president and vice-president of the United States, must make an application for nomination. Id. § 181.031(a). The application must be filed no later than 5:00 p.m. on January 3 preceding the convention (January 3, 2000); since January 2, 2000 falls on a Sunday, the deadline is moved to Monday, January 3, 2000. Id. § 181.033. Candidates seeking nomination for a state or district office must file with the state chair. Id. § 181.032(a)(1). Candidates for county or precinct offices must file applications with the county chair. Id. § 181.032(a)(2). The state and county chairs must file a list of candidates with the Secretary of State not later than 10 days after the filing deadline. I have enclosed an application for nomination and a form to notify the Secretary of State of the candidates who filed. Id. § 181.032.

Third parties nominating by convention must hold: precinct conventions on the second Tuesday of March, Id. §§ 174.022, 41.007; county conventions on the first Saturday after the second Tuesday in March, Id. § 181.061(c); district conventions on the second Saturday after the second Tuesday of March, Id. § 181.061(b); and state conventions on the second Saturday in June, Id. § 181.061(a). The chair of each convention will certify the nominees to the county clerk/elections administrator (county or precinct offices) or the Secretary of State (district or statewide offices) not later than 20 days after the corresponding convention. Id. § 181.068.

Minimum of Precinct Participants Required

To be entitled to place their nominees on the general election ballot, third parties must first file a list of precinct convention participants with the Secretary of State not later than the 75th day after the date of the precinct conventions. Id. § 181.005(a) (Vernon 1986). The list must include the residence address and voter registration number of each participant. Id. § 181.005(a) (Vernon 1986). The number of signatures must equal at least one percent of the total number of votes received by all candidates for governor in the most recent gubernatorial election. Id. The one percent figure for the 1998 gubernatorial election is 37,380.

The list of precinct convention participants may be supplemented by petitions signed by registered voters who have not voted in a primary election or participated in another party’s convention during the voting year (January 1, 2000 through December 31, 2000). Id. § 181.006. The petition may not be circulated until after the date of the party’s precinct conventions. Id. § 181.006(j). (A petition form is enclosed.)

Once a third party is on the general election ballot, the political party is entitled to have the names of its nominees placed on the ballot without meeting the petition requirements in each subsequent general election following a general election in which a party nominee for statewide office received at least five percent of the vote for that office. Id. § 181.005(b) (Vernon Supp. 1998)

Financial Disclosure Requirements

Concerning financial disclosure requirements, the Texas Election Code requires each candidate to file a designation of campaign treasurer and periodic sworn statements of their contributions and expenditures with the appropriate official. For information on financial disclosure laws, contact the Texas Ethics Commission at (800) 325-8506.