[EL] anomaly in Texas primary date settlement

[Richard Winger]

As a result of today's agreement that the Texas primary for all office will be April 3, Texas law now says independent candidate petitions are due July 5, except if the independent is running for President, then it is due May 14.

That set of dates cannot possibly be constitutional.  Anderson v Celebrezze, 460 US 780 (1983) struck down early petition deadlines for independent presidential candidates, and the decision says states have a lesser interest in keeping presidential candidates off its general election ballot, than candidates for other office.

Yet Texas gives independent candidates almost two months longer to submit petitions for office other than president, than for president itself.  Furthermore, Texas requires approximately 40% more signatures for independent presidential candidates, than for independent candidates for other statewide office.

Richard Winger

415-922-9779

PO Box 470296, San Francisco Ca 94147
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