Texas
This is a dossier about the political environment in Texas. For the Radical Caucus organization, see HERE.
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Contains Dated Information
Filing requirements and possibly some additional information reflect a time before the 2020 election cycle and need to be updated. Use with care. |
State Party
Texas has long been one of the better organized states. The main incentive for the Radical Caucus to recruit county chairs and state committee representatives is not because the state party is struggling to fill these positions (at least not the more populous counties). It is to prevent a faction that has been attempting a state party takeover since 2011 from succeeding.
Of the counted votes in the November 2016 election, Gary Johnson received a record 3.16% of the vote. Despite not having any statewide two-way races, the $256,000 Question had the answer we needed it to have when Mark Miller got more than the minimum 5% despite being in a four-way race. This victory is admittedly not easily repeatable as it involved our candidate being unambiguously the most qualified for the position, had multiple newspaper endorsements, plus a budget for radio and TV ads to tell everyone just how qualified he was for the job of a seat on our oil and gas commission that for the purpose of abusing 19th century federal statutes is called the Railroad Commission. The Green Party was not as fortunate and will need to spend an outlandish amount of money on petitioning if it wants to be on the ballot again in 2018 or 2020.
Ballot Access
LPTexas has usually managed to maintain ballot access since first getting it in 1980. It didn't qualify in 1982, fumbled in 1984 and possibly 1986, regained it and held it until 2002, just barely got enough petitions done in 2004, and miraculously kept it in 2016 thanks to having the most qualified Railroad commission (oil and gas) candidate who had extensive radio ads and newspaper endorsements (yet barely exceeded 5%).
In most election years, us staying on the ballot isn't hard: LPTexas has statewide candidates in all or almost all statewide races, the Democrats don't, and we have statewide races that are just us (and possibly the Greens) against the Republican candidate. We almost always get at least 5% in such races. The exceptions so far have been 2002 and 2016.
The original case starting in 1968 was to get 2% in the governor's race. While this appears to still be the case, the Secretary of State's office doesn't seem to believe it, which means if it's the only way LPTexas qualifies in the future it will become necessary to throw lawyers around.
From 1964-1966 the requirement was to have at least 20 county conventions. Prior to 1963 only a state convention was required.
According to a report by Mark Miller in 2017 (his source isn't cited but it's likely Richard Winger), Texas is the fifth worst state for ballot access. The Libertarian Party has the resources to get back on the ballot in Texas when needed but at substantial cost -- roughly a quarter million dollars is the present estimate.
Candidate Nominations
In Texas, candidates are selected by convention. If a candidate's district is located entirely within a county, the candidate is nominated by the county convention.
If a candidate's district crosses county lines but isn't the entire state, the candidate is nominated at a district convention. Starting in 2006 in North Texas most district conventions are held at a unified time and location so as to maximize the number of delegates to these conventions so the candidates can be properly vetted.
If a candidate office is statewide, the candidate is nominated by the state convention, with the obvious exception of US President, although theoretically that could also be decided at the state convention.
Statewide offices include: President, Governor, Lt Governor, US Senator, Justices of the Court of Criminal Appeals, Justices of the Supreme Court, Comptroller of Public Accounts, Railroad Commissioners, Agriculture Commissioners, and Treasurer (historical; the office was abolished in 1996).
State Political Action Committees
Two PACs in the state are headed by a Radical Caucus member (James Gholston) who desperately needs to find someone to take over as treasurer for one or both committees. There may also still be a PAC for judicial candidates, and there is a PAC in the works to assist county parties.
State Libertarian Executive Committee
The State Libertarian Executive Committee is elected every two years at the state party convention and is run by state party rules (which presently function as a combination of suspendable rules and non-suspendable bylaws). It consists of four officers and up to two district representatives for each of 31 state senate districts, for a theoretical maximum of 66 members. It typically meets in person once a quarter on a Saturday.
At the start of a meeting with a second absence, a member of the committee is dropped automatically.
http://www.lptexas.org/state-leadership
The State * Executive Committee name structure is used by most political parties in Texas, with the Green Party being the most prominent exception.
Primaries versus Nomination by Convention
Since 1990 there has beet two occasions where the state party has had the option of holding primaries. Discussion of the idea in the mid-2000s indicated that the state party did not want to hold primaries as every time that the Republican Party got enough votes to hold them in the 20th Century it was a disaster for them and their final pattern was to only hold them when they were forced to by statute -- until they had enough voters that they didn't cease to meet the requirement level for primaries later on.
In 2012 and 2014 the SLEC firmly voted against switching to nomination by primary.
When the state party reaches a point where it will be required to nominate its candidates by primary, one district representative will need to be a male and the other female (which is presently done by the State Republican Executive Committee and the State Democratic Executive Committee).
It's also been noted by Jon Roland that if we switch to nomination by primary we will lose control of our own candidates: anyone would be able to file as a Libertarian and bring in voters and we would have no control at all over the process.
Additionally, there is a steep filing fee for candidates that few of our candidates can afford. The purpose of this filing fee is to partially offset the cost to the State of Texas for its expenses in holding primaries.
A recommendation by the late Allen Patterson in 2014 was that when LPTexas reaches this point, it should initiate litigation to retain its ability to continue to nominate its candidates my convention, with the option of NOTA, and at its own -- not state -- expense.
Additional information is held in reserve until we know if this is going to be publicly accessible.
Political Filing
The state equivalent of the FEC is the Texas "Ethics" Commission, also referred to from time to time as the Texas Ethics Confusion (do NOT call them this when interacting with them). The filing threshold is $500, and once you start filing they will hand out $500 fines like party favors for the slightest misstep that they become aware of, although it's sometimes possible to get forgiveness for a late filing if you're small enough and the person you're dealing with is nice enough on the grounds that you're not required to file after all, or get forgiveness from the TEC in person in Austin. Unless they decide to jack your fine up to $10,000 (still a slap on the wrist for the big PACs) Hint: if you make an error on a filing, DO NOT TELL THEM. Trying to fix an error will get you fined.
Except for a set of increasingly improbable circumstances, all filings must be electronic using their website, so whatever you do DO NOT lose your password!
Out of State Committees
So is it easier for our caucus to operate as an in-state or out of state committee when supporting non-federal Texas candidates or Texas specific issues? Or is there any difference at all?
"Pursuant to Sec. 254.1581, Chapter 254, Title 15, Election Code, an out-of-state political committee is required to file reports for each reporting period under Subchapter F, Chapter 254, Election Code, in which the out-of-state political committee accepts political contributions or makes political expenditures in connection with a state or local election in Texas. Section 254.1581, Election Code, applies to a report required to be filed under this section. Ethics Commission rule ? 20.13 states that an out-of-state political committee that files reports electronically in another jurisdiction may comply with Section 254.1581, Election Code, by sending a letter to the commission within the time prescribed by that section specifying in detail where the electronic report may be found on the website of the agency with which the out-of-state political committee is required to file its reports. An out-of-state political committee that does not file reports electronically in another jurisdiction may comply with Section 254.1581, Election Code, by sending a copy of the cover sheets of the report and a copy of each page on which the committee reports a contribution or expenditure accepted or made in connection with a state or local election in Texas. The dates listed below the committee reflect the date the document was received by TEC. "
Political Notices
All political signs in Texas are required by statute to include a word-for-word notice that is part of adhering to a federal statute promoted by Lady Bird Johnson in the 1960s:
NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND 393, TRANSPORTATION CODE) TO PLACE THIS SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY.
Failure to include this statement on even federal signs ran result in removal of signs or stronger consequences, although sometimes presidential signs can get away without this notice.
Question: Is Texas the only state with this type of requirement?
Also, the disclosure statement must include the words political advertising or some recognizable variant such as.pol adv. SIGLIB and CANDLIB PACs have been using POL AD PAID FOR BY without running into any trouble since 2006.
Also needed is the full name of the person, political committee, or the candidate or SPAC supporting the candidate if the candidate approved the ad.
Rival Political Parties
Texas has a bad habit of being a single party state. Right now that's the Republican Party, although not to the level of severity that it was the Democratic Party for more than half of the 20th Century.
Republican Party of Texas
This is metaphorically the elephant in the room in more ways than just one.
The Republican Party was a distant second political party until the 1970s, and only took over as the dominant state party in the 1980s. From the late 1990s to the present for most of the state the Republican Primary might be seen as the de facto election, where the Democratic Party's nominee's chances are not really better than our party's nominee.
One important exception at this time is the state house, whose reigning speaker Strauss relies on state reps from gerrymandered Democratic Party districts to stay in power. Taking out Strauss in his own district might be a worthwhile objective for the Libertarian Party as it would remove a major roadblock for several LPTexas legislative goals.
In many ways, the Republican Party has, at least until recent years, been almost an attempt at Libertarian Party Lite. ...except that with a few prominent exceptions its candidates have failed miserably at living up to its platform.
Unfortunately, its platform has taken on an increasingly social conservative bent in recent years, possibly steering it towards Constitution Party Lite.
Texas Democratic Party
Until the late 1970s at the earliest, the Democratic Party primary was arguably the de facto election. This was the only party big enough to have a primary for much of the 20th Century, and for much of that time it was the de facto election with almost no other parties -- even the Republican Party -- contesting most elections.
There is a chance of the Democratic Party not falling apart given the waves of economic refugees presently invading Texas from California, but it's presently struggling. None of the arguments that might lure one to running for the Republican nomination apply for getting the Democratic one outside of specifically gerrymandered districts.
Right now the Democrats are completely unable to get anyone elected to statewide office. Their only remaining position of power after losing the state house and the ability to continue to control the gerrymanders is to team up with big-government Republicans and keep Strauss in as the speaker of the house.
The big push for Wendy Davis in 2014 ended with a deep double-digit defeat.
Green Party of Texas
A few years ago Republican Party operatives working for then-governor Rick Perry paid for the petitioners needed to get the Green Party back onto the ballot. It was able to get enough votes in statewide races to stay on the ballot until 2016 when a full slate of statewide candidates for the Democratic Party cost it -- and almost cost LPTexas -- ballot access. It is probable that they will be mounting a petition drive to attempt to regain ballot access. It's unlikely that the Republican Party is going to spring for the expense again anytime soon given how poorly the Democrats are faring in statewide elections.
In 3-4 way races with both a Green and a Libertarian, the Libertarian Party consistently gets much higher vote totals.
No Texas-specific plan for teaching green-colored libertarians who don't understand economics into the Libertarian Party exists at this time.
Constitution Party of Texas
The Tea Party movement as co-opted in Texas has probably absorbed most of the Constitution Party activists into the Republican Party. Some may have found their way into the Libertarian Party, however.
Reform Party of Texas
Enough of the Reform Party survives in Texas that it has an executive committee and held a 2016 state convention. it is not known if there will be any attempt by them to get back on the ballot any time soon.
Their State Executive Committee has nine state senate district representatives as of August 2017 according to their website. No county chairs appeared to be listed, however.
Socialist Party of Texas
Communist Party of Texas
If Wikipedia is to be believed, the state party is firmly Anarcho-Communist. Unfortunately, it wants to abolish many things that we consider to be of vital importance before the dissolution of the state. Then again, this is Texas. Texas would need to change beyond recognition before this party will have any hope of getting any significant amount of traction, let alone long-term ballot access under the current statutes.
Any attempts to convert members of this party to Libertarians might possibly best be using the general case for luring AnComs towards property rights as there's probably very few people in this party, even inside Travis County.
Other Entities
Some of these have actively cooperated with the Libertarian Party; others border on simply being part of the landscape
Texans for Accountable Government
This is a trans-partisan Political Action Committee A major player in this organization is former LPTexas staff member Heather Fazzio. It engages in advocacy with the general public and with politicians.
NORML
Several county chapters of NORML actively work alongside the Libertarian Party, including Tarrant County.
Empower Texans
Empower Texans is a 501(c)(4) organization that is currently headed by Michael Quinn Sullivan. While it typically identifies itself as conservative and has often been annoyingly chummy with the Republican establishment (including now-former governor Rick Perry), it's solely focused on the economic side of that equation and has not demonstrated hostility to the Libertarian Party. Its Texans for Fiscal Responsibility arm produces the Fiscal Responsibility Index, a scorecard of people in the state legislature, and manages the Taxpayer Pledge, a pledge to not raise taxes no matter what.
Independent Texans
Founded by Linda Curtis, this is a political action committee that focuses on opposing partisan political machines and their methods, such as gerrymandering. We've cooperated with them in the past.
Common Ground
This was a multipartisan effort that included both the LP and the Green Party. It probably needs to be brought back up and running, as the issues that the non-Demopublicans agree on are things that need the added push.
Lone Star Gun Rights
A large FB group full of tribal conservatives who oppose the LP
2020 Calendar
- 09 November to 18:00 on 09 December 2019 Candidate filing
- 03 March 2020 Demopublican Primary Election Day (Do not attend)
- 10 March 2020 Precinct Conventions These select delegates to county conventions
- 14 March 2020 County Conventions County level nominations and delegates to district and state conventions
- 21 March 2020 District Conventions to nominate for multicounty public offices
- 18 April 2020 LPTexas State convention
- 19 October 2020 First day of early voting
- 30 October 2020 Last day of early voting
- 03 November 2020 Election Day