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Yvette Gbalazeh

From the “Many are called, but few are chosen” department

Here are your non-standard choices for the November election.

Independent candidates

Candidates unaffiliated with a political party are allowed access to the general election ballot as long as they file the necessary paperwork and gather a certain number of signatures — depending on the office sought — from people who didn’t attend either the Republican or Democratic party conventions this year or vote in either party’s primary.

“It’s up to their personal campaign on how they want to portray themselves [but] when you’re an independent, you haven’t attended the convention of another party,” said Sam Taylor, a spokesman for the secretary of state’s office.

Independent candidates were required to register with the appropriate office by June 21. This year, eight candidates are registered as independents — seven in congressional races and another vying for a state House seat. None are running for statewide office. Independent U.S. Senate candidate Jonathan Jenkins missed the filing deadline for the November ballot.

Here’s the full list of independent candidates:

  • Scott Cubbler in the 2nd Congressional District in the Houston area.

  • Benjamin Hernandez and Kesha Rogers in Houston’s 9th Congressional District.

  • Ben Mendoza in El Paso’s 16th Congressional District.

  • Kellen Sweny in the Houston area’s 22nd Congressional District.

  • Martin Luecke in Texas’ 25th Congressional District, which spans from Fort Worth to Austin.

  • James Duerr in Texas’ 27th Congressional District along Texas’ Gulf Coast.

  • Neal Katz, in Texas House District 6 in Tyler.

Write-in candidates

Five parties in Texas made an effort this year to get November ballot access — America’s Party of Texas, the Christian Party of Texas, the Green Party of Texas, None of the Above and the Texas Independent Party. However, none of the parties secured the nearly 50,000 valid signatures needed for ballot access this fall.

There’s a last-ditch effort these parties can utilize, however: filing a declaration of write-in candidacy. The window to file declarations opened on July 21 and will close Aug. 20, Taylor said.

As of Friday, Taylor said, only one candidate had filed a nominating petition: Samuel Lee Williams Jr. (who will appear on the ballot as Sam Williams). According to his campaign filing, Williams is running as a candidate for the Independent Party against Democrat Veronica Escobar and Republican Rick Seeberger in the race fill the U.S. House seat that’s being vacated by Beto O’Rourke, D-El Paso.

But don’t be surprised if more write-ins file to get on the ballot over the next several weeks. Jan Richards, a Green Party of Texas candidate for governor, told The Texas Tribune she plans to send her paperwork to the secretary of state’s office in the final days leading up to the declaration deadline — but first she said she needs to collect the $3,750 needed to be eligible as a write-in. She said she wasn’t aware of other candidates in her party that planned on doing the same.

The Libertarians have a full slate, but that’s boring since they do that all the time. The number of official Independent candidates is a lot less than the number of people who originally expressed interest in being an independent candidate, which 1) is completely unsurprising, and 2) is another reminder that actually being a candidate requires a higher level of commitment and follow-through than talking about being a candidate. Sadly, the final list does not include Yvette “Will Rap 4 Weed” Gbahlazeh, but one presumes she has a ready way to console herself for that. The main effect any of these candidates are likely to have will be to make it that someone can win a race with less than 50% of the vote. This was a more common occurrence last decade, before the 2011/2013 redistricting, but it does still happen – Rep. Will Hurd in CD23 has won both his races with less than half the vote – but given the environment this year and the competitiveness in more districts than usual, anything is possible.

Independent candidates’ day

Continuing with a theme, there are a lot of wannabe independent candidates for various offices, most of whom will never make it onto the ballot.

Dallas billionaire Ross Perot did it in 1992 and 1996. Satirist Kinky Friedman and Comptroller Carole Keeton Strayhorn did it in 2006. They each got on the ballot as independent candidates in the November general election—Perot twice for president, and Friedman and Strayhorn as candidates for governor. None won, but they were on the ballot and votes for them got counted. This year, “Will Rap 4 Weed” and sixty-nine other people have given notice to the Texas Secretary of State that they intend to run as independent candidates for state and federal office this November.

But getting on the ballot as an independent in Texas is no easy task. A want-to-be candidate can’t just buy a spot; they’ve got to collect signatures on a ballot petition. For governor this year, valid signatures are required from a number of people equal to one percent of the total vote in the 2014 gubernatorial election—47,183 signatures from qualified voters. To make it even more difficult, the petition drives can only occur between the end of the major party primaries for the office the independent is seeking and a deadline of 5 p.m. on June 21. And the individual signing the petition cannot have voted in a primary or signed a petition for another candidate running for the same office.

“Texas is the only state that requires independent candidates to file a declaration of candidacy virtually an entire year before the general election,” said Richard Winger, editor of a national election-focused newsletter, Ballot Access News. Federal courts struck down similar laws in South Carolina in 1990 and in West Virginia in 2016, he said, adding that the U.S. Supreme Court in a 1983 decision noted that independent candidates with substantial support usually only emerge after the voting public know the names of the Democratic and Republican nominees. But Texas required independent candidates to file their intent to run for the 2018 election by December 11, 2017. “If the federal judges in Texas were of higher caliber, the Texas December deadline would have been struck down long ago,” Winger told me.

Nevertheless, the law remains intact along with its petition requirement.

The issue of Texas’ statutory requirements for getting on the ballot as an independent have come up before, most recently in 2016, but that ship appears to have sailed. Author RG Ratcliffe kindly put together this compendium of no-label hopefuls, and believe it or not there are a couple of names I recognize. Lori Bartley, running in CD18, was the Republican candidate in my Congressional district in 2016. There must be something enticing about that prospect here, because there are two other indies seeking a spot on the ballot alongside her. Scott Cubbler, running in CD02, was one of thirteen write-in candidates for President
anyone can be written in, but one must register with the SOS to have those votes be officially counted – in 2016. A grand total of 314 people did so. He was also a classmate of mine in college, and I guess I may have to satisfy my curiosity and ask him what he thinks he’s getting out of this experience. Anyway, the list of potential indies is there if for some reason you need it. None of them are official till they turn in their petitions, and please note that if you choose to sign one of their petitions you cannot vote in a primary, lest you render your signature void. Happy trails, y’all.