The Common Law

I'm fed up with Republicans and Democrats. I think both parties are running us into the ground nationally and locally. I want to run for office as an Independent but have heard it's near impossible to get on the ballot. Is that true?

– B.C.

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Yes – it's very difficult (although not entirely impossible) for an Independent to get on the general election ballot in Texas.

Making it extremely hard for Independents and third parties to get on the ballot is one of the few areas of consistent agreement for Republicans and Democrats. But if you are wanting to buck the system and throw your hat in the ring, there are some basics you should know to get your name on the ballot as an Independent.

For starters, you can only get your name on the ballot as an Independent if you are unaffiliated with a political party. If you vote in a party's primary elections or participate in a party's conventions, you are considered "affiliated" with the party and are disqualified from running as an Independent.

Assuming you jump that hurdle, next you must follow a multi-step process, which begins with the mandatory filing of a Declaration of Intent to Run as an Independent Candidate. For the upcoming election cycle, this Declaration must be filed between November 13, 2021 and December 13, 2021 (there's still time for you!). Then you must file a candidate application along with a supporting nominating petition, both of which must be filed no later than June 23, 2022. Depending on the office that you want to run for, the candidate application and nominating petition are filed with either the county judge (for local county or precinct office) or the Texas Secretary of State's office (for district or state offices).

As part of the nominating petition, you are required to submit a specific number of signatures that support you being added to the general ballot. The signatures can only be from registered voters that did not vote in the Republican or Democrat general primary election (or the runoff). Basically, that means you have to get a lot of signatures from registered voters that were too apathetic to vote in the primary.

The number of signatures you'll need will depend on the office you want to run for. For example, in the current election cycle, an Independent that wants to get on the statewide ballot would need more than 83,000 signatures. Local offices typically require much less (often a minimum of 500 signatures).

Check out the Texas Secretary of State's office (sos.state.tx.us) for good information on the specific things an Independent needs to do to get on the ballot.