Texas has closed primaries where voters must register with a party and can only vote in that party's primary. It uses a plurality system for general elections, where the candidate with the most votes wins regardless of percentage. The Republican Party currently holds most statewide offices and a majority in the state legislature, while Democrats control a few local offices. Political parties help organize candidates and voters but do not appear on the Texas ballot.

1. Elections, Political Parties, Interest Groups
State control of elections within their borders
Congress has the power to change state election laws.
Courts use judicial review to change state electoral laws.

2. Voting in Texas
• You must be a US citizen to vote.
• You must be 18 years of age on election day.
• You must register to vote.
• Registration to vote in Texas:
• Voters are registered by county.
• Voters must have lived in the county for 30 days prior to registering.
• Texas closes registration 30 days before an election.
• Some states allow election day registration
• Registration requirement important restriction on voting
• Citizens do not register as a member of a political Party in Texas

3. Historical Impediments to African American Voting
Intimidation and Exclusion of African Americans and Hispanics
• 1903: Texas switched to party primary elections to choose nominees
• White Primary
• Democratic party excluded African Americans from membership and voting in primary
• 1923: state legislature excludes African Americans from voting in Democratic primary
• In Nixon v Herndon (1927), the US Supreme Court ruled against Texas, holding that the law was such a
clear violation of the Fourteenth Amendment.
• State legislature immediately passed a law granting the authority to the executive committee of each
party to exclude black voters
• Nixon v Condon (1932), with the Court again citing the Fourteenth, and noting that the state was, in
effect, making the decision for the party.
• Texas Democrats approach next asimply allowed the Texas Democratic Party, voting at its state
convention, to ban African Americans from the primary.
• The Court allowed this rule to stand in Grovey v Townsend (1937), agreeing parties were private clubs
• In Smith v Allwright (1944), the Court struck down Townsend and ruled that parties are “an agency of
the state” that must abide by constitutional law and not thwart voting rights

4. Historical Impediments to Voting in Texas
• Poll Tax
• From 1902, Texas charged citizens a poll tax to register to vote.
• $1.50 - $1.75 per year at a time when average wage was $0.22.
• In 1964, the Twenty-Fourth Amendment to the US Constitution barred poll
taxes in all elections for national office.
• Texas then created separate ballots for national and state elections where
everyone could vote in national elections but those paying the poll tax could
vote in state election
• Ruled a violation of due process and outlawed by United States v. State of
Texas, 252 F. Supp. 234 (W.D. Tex. 1966)
• SCOTUS let the district court stand without a full hearing

5. US Congress moves to protect voting rights
Voting Rights Act of 1965
• Section 2: No voting qualification or prerequisite shall be applied by any state to abridge
voting due to race or color. (language groups added) does not require intent
• The Attorney General has brought several cases under Section 2
• Individuals and groups can bring lawsuits challenging practices under section 2
• Section 3: Attorney General may appoint federal examiners to oversee any court orders
resulting from a 15th Amendment lawsuit against a state or any political subdivision.
• “Bail-in provision:” Court may suspend any voting qualifications or “devices” it finds to have been used for
racial discrimination, and retain jurisdiction over the rules and practices of such a subdivision, through such
examiners, for as long as it deems necessary. Requires finding of intent to discriminate
• Section 4: States and subdivisions meeting certain qualifications based on previous use of
literacy tests, very low turnout rates, and other objective indicators as of November 1964 are
immediately and automatically to fall under Section 5.
• Section (a) “bail-out” provision: a subdivision may petition to exit coverage of Section 5 if it has complied
with all requirements for at least 5 years.
• Section 5: Subdivisions falling under the criteria of Section 4 or the bail-in provisions of
Section 3 must get “pre-clearance” from the Justice Department before making any changes
in its laws on electoral systems, representational arrangements, or voter qualifications.
• US District Court of the District of Columbia can also review changes for “pre-clearance”

6. Pre-clearance Today
• Shelby County v. Holder, 570 U.S. 529 (2013)
• The criteria in Section 4 for determining which jurisdictions must seek pre-
clearance were invalidated by SCOTUS min a 5-4 vote
• Congress can write new rules for determining which jurisdictions must seek pre-
clearance under Section 5 but has not done so.
• The “bail-in” provision of Section 3 remains a path under which jurisdictions
may be required to seek pre-clearance.
• Courts can respond to current intentional discrimination
• Several jurisdictions have been bailed in by courts
• Latest Texas jurisdiction under section 3 pre-clearance
• Patino et al v. City of Pasadena et al, No. 4:2014cv03241 - Document 151 (S.D. Tex.
2017)
• Alberto Patino, et al v. City of Pasadena, No. 17-20030 (5th Cir. 2017)
• Pasadena agrees to court decisions and is placed under Section 3 pre-clearance

7. Texas Motor Voter Registration Online
Plaintiff: Jarrod Stringer
Defendant: Carlos H. Cascos and Steven C. McCraw
Case
Number:
5:2016cv00257
Filed: March 14, 2016
Court: US District Court for the Western District of Texas
Office: San Antonio Office
Presiding
Judge:
Orlando L. Garcia
Nature of
Suit:
Civil Rights: Voting
Cause of
Action:
28:1331 Fed. Question
In a 2018 ruling, U.S. District Judge Orlando Garcia of
San Antonio found that Texas was in violation of the
federal National Voter Registration Act and the
Constitution’s Equal Protection Clause because it
treated voters who dealt with their driver’s licenses
online differently than those who obtained or renewed
their licenses in person at Texas Department of Public
Safety offices.

8. Texas Motor Voter Registration Online: Judge Orlando Garcia
again orders Texas to register 3 voters who tried to register online
November 13, 2019: 5th U.S. Circuit Court of Appeals reversed a federal district judge’s (Orlando
Garcia) ruling eral law by failing to register residents to vote when they updated their driver’s licenses
online. The panel of three federal judges that considered the case did not clear the state of
wrongdoing but instead determined that the three Texas voters who had brought the lawsuit did
not have standing to sue.
Round 2: U.S. District Judge Orlando Garcia of San Antonio on Thursday (01/30/2020) issued an
injunction requiring the state to allow the registrations of three plaintiffs in a suit over the state's
voting rules. At a later date, the court is expected to issue a larger ruling covering all Texans' ability to
register online.
Federal law requires that states conduct voter registration wherever they allow driver's license
renewal, and some 40 states now allow online voter registration.

9. Types of Elections
• Primary Elections
• Held by parties to choose
nominees for the general
election
• In Texas, nominees must win a
MAJORITY of the vote
• No majority; hold a RUNOFF
election of top two
• General Election
• Held by political jurisdiction to
decide which party’s candidate
will serve in the office
• In Texas, it requires only a
PLURALITY (highest vote total)
to win the office
• Special Elections: elections not held on the regular schedule
• to fill vacancies in legislative or executive offices
• to authorize bonds
• to ratify or reject amendments to the Texas constitution

10. Types of Primary Elections
Basic Types
• Open
• Voters are free to vote in the
primary of either party
• Closed
• Voters must register as a member
of a party and can only vote in
that parties primary
• Jungle Primary: aka top 2
primary, blanket primary, non-
partisan open primary
• used in some elections in
California, Louisiana, Nebraska,
and Washington
Primaries in Texas
• Quasi Open
• On primary election day, voters
choose to participate in the
primary election process (primary
and runoff primary) of one party
• EG: if you vote in the Democratic
primary you can only vote in the
Democratic primary runoff

11. Types of Primary Elections
• Non-partisan methods of choosing candidates for a general election are
created in some states for specific types of elections.
• Various names are applied to this type of election; jungle primary, top two
primary, blanket primary, non-partisan open primary
• How do they work? Office seekers declare for a spot on the ballot for some office.
Voters cast ballots for these candidates. If a candidate wins a majority, that person
wins the office. If no candidate wins a majority, the top two vote getters face each
other in a subsequent election. Some states refer to this second election as the
general election and some call it a runoff election.
• This subsequent election can occur between two members of the same party

12. Direct and Indirect Primaries
Direct Primary
• Voters choose the party nominee for
office directly
• Texas requires direct primary winners to
achieve a majority vote (50% plus one
vote
• If no candidate gets a majority a runoff
election is held between top 2 vote
getters.
• Other states may not require a majority.
• Examples: governor, plural executive,
TX and US house and senate
Indirect Primary
• Presidential preference primaries are
indirect primaries.
• Voters choose a presidential candidate
but the results of that vote determine
the number of delegates to the party
nominating convention pledged to
each candidate

13. 2020 Republican Presidential Preference Primaries in Texas
155 delegates; 108 by district and 47 at large (statewide)
Delegates soft pledged based on
Congressional District results
• 108 district delegates are to be allocated to
presidential contenders based on the primary
results in each of the 36 congressional districts:
• Each congressional district is assigned 3 National
Convention delegates.
• These delegates are allocated to the presidential
contenders as follows:
• Candidate over 50% gets 3 of the district's
delegates. [
• No candidate over 50% but at least 1 candidate
gets 20% or more of the vote; plurality winner gets
2 and second place 1
• If no candidate receives 20% of the vote then the
top 3 vote getters each receive 1 delegate.
Delegates soft pledged based on
statewide results
• 47 at-large delegates: 10 delegates plus 34 bonus
delegates plus 3 RNC delegates will be allocated
to the candidates based on statewide primary
results. These delegates are allocated to the
presidential contenders as follows:
• Candidate gets over 50%, that candidate is
allocated all 47 at-large delegates. [
• No candidate gets over 50% but 2 get 20%, 47 at-
large delegates are allocated proportionally among
those candidates receiving 20% or more.
• No candidate gets over 50% but 1 gets 20%, 47 at-
large delegates are allocated proportionally
between the candidate receiving 20% and the
candidate receiving the next highest vote total
• If no candidate receives 20% of the vote, allocate
the 47 at-large delegates proportionally.

14. 2020 Democratic Presidential Preference Primary;
262 delegates; 228 soft pledged; 34 unpledged
149 delegates soft pledged based on
results in the 31 state senate districts
• 149 total by senate district
State Senate
District
Delegates State Senate
District
Delegates
SD1 4 SD17 5
SD2 5 SD18 4
SD3 4 SD19 5
SD4 5 SD20 5
SD5 5 SD21 5
SD6 4 SD22 4
SD7 4 SD23 8
SD8 5 SD24 3
SD9 4 SD25 6
SD10 6 SD26 6
SD11 4 SD27 4
SD12 4 SD28 2
SD13 8 SD29 4
SD14 10 SD30 3
SD15 6 SD31 2
SD16 5 TOTAL 149
79 delegates soft pledged based on
results of the statewide primary vote
• 79 total by statewide at-large vote
49 soft pledged delegates based on the statewide
at-large primary vote
30 soft pledged PLEO (Party Leaders and Elected
Officials) delegates based on the statewide at-
large primary vote
34 UNPLEDGED PLEO delegates aka “Superdelegates”
• 21 Democratic National Committee Members
• 13 Members of Congress (0 Senators, 13 US Representatives
***** Super delegates cannot vote in the first round in 2020

15. General Elections in Texas: presidential years
even numbered years
• Elections in Presidential Years
• US President
• Held to decide which ticket gets the electoral college votes of the state
• 48 states, including Texas, allocate electoral college votes on a winner take all
basis (Nebraska and Maine allocate electoral college votes proportionally)
• Nebraska has 5 electors
• 2 allocated according to statewide vote
• 3 allocated to winner of the vote counted in their 3 US House districts
• Maine has 4 electors
• 2 allocated according to statewide vote
• 2 allocated to winner of the vote counted in their 2 US House districts
• TEXAS: 38 electoral college votes (winner take all)

16. General Elections in Texas
• General Elections held every 2 years
• US offices
• US House: all 36 House seats
• Single member districts
• Plurality decision rules
• US Senate: approximately 1/3 of all senate seats up for election (6 year terms)
• In 2018, only one of Texas’ US senators was up for election (Republican Ted Cruz)
• Approximately ½ of the 31 members of Texas state senate (4-year terms)
• Single member districts
• Plurality decision rules
• All 150 members of Texas house
• Single member districts
• Plurality decision rules

17. General Elections in Texas; non-presidential
years
• General Elections held between Presidential elections (midterms)
• US offices
• US House: all 36 House seats
• Single member districts
• Plurality decision rules
• US Senate: approximately 1/3 of all senate seats up for election (6 year terms)
• In 2018, only one of Texas’ US senators was up for election (Republican Ted Cruz)
• Texas State Offices
• Approximately ½ of the 31 members of Texas state senate (4 year terms)
• Single member districts
• Plurality decision rules
• All 150 members of Texas house
• Single member districts
• Plurality decision rules
• Offices of Texas Plural executive

18. Political Parties
• Party in the electorate; party identification of individuals
• Do you think of yourself as a Democrat, Republican, Independent, Other
• Party in Government; party affiliation of elected officials
• Which party nominated the office holder?
• Party Organization; party officials and party meetings

19. Party In the Electorate
• Party Identification (Party ID)
• Feb 2020 Texas Policy Project Poll
•Democrat 43%
•Independent 8%
•Republican 48%

20. Party in Government
US Legislative Branch
US House Partisan Balance
Party 116th Congress
Democratic 235
Republican 198
Vacancies 2
Total 435
US Senate Partisan Balance
Party 116th Congress
Democratic 45
Republican 53
Independent 2
Total 100
Congressional Partisan Breakdown from Texas
Party U.S. Senate U.S. House Total
Democratic Party 0 13 13
Republican Party 2 23 25
TOTALS as of March 2019 2 36 38
US Senate US House

21. Party in Government
Texas State Legislature
Party As of March 2019
Democratic Party 12
Republican Party 19
Vacancies 0
Total 31
Party As of March 2019
Democratic Party 67
Republican Party 83
Vacancies 0
Total 150
Texas State Senate 2019 Texas State House 2019

22. Party in Government
Plural Executive
Statewide
Ken Paxton Republican Party Attorney General of Texas
Greg Abbott Republican Party Governor of Texas
Dan Patrick Republican Party Lieutenant Governor of Texas
Sid Miller Republican Party Texas Commissioner of Agriculture
Glenn Hegar Republican Party Texas Comptroller of Public Accounts
George P. Bush Republican Party Texas Land Commissioner
Wayne Christian Republican Party Texas Railroad Commission
Ryan Sitton Republican Party Texas Railroad Commission
Christi Craddick Republican Party Texas Railroad Commission
By Districts
Georgina Perez Democratic Party Texas State Board of Education District 1
Patricia Hardy Republican Party Texas State Board of Education District 11
Pam Little Republican Party Texas State Board of Education District 12
Aicha Davis Democratic Party Texas State Board of Education District 13
Sue Melton-Malone Republican Party Texas State Board of Education District 14
Marty Rowley Republican Party Texas State Board of Education District 15
Ruben Cortez Jr. Democratic Party Texas State Board of Education District 2
Marisa Perez-Diaz Democratic Party Texas State Board of Education District 3
Lawrence Allen Jr. Democratic Party Texas State Board of Education District 4
Ken Mercer Republican Party Texas State Board of Education District 5
Donna Bahorich Republican Party Texas State Board of Education District 6
Matt Robinson Republican Party Texas State Board of Education District 7
Barbara Cargill Republican Party Texas State Board of Education District 8
Keven Ellis Republican Party Texas State Board of Education District 9

23. Party Organization
Republican
• Republic National Committee
• Republican Senatorial Committee
• Republican Senatorial Conference
• House Republican Conference
• Republican Governors Association
• Republican State Leadership Committee
• Texas State Republican Party
• Officials
• State Executive Committee
• 1 woman and 1 man from each of the 31 state senate districts
• County Chairs
• Tarrant County Executive Committee
Democratic
• Democratic National Committee
• Senate Democratic Caucus
• House Democratic Caucus
• Democratic Governors Association
• Democratic Legislative Campaign Committee
• Texas State Democratic Party
• Officials
• State Executive Committee
• 1 woman and 1 man from each of the 31 state senate districts
• Democratic National Committee (Texas)
• County Parties

24. Interest Groups
• Interest groups are organizations of people who share common
political interests and aim to influence public policy by
electioneering and lobbying.
• Lobbying involves persuasion to convince an elected official or
bureaucrat to help enact a law, craft a regulation, or do
something else that a group wants.
• Electioneering is activity designed to influence the outcome of an
election. It could involve elections for political office or a TX
constitutional amendment or any other decision made by voting.

25. Interest groups and political parties
• Both try to influence policy outcomes and election of candidates.
• The major difference is that parties have a formal role in
nominating candidates for general elections and interest
groups do not.
• Parties play a direct role in organizing legislative bodies but
interest groups play only an indirect role
• Majority party holds top leadership and committee positions

26. Lobbying
Inside Strategies
• Direct contact to influence policymakers
• Written Reports/ testimony
• Draft legislation or regulations
• Groups can sue policy makers directly
• Groups often provide amicus curia (friend of
the court) briefs to influence court decisions
Outside Strategies
• Grassroots lobbying
• Mobilize members to contact
decisionmakers
• Change public opinion
• Education

27. Electioneering
• 501(c) Groups — Nonprofit, tax-exempt groups organized under section 501(c)
of the Internal Revenue Code that can engage in varying amounts of political
activity, depending on the type of group.
• For example, 501(c)(3) groups operate for religious, charitable, scientific or
educational purposes. These groups are not supposed to engage in any
political activities, though some voter registration activities are
permitted.
• 501(c)(4) groups are commonly called "social welfare" organizations that may
engage in political activities, as long as these activities do not become
their primary purpose.
• Similar restrictions apply to Section 501(c)(5) labor and agricultural groups.
• Similar restrictions apply to Section 501(c)(6) business leagues, chambers of
commerce, real estate boards and boards of trade.

28. Electioneering
• 527 Group — A tax-exempt group organized under section 527
of the Internal Revenue Code to raise money for political
activities.
• These groups are typically created by parties, candidates, groups,
committees or associations organized for the purpose of
influencing an issue, policy, appointment, or election, at any level
og government, be it national, state or local.
• Such organizations can raise unlimited funds from individuals,
groups, corporations or labor unions, but they must register with
the IRS and disclose their contributions and expenditures.

29. Political Action Committees (PACS)
• Political Action Committee (PAC) — A political committee that raises and spends limited "hard" money
contributions for the express purpose of electing or defeating candidates.
• Organizations that raise soft money for issue advocacy may also set up a PAC.
• Most PACs represent business, such as the Microsoft PAC; labor, such as the Teamsters PAC; or ideological
interests, such as the EMILY's List PAC or the National Rifle Association PAC.
• An organization's PAC will collect money from the group's employees or members and make contributions in
the name of the PAC to candidates and political parties.
• Individuals contributing to a PAC may also contribute directly to candidates and political parties, even those
also supported by the PAC.
• A PAC can give $5,000 to a candidate per election (primary, general or special) and up to $15,000 annually to
a national political party.
• PACs may receive up to $5,000 each from individuals, other PACs and party committees per year.
• A PAC must register with the Federal Election Commission within 10 days of its formation, providing the
name and address of the PAC, its treasurer and any affiliated organizations.

30. Super PACs and Hybrid PACs
• Super PACs arose following the July 2010 federal court decision SpeechNow.org v. Federal Election
Commission.
• Technically known as independent expenditure-only committees, super PACs may raise unlimited sums of
money from corporations, unions, associations and individuals, then spend unlimited sums directly to
overtly advocate for or against political candidates.
• Unlike traditional PACs, super PACs are prohibited from donating money directly to political candidates,
and their spending must not be coordinated with that of the candidates they benefit.
• Super PACs are required to report their donors to the Federal Election Commission on a monthly or
semiannual basis – the super PAC's choice – in off-years, and monthly in the year of an election.
• Hybrid PACs (Carey Committees) — A Carey committee is a hybrid PAC that is not affiliated with a
candidate and has the ability to operate both as a traditional PAC, contributing funds to a candidate's
committee, and as a super PAC, which makes independent expenditures.
• To do so, Carey committees must have a separate bank account for each purpose.
• The committee can collect unlimited contributions from almost any source for its independent expenditure account,
but may not use those funds for its traditional PAC contributions.

31. Regulating PACS
National elections
• Federal Elections Commission
Texas elections
• Texas Ethics Commission
• Lobbyists
• Candidates
• Political Committees
• Political Parties