[Editor’s note: This story has been updated.ย If you’d like an email notice whenever we publish Ross Ramsey’s column, clickย here.]
So you want to be an independent candidate for president and you want to be on the ballot in Texas?
You have until May 9, and there is some fine print to read first. You canโt run as an independent candidate here if:
โข You have already run for president this cycle โ or couldnโt get your name off of the ballot after you dropped out. In that case, youโre gonna have to file a lawsuit and win in court to get past the stateโs โsore loserโ law. Itโs supposed to prevent people from taking two bites at the election apple in the same year.
โข You voted in either the Republican or Democratic primary. Thatโs the Texas equivalent of declaring yourself as a member of one of those parties; if youโre in a political party, youโre not an independent.
Former Gov. Rick Perry has said heโs not running as a third-party candidate, and that is not just a matter of choice: He got out of the race early enough to keep his name off of the ballot, but heโs a reliable Republican primary voter.ย [Editor’s note: As it turns out, Perry didn’t vote in this year’s primaries, so heย would be eligible to run as an independent if he chose to do so.]
The only way youโll get to see Perry on a presidential ballot is if the delegates to Julyโs Republican National Convention put him there. If you like to speculate about these things, you can live by this motto, which seems to suffice for most pundits these days: โItโs not impossible.โ
Itโs also not likely.
Most of the stateโs independent candidates had to file notices of intent to run by the same Dec. 14 filing deadline met by Republicans, Democrats, Libertarians, Greens and others. Presidential candidates play under different rules and can file until the May deadline, but thereโs more to it than just filling out the form.
They must gather petitions signed by 79,939 registered voters who, like the candidates themselves, did not take part in either the Republican or Democratic primaries.
Independents also have to have their vice presidential candidates on board when they are getting the petitions signed, so that the signers can see the full ticket theyโre agreeing to put on the ballot.
The governorโs race in 2006 was a high point for independents, when Carole Keeton Strayhorn and Kinky Friedman combined for 30.6 percent of the overall vote. That combined total outpaced Democrat Chris Bell (30 percent) and fell short of Perryโs 39 percent.
The best modern performance by an independent on a Texas statewide ballot was Ross Perotโs 22 percent in the 1992 race for president. George H.W. Bush got 40.6 percent and Bill Clinton got 37 percent. Perotโs total fell short of the Strayhorn/Friedman total 14 years later, but he did it without help from another independent.
Those were organized and, in two cases, well-financed candidacies. The point, 24 years ago, 10 years ago and now, however, is the same: Running as an independent is hard.
Itโs almost like Republican and Democratic lawmakers over the years agreed to shut out the competition.
This yearโs filing deadlines mean that if you want to run as an independent here, thereโs no waiting until after the party primary results are complete. Itโs possible that neither major party nomination will be locked down by the Texas filing deadline. In fact, given the pile of verified signatures that are required, a prospective candidate will need to get to work right away.
The deadline is less than seven weeks away.
They means they have to get everything completed before California, New Jersey, Nebraska, Oregon, Washington and several other states have held their primaries or caucuses. The independents wonโt know whom theyโre up against, for one thing, and canโt condition their candidacies on whether they like one of the major-party nominees.
In December, talk of an independent candidacy was mostly about Donald Trump โ and the chance that he might go off-leash if the Republicans shut him out or if he didnโt win enough delegates in the GOP. Later, it was about whether former New York City Mayor Michael Bloomberg would run out of frustration with the party frontrunners.
Now itโs about other candidates โ people like Perry, Mitt Romney and U.S. House Speaker Paul Ryan have been mentioned โย and the possibility that Republicans unhappy with their own nominee might try to put an independent candidate in the race after their national convention.
If they do, their candidate will have to get to the White House without going through Texas and its 38 electoral votes.ย

