VOTING AND ELECTIONS - Week 8
ELECTIONS IN THE US
Who Runs Federal and State Elections in the US
Federal and state elections in the United States are run primarily by state governments. There are no federal elections in the country.
Constitutional Foundations
The U.S. Constitution grants states the power to organize elections, determine voter qualifications, and control the electoral process.
Article 1, Section 2: "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States…"
Article 1, Section 4: "The Times, Places and Manner of holding Elections… shall be prescribed in each State by the Legislature thereof; but the Congress may… make or alter such Regulations."
Historical Context
The federal standards for elections were deemed too controversial at the time of the Constitution’s signing. Some states had property qualifications for voting, while others did not. For instance, New Jersey allowed propertied women to vote until 1807.
Hence, the U.S. has 50 different elections, each with unique election laws, even for federal offices.
State Control of Elections
States determine various aspects of elections, such as:
The electoral systems used (e.g., first-past-the-post, ranked choice).
Who must hold a primary election.
The timing and rules governing elections.
Drawing of district boundaries for federal and state legislatures.
TWO ELECTIONS
Winning public office in the U.S. typically requires candidates to win at least two elections:
Primary Election: Candidates must first win their party's nomination.
General Election: Candidates must win the election to take office.
Comparison with Other Countries
The U.S. is more inclusive than many countries, which do not allow general public participation in primaries or have restricted access to party nominations.
U.S. states generally allow any registered voter to participate in the primaries, thus giving parties minimal control over their nominees.
Nominating Candidates
Texas Election Code: Nominees for general elections for offices of state and county government must generally be nominated via primary elections if the party's previous gubernatorial candidate received at least 20% of votes.
Fees for Listing on Party Primary Ballot in Texas:
U.S. Senator: $5,000
U.S. Representative: $3,125
Texas Statewide Officers: $3,750
State Senator: $1,250
State Representative: $750
State Board of Education Member: $300
County Commissioner: $750–$1,250
District Judge: $1,500–$2,500
Justice of the Peace, Constable: $375–$1,000
PRIMARY ELECTIONS
State governments are currently responsible for the laws governing primary elections, justified on the basis of public financing.
States decide electoral rules, who can vote, and election dates.
Texas Primaries: All primaries are held on the first Tuesday in March, with a runoff on the fourth Tuesday in May, earlier than other states.
Variation in Primaries
Most states conduct primaries using plurality rules, while Texas uses majority rule, often necessitating runoff elections.
Types of Primaries
Open Primary: Voters can choose which party primary to participate in on Election Day without being registered with that party.
Closed Primary: Voters must declare party preference when registering before they can participate.
Texas Primary System: Characterized as an open primary; no party registration is required.
PRIMARY ELECTIONS FOR 2026
Major Contests for US Senate
Candidates:
Republican Jon Cornyn (incumbent)
Republican Ken Paxton
Republican Wesley Hunt
Democrat Jasmine Crockett (endorsed by Harris)
Democrat James Talarico
Attorney General Race
Contenders include:
Republicans Chip Roy, Mayes Middleton, Joan Huffman, Aaron Rietz
Democrats Nathan Johnson, Joe Jaworski, Tony Box
Primaries for Other Positions (e.g., Comptroller of Public Accounts, Agriculture Commissioner)
Republicans Kelly Hancock (Acting, endorsed by Abbott), Christi Craddick, Don Huffines (Trump endorsed)
Democrats include Sarah Eckhart and others
Local Congressional Seats (Expected Outcomes)
Various TX seats likely favor Republicans with several candidates endorsed by Trump and Cruz. Notable Democrats in contested seats include incumbent Sylvia Garcia and Al Green.
WHETHER TO HAVE CLOSED PRIMARIES
Current GOP tensions over open vs closed primaries:
The Republican Party of Texas (RPT) is suing against the state’s open primary law, arguing it violates their First Amendment rights of association.
Concerns regarding crossover voting potentially leading to weaker candidates and candidates lacking ideological commitment.
Opinions on Primaries
Proponents of closed primaries argue it protects party integrity; opponents view closed primaries as undemocratic and exclusionary to general taxpayers.
GENERAL ELECTIONS
Scheduled every two years, specifically for federal elections, the first Tuesday after the first Monday in November. States maintain flexibility regarding state elections, sometimes scheduling them differently.
Unlike primaries, general elections in Texas are held under plurality rule, where the highest number of votes wins.
Construction of General Election Ballots
Texas ballots can be extensive and multilingual due to the Voting Rights Act (VRA).
The state recently banned straight-ticket voting.
GETTING ON THE BALLOT
Primary elections are essential for major parties; they impose higher barriers for third-party candidates, requiring significant voter support (e.g., 2% of previous gubernatorial votes) for ballot access.
Independent candidates must gather a set number of signatures to be placed on ballots (5,000 for statewide offices).
ELECTORAL DISTRICTS
Federal Level
Single-member districts required for the U.S. House of Representatives since 1842, and further defined in 1967.
States redraw electoral districts every ten years following the census and may adjust boundaries in-between.
Gerrymandering
Defined as manipulating district boundaries for political advantage.
Cracking: Splitting concentrated voters into multiple districts.
Packing: Concentrating opposing party voters into fewer districts to waste votes.
Legal Constraints of Gerrymandering
Racial gerrymandering violates Section 2 of the VRA, while partisan gerrymandering remains permissible.
The courts have struggled to define acceptable limits.
Minority districts must be created when possible.
CLOSING REMARKS ON GERRYMANDERING
Solutions to gerrymandering include bipartisan commissions for boundary drawing but the effectiveness varies.
Ongoing redistricting poses challenges, especially in states like Texas finishing an ambitious mid-decade congressional redistricting.
WHO CAN VOTE? (Legality and Limitations)
The U.S. Constitution’s 15th Amendment (1870) prohibits voting discrimination based on race, the 19th Amendment (1920) protects against gender discrimination, and the 26th Amendment (1971) grants voting rights to those 18+.
Voting Rights Act of 1965 strengthens these protections by banning literacy tests, ensuring minority registration, and forbidding practices that dilute voting power, inclusive of measures affecting racial identity.
Current Limitations on Voting
Only felons may be restricted from voting in certain jurisdictions (exceptions exist in Maine and Vermont). Texas requires felons to complete their sentence before regaining voting rights.
STATE CONTROL OF ELECTIONS
States shape the voting process significantly, including voter registration, voting methods, and voting schedules, often influenced by federal court rulings to prevent racial discrimination.
Voter Registration in Texas
Texas requires registration 30 days prior to an election; the registration process includes multiple methods, but is generally more challenging compared to other states. Early voting and mail-in voting have steadily increased since the COVID-19 pandemic, but eligibility criteria vary significantly.
Voter ID Laws in Texas
Recent legislation (SB1, 2021) emphasizes stricter ID requirements for both in-person and mail-in voting, alongside regulations governing voter assistance and ballot collection practices to mitigate perceived fraud risks.