How to Establish a Political Party in Texas
Candidate Eligibility
The general eligibility requirements to be a candidate for a public elective office in Texas are that a person must:- Be a United States citizen;
- Be 18 years of age or older on the first day of the term to be filled at the election;
- Have not been determined to be totally mentally incapacitated or partially mentally incapacitated without the right to vote by a final judgment of a court exercising probate jurisdiction;
- Have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities;
- Have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding a date which varies according to the candidate’s status; and
- Satisfy any other eligibility requirements prescribed by law for the office.
Procedures for Establishing a New Political Party
A person wishing to start a political party in Texas must form an organization and elect a chair and other necessary officers. [Secs. 181.004, 182.002] The organization must have a name of three words or less. [Sec. 161.002] Chapter 181 applies to a political party making nominations by convention. Chapter 182 applies to a political party making nominations only for county and precinct offices.
Adoption of Rules
A political party that makes candidate nominations in Texas and has a state executive committee must adopt rules that, among other things, prescribe:- The parliamentary procedure governing the conduct of party meetings and conventions from the precinct level to the state level;
- The method of selecting the party’s presidential elector candidates;
- The manner of selecting party officers, convention delegates, convention alternates, and convention officials; and
- The manner of adopting party rules and amendments to the rules. [Sec. 163.002]
A political party’s rules, including amendments to rules, governing or affecting conventions or nominees (“rule on electoral affairs”) may be adopted only by a state convention or the state executive committee. If adopted by the state executive committee, the rules may be temporary, if adoption before the next state convention is necessary, or permanent, if the state executive committee is expressly required or authorized by statute to adopt a rule. [Sec. 163.004] The rules adopted must be consistent with state law. [Sec. 163.003]
Filing Rules with the Secretary of State’s Office and on Party’s Internet Website
The state chair must file a copy of each rule on electoral affairs with the Secretary of State. [Sec. 163.005(a)] In addition, all party rules (whether temporary or permanent) must be posted on the state party’s Internet website. [Sec. 163.005(f)]A rule must be filed not later than the 30th day after the date of its adoption. [Sec. 163.005(b)]
Exception: A rule on electoral affairs that is to become effective in a year in which the party will hold precinct conventions must be filed with the Secretary of State and posted on the party’s Internet website not later than the 30th day before the date the party convenes its earliest precinct conventions. [Sec. 163.006(a)] The Secretary of State may extend this deadline for good cause. A rule on electoral affairs is not effective until filed. [Sec. 163.005(e)] If a party fails to file a rule, the party is not entitled to have its nominees placed on the ballot for the general election for state and county officers. [Sec. 163.006(b)] The temporary rules must be considered by the membership at the first state convention after their adoption. [Sec. 163.004(b)]
A new political party (also referred to as a “third party” or “minor party”) may nominate candidates either by convention or primary election, if the party’s nominee for governor in the most recent gubernatorial election received at least two percent but less than twenty percent of the total number of votes received by all candidates for governor. [Sec. 181.002] If the political party chooses to nominate by primary election, the state chair must deliver written notice to the Secretary of State at least one year prior to the general election. [Sec. 172.002] Parties whose candidates received twenty percent or more of the total number of votes received by all candidates for governor in the most recent gubernatorial election are required to hold a primary election. [Sec. 172.001]
Registration Deadline
A political party that intends to make nominations by convention for the general election for state and county officers under Chapter 181 (except a party making nominations only for county and precinct offices under Chapter 182) must register with the Secretary of State not later than January 2 of the election year. The Secretary of State has prescribed a form for registering a new political party (PDF). [Sec. 181.0041] A party must make nominations of candidates by convention if the party is not required or authorized to nominate by primary election. [Sec. 181.003] A political party making state nominations under Chapter 181 is required to establish a state executive committee. [Sec. 181.004]Nomination by Convention Method
The procedure for nominating minor party candidates by convention is governed by Chapter 181. [Sec. 181.001] To be considered for nomination by a convention, a candidate for an office other than president and vice-president of the United States must make an application for nomination. [Sec. 181.031(a)] The application must be filed no later than 6:00 p.m. on December 9, 2025 preceding the new party’s convention. [Sec. 181.033] Candidates seeking nomination for a state or district office must file their application with the state party chair. [Sec. 181.032(a)(1)] Candidates for county or precinct offices must file applications with the county party chair. [Sec. 181.032(a)(2)] The application for nomination must be accompanied by either a filing fee or a petition in lieu of filing fee, delivered to the Secretary of State (for a statewide or district office) or to the county judge (for a county or precinct office), in order for the candidate to be considered for nomination by convention. [Sec. 181.0311] The amount of the filing fee or the number of signatures required for the petition in lieu of a filing fee is the same amount that is required for a candidate seeking nomination by primary election under Sections 172.024 and 172.025. [Sec. 181.0311] The state and county chairs must file a list of candidates with the Secretary of State not later than 10 days after the filing deadline. [Sec. 181.032(b)]New parties nominating by convention must hold the following conventions:
- Precinct conventions on the second Tuesday in March (i.e., March 10, 2026);
- County conventions on the first Saturday after the second Tuesday in March (i.e., March 14, 2026);
- District conventions on the second Saturday after the second Tuesday in March (i.e., March 21, 2026); and
- State conventions on the second Saturday in April (i.e., April 11, 2026). [Sec. 181.061]
The chair of each convention will certify the nominees to the county election officer (county or precinct offices) or the Secretary of State (district or statewide offices) not later than 20 days after each corresponding convention. [Sec. 181.068] For more details on this certification process, please contact the Secretary of State’s office.
Minimum of Precinct Participants Required
To be entitled to place their nominees on the general election ballot, new political parties must first file a list of precinct convention participants with the Secretary of State not later than the 75th day after the date of the precinct conventions (i.e., May 26, 2026). (Note: This deadline is extended to Tuesday, May 26th in accordance with Section 1.006 because the 75th day is a Sunday and Monday, May 25th is Memorial Day. [Sec. 1.006, 181.005(a)] The list must include the residence address and voter registration number of each participant. [Sec. 181.005(a)] The list must indicate that the number of participants equals at least one percent of the total number of votes received by all candidates for governor in the most recent gubernatorial election. The one percent figure for the 2022 gubernatorial election is 81,030 participants.Supplementing the Convention Participation List
If the number of precinct convention participants is fewer than the number required for the political party to qualify to have its nominees placed on the ballot, the party may still qualify by filing a petition (PDF) signed by registered voters who have not voted in a primary election or participated in another party’s convention. The petition must contain enough signatures that, when added to the number of convention participants, equals at least one percent of the total number of votes received by all candidates for governor in the most recent gubernatorial general election. [Sec. 181.006(a), (b)] The petition must comply with the requirements prescribed by Section 141.062 for a candidate’s petition and use the statutorily required language in Section 181.006(f). The petition may not be circulated until after the date of the party’s precinct convention (March 10, 2026). A signature obtained on or before that date is invalid. [Sec. 181.006(j)] The petition must be filed with the Secretary of State before the deadline to file the lists of precinct convention participants. [Sec. 181.006(b)]Note: Once a new party is on the general election ballot, the party is entitled to have the names of its nominees placed on the ballot in each subsequent general election, without meeting the petition requirements, if the party had a nominee for statewide office who received at least two percent of the total number of votes received by all candidates for that office at least once in the five previous general elections. [Sec. 181.005(b)] For the 2026 general election, the Libertarian Party and the Green Party are entitled to have their nominees on the general election ballot without needing a petition.
Frequently Asked Questions
1. Is a new party required to have a precinct convention, or can a new party seeking ballot access submit the required number of signatures on the supplemental petition?
Section 181.003 requires a political party to make nominations for the general election by convention if the party is not required or authorized to nominate by primary election. As such, a party must hold a convention and cannot submit a petition to supplement all of the precinct convention participants.
2. Can a precinct convention be held virtually?
There is no provision in the Election Code that authorizes a precinct convention to be held virtually. Additionally, Sections 181.063 and 181.064 refer to the “place for convening” the convention, which suggests that the convention must be held in person.
3. May a new party hold several precinct conventions on different days?
Section 181.061 requires precinct conventions to be held on the second Tuesday in March. Therefore, multiple or additional precinct conventions on other days are not authorized. [Sec. 181.063]
Financial Disclosure Requirements
Under Title 15 of the Election Code, candidates must file campaign contribution and expenditure reports. For further information and all questions about such disclosure filings, campaign finance, and political advertising, please contact the Texas Ethics Commission at 201 E. 14th, 10th Floor, Austin, Texas 78701, P.O. Box 12070, Austin, Texas 78711-2070 (or call 512-463-5800 or visit its website).Candidates filing for federal offices should contact the Federal Elections Commission toll-free at 800-424-9530 or visit its website.
