ANALYSIS AND COMMENTARY
Mike Collier has run twice for Lt. Governor as a Democrat. He came pretty close to unseating Dan Patrick in one of those elections. The lesson he took from his loss is that Texans will never elect a Democrat to statewide office.
I do not necessarily agree with his conclusion. Never is a long time.
But I understand his point.
Now he wants to run for Lt. Governor as an independent. The only problem is Texas law only gives him 30 days to gather 81,030 signatures to get on the ballot as an independent candidate — an impossible task.
But there is another obstacle Texas puts in the way of independent candidates like Collier.
None of the persons signing the petition can have voted in either the Republican or Democratic primary or runoff elections.
The Texas Tribune reported last week that Collier, and numerous other potential independent voters and political figures in Texas, filed a federal lawsuit in Austin challenging these draconian rules for ballot access.
The lawsuit alleges that the requirements for an independent candidate to get on the ballot are so onerous, no independent statewide candidate has ever gotten on the general election ballot in Texas.
Collier is not exactly correct when he argues no independent candidate can get on the statewide ballot. There were two independent candidates for Governor in 2006, Carole Strayhorn and Kinky “How tough could it be?” Friedman.
It is possible, but it is definitely not easy, and it takes a lot of time and money.
Protecting the Status Quo
There is no question that ballot access reform in Texas is long overdue; it’s practically impossible for an independent candidate to run for a statewide race.
It is also extremely difficult for an independent to get on the ballot for any race in Texas — even Justice of the Peace.
That is by design. The two-party system has been protected from any real competition by the two parties since the beginning of partisan elections.
Having only two parties is not something inherent in our Constitution or electoral system.
It was written into law by the two parties, Democratic and Republican, to create a political duoply in this country, forcing candidates to run under one label or the other.
The winner-take-all election system we use in legislative races also makes it very unlikely that any independent or third party will ever get elected in Texas.
The most successful third-party movement in Texas history, La Raza Unida in the 1970s, was not able to win any seats outside of local government races in South Texas.
While the two-party system may have worked well in past (something that is very debatable), a society that expects multiple choices — at the grocery store, the coffee shop and in their entertainment — isn’t likely to accept only two real options in politics for much longer.
While the Republicans and Democrats each drift further to the right and the left they leave a vast, unrepresented and untapped political region where the majority of people find themselves — somewhere in between.
Where Do We Go from Here?
The Texas Republican Party has been conquered by the far right.
The same trend seems to be happening to the Texas Democratic Party, although it’s not as far along yet.
“None of the above,” or “Are these our only choices?” are common statements you hear around election time.
Increased polarization in politics and governance has proved a disaster for those who want good government and responsible public policy.
Ballot access and other electoral reforms, such as proportional representation in the legislature, could offer a cure, or at least lead to a lessening of the polarization and gridlock that has made a mockery of our democratic republic.
Will Collier prevail in his lawsuit?
If he does win, will he have time to get on the ballot for November?
Does an independent candidate have a chance of winning?
Would giving independent candidates easier access to the ballot lessen the polarization in our state politics?
I don’t know the answer to any of these questions, but continuing down the path we are currently on is not an option.
I’m willing to roll the dice and find out.
Good luck Mike.
