Political parties with a presidential primary must adopt implementing rules, keep them consistent, and file/post them by the January 5 deadline to keep ballot access for presidential nominees.
Sec. 191.008. IMPLEMENTATION BY PARTY. (a) The state executive committee of each political party holding a presidential primary election shall adopt the rules necessary to implement this subchapter unless the rules already exist. (b) The rules may not be inconsistent with this subchapter or with rules adopted by the secretary of state under this subchapter. (c) A rule is enforceable by writ of mandamus in the same manner as if the rule were a statute. (d) For a political party to be entitled to have its nominees for president and vice-president of the United States placed on the general election ballot in an election year in which the party is holding a presidential primary election, the rules adopted under this section or the rules already in existence must be posted on the party's Internet website and filed with the secretary of state not later than January 5 of the presidential election year. The secretary of state may extend this deadline for good cause. (e) Before presidential primary election day, the secretary of state shall notify the authority responsible for having the official general election ballot prepared in each county of each political party that failed to file a rule as provided by Subsection (d) and shall order those authorities to omit the party's nominees for president and vice-president of the United States from the general election ballot. (f) The rules may be amended at any time by the state executive committee, but an amendment adopted in a presidential election year after the rules are filed with the secretary of state under Subsection (d) may not take effect until after the presidential election year if the rule affects the selection of delegates to the national presidential nominating convention. Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 26, eff. Sept. 1, 1987. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 41, eff. September 1, 2019. SUBCHAPTER B. STATE CONVENTION