Elections and election rules are extremely interesting to some, but the rest of us find the rules to be dry and dull. Indeed, the Texas Election Code is a labyrinth of arcane procedures and requirements. The "horse-race" coverage — ignore the rules, ignore the policies, just talk about who is winning — is the corporate media approach. The rules can be nuanced and detailed, while the policies may have not-so-obvious effects. I have written my Election Code reform proposal in a statute-like form, to emphasize the details.
I believe the three most important goals of Election Code reform are 1) create a more positive and productive voting experience for Texans; 2) allow a wider range of viewpoints into the electoral debate; and 3) reduce the divisiveness and polarization of election campaigns.
To accomplish these goals, I propose these reforms:
- All persons of legal age and not disqualified from voting who receive a state issued identification shall also be registered to vote in the county of the person’s address given in the identification.
- The last day to register to vote in an election shall be the later of the last day of early voting in that election or the last Friday of the month preceding the election.
- There shall be a statewide general primary election in which the four parties with the most votes for statewide offices in the two preceding general elections that include the office of the President of the United States are specifically included and a fifth category of "Independent" is also included. Candidates in the Independent primary may state a party affiliation that is not one of the four party categories in the primary election, which shall be included in the determination of parties having a specific category in subsequent primary elections. Participating voters shall choose the category of primary election in which they wish to vote.
- All primary, general, and special elections shall be conducted by a ranked preference vote in which the voter ranks the candidates for each office in order of preference. It shall be the voter’s sole discretion whether to vote for any candidate or to rank candidates that are not the voter’s first preference. If only one candidate is selected by the voter, the rank for that candidate shall be first preference. The ranked preference shall be tallied so as to determine the candidate with the highest preference score. The candidate with the highest preference score shall be elected to the subject office, or be the independent or party’s nominee in the case of a primary election.
- Electronic voting machines shall be operated solely by published open-source software and shall record each voter selection electronically and shall generate two identical, clearly legible, paper print-outs of the voter’s selections when the voter completes their selections. One print-out shall be collected by the election polling place supervisor and the other print-out shall be retained by the voter. The voter shall have the right to permit a third party exit poll service to read the print-out and tally votes for the exit poll. Exit polls shall be conducted in a clearly marked location convenient to the polling place exit.
- In each polling district there shall be at least one voting machine for each one hundred eligible voters within the boundaries of the polling district.
- The last day for a candidate to apply for nomination by a political party or as an independent candidate shall be the last Friday of January in the election year. The candidate filing fee for statewide offices shall not exceed $500, and for other offices shall not exceed $100.
- Electoral district boundaries shall be rectangular in shape and the ratio of perimeter units to area units, using the same number base, shall not be less than 0.5 using the formula: 4π * area / perimeter^2. In the case where an irregular boundary line, such as a river or an existing municipal limit, makes a rectangular shape impractical, the ratio shall be calculated by using a line connecting the two endpoints of the irregular boundary as part of the perimeter. The populations of each district shall vary from the average by no more than 5%. The first district map drawn shall be a square centered on the capital building in Austin, Texas. Electoral districts shall be redrawn every ten years in the year following publication of the United States census.
Texas consistently exhibits lower voter turnout rates compared to the national average across various election cycles. The reasons for low voter participation in Texas are reflected in the "cost of voting" index. Due to restrictive voting laws, Texas is third highest nationwide in terms of cost of voting.
Under the Texas Election Code, only the Democrat and Republican parties hold statewide primary elections and the expenses are paid by the state. The Green and Libertarian parties are required to hold nominating conventions at the precinct, county, district, and state levels at a later date, with no expenses paid by the state. It is even more tedious for independent candidates. Independent candidates must file a Declaration, a Candidate Application, and a Nominating Petition with the required number of valid signatures. This process is complicated by Texas "party affiliation" rules which prevent persons who vote in a primary or convention from participating in a different party or signing nominating petitions.
Research shows that the current primary system leads to more extreme rhetoric from incumbents, which leads to divisive results in the electorate. Having a statewide primary election with four party’s candidates and independent candidates will increase voter participation and reduce the extremism that is incentivized by the current system.
My proposal for a statewide primary is not an "all party primary" proposal. Each party would have their nominees chosen by voters who vote specifically on that party’s nomination ballot. Having the party primary elections on the same day at the same place reduces most of the complications of the "party affiliation" rules.
Ranked choice voting is another method to broaden participation, improve the electoral experience, and reduce divisiveness of partisan politics.
Ranked choice voting (RCV) produces election outcomes that better represent voter preferences. In RCV elections candidates compete for second-choice support, which lessens the incentive to run negative campaigns. Candidates do best when they reach out positively to as many voters as possible.
The ranked-choice voting process unfolds as follows for single-winner elections:
- Voters rank the candidates for a given office by preference on their ballots.
- If a candidate wins an outright majority of first-preference votes (i.e., 50 percent plus one), he or she will be declared the winner.
- If, on the other hand, no candidates win an outright majority of first-preference votes, the candidate with the fewest first-preference votes is eliminated.
- All first-preference votes for the failed candidate are eliminated, and second-preference choices on these ballots are then counted as first-preference.
- A new tally is conducted to determine whether any candidate has won an outright majority of the ballots.
- The process is repeated until a candidate wins a majority of votes cast.
Most voting in Texas uses electronic voting machines. Texas uses machines from Election Systems & Software (ESS) and Hart InterCivic, both of which sell proprietary, closed source systems. There is a history of Republican Party involvement with ESS. The Voluntary Voting System Guidelines (VVSG) are a set of principles and standards for the election equipment that Americans use to vote. The VVSG is managed by the Election Assistance Commission, which has two Republican party and two Democrat party members. Thus, electronic voting machines are firmly under the control of the duopoly political parties and secretive private companies.
Open source electronic voting machine software is freely available for inspection and evaluation. This provides the best assurance that the software is free from hacking vulnerabilities. Open source voting machines provide much better assurance of integrity than closed source systems with political connections. An example of an open source voting machine is found at Voting Works. There is also the example of STAR-Vote, a project that originated in Travis County, Texas, as well as the open source voting system in Los Angeles County, California.
Voting with electronic machines can be compromised at the voting machine, during the electronic transmission process, and at the storage and tabulation level. Complete freedom from partisan influence and transparency of the entire process is necessary to assure accurate election results and public confidence in the process.
Voting in some locations can take hours. It is important that voting be accessible and convenient. Having a two week early voting period and encouraging early voting can help reduce waiting times. Having an adequate number of voting machines is also essential. Experience shows that local governments do not spend enough on elections, but this is not an appropriate area for the government to attempt to economize. If we make voting more positive and productive we can make progress in protecting and revitalizing democracy in Texas.
Candidates must file an application nearly a year before the election and pay an expensive filing fee. This prevents many potential candidates from filing because this deadline is so far in advance of the election and the fees are prohibitive for the majority of the population.
Gerrymandering is strategic drawing of district boundaries to increase the likelihood of future electoral success for one or more parties. By specifying requirements for the shape of electoral districts, the opportunities for gerrymandering are reduced. The "split-line" algorithm is arguably the best mathematical approach to drawing electoral district boundaries. I propose using the "Polsby–Popper test" which is the most frequently used mathematical test to measure the possibility of gerrymandered electoral districts. The best way to eliminate gerrymandering is to use a proportional representation system, as proposed in the Texas Green Party platform. Given the proclivity of elected representatives to use gerrymandering, it is probably necessary to have a constitutional amendment that mandates a fair method of drawing electoral districts.
The Election System Needs to Change
In previous eras, political parties consisted of vast networks of people at local, state, and national levels, allowing parties to serve as central organizing entities within local communities. . . . Today’s political parties perform a much less integral mediating function. The hollowing out of political parties that has disconnected them from the role of local civic organization may be one of the problems contributing to the influence of primary elections in our system. How Primary Elections Impact Behavior in the U.S. House of Representatives
According to the paper People Around the World Want Political Change, but Many Doubt It Can Happen, 77% percent of Americans want major change in the political system, but only 27% are confident that the political system can change.
In terms of the U.S. Congress, the opinions of 90% of Americans have virtually no influence when they differ from corporate interests.
The central point that emerges from our research is that economic elites and organized groups representing business interests have substantial independent impacts on U.S. government policy, while mass-based interest groups and average citizens have little or no independent influence. Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens, Martin Gilens and Benjamin I. Page
The electoral duopoly of the Republican and Democrat parties has become less and less representative of Americans. A recent Gallup poll finds that 45% of Americans identify as "Independent." Another Gallup poll finds that 58% of Americans believe we need a third major party. A recent poll in Texas finds that only 1 in 4 Texans approve of the Texas Legislature.
There is an explanation for our undemocratic democracy — monopolization of elections by two very similar political parties, both of which are controlled by economic elites. In nearly all elections in Texas, the choice of candidates is between a Republican or a Democrat candidate. Both of these parties are funded by the wealthy elite — the donor class — and both parties place the interests of Wall Street corporations over the public interest. Thus, the voters lose and the corporations win nearly every election, regardless of whether a Republican or Democrat is elected.
The election duopoly of the Republican and Democrat parties is further strengthened by the establishment media, which rarely, if ever, gives any coverage to third party candidates — the media coverage disparity. As far as the public knows from the media, there are only two political parties in Texas. Moreover, the corporate media has shifted to emotional and divisive reporting which appeals to a partisan audience. As Matt Taibbi states:
"In the post-objectivity era … media companies learned there is a consistent dependable way to make money. … You identify your audience … then you relentlessly feed that audience streams of stories that validate that audience’s belief system. And the easiest way to attract an audience is to present people that your audience does not like in a negative light." (minute 26)
The purpose of the Texas Election Code has been twisted from protecting the vote to protecting the monopoly position of the Democrat and Republican parties. Third parties, such as the Green Party or the Libertarian Party are required to follow outdated and impractical procedures and independent candidates are virtually shut out of the system. The Election Code serves to protect the establishment parties from competition … and from the voters. It effectively grants excessive influence to special interests, protects a political ruling class, and suppresses middle class, working family, and minority voters. The Election Code seriously needs to be reformed.
The more votes that I recieve in the 2026 election, the more likely it becomes that the Texas Legislature and state government will take action to improve the voting experience of Texans. Vote for Kevin McCormick for Lieutenant Governor.
Regards