The overwhelming majority of elections in the United States are for local office; however, local elections are understudied in the social sciences. Scholars who work in this area have primarily investigated turnout in large U.S. cities. Though we lack systematic evidence to draw definite conclusions, turnout in local elections is often considered to be abysmally low. That said, even high turnout in local elections does not mean very much if voters have no decisions to make on Election Day. A recent report by the Center for Local Elections in America found that 53 percent of mayoral elections held between 2000 and 2016 were uncontested. Obviously, a healthy democracy needs both voters and candidates.
A possible relationship between the lack of competitiveness of some elections on Harris County ballots and low voter turnout was suggested by one community leader:
It is not just a matter of having contested races and competitive elections. A healthy democracy also means that those who run for office and hold elected positions look like the electorate. Having elected bodies that represent local residents in terms of gender, race, ethnicity, sexual orientation, religion and other socio-demographic features helps ensure that a broad array voices will be heard and that policies reflect the needs and preferences of all local residents.
References
1) Marschall, M., John Lappie, and Luke Williams. Mar 2017. “Who Runs for Mayor in America?” Center for Local Elections in American Politics. Retrieved from http://corrul.rice.edu/uploadedFiles/Kinder_Institute_for_Urban_Research/Programs/LEAP/Who%20Runs%20for%20Mayor%20FINAL.pdf
| U.S. Senator | U.S. Representative | |
|---|---|---|
| Eligibility Requirements | ||
| U.S. citizenship | At least 9 years | At least 7 years |
| Residency | Texas | Texas; no district residency requirement |
| Age | 30 or older | 25 or older |
| Registered to vote in district | - | - |
| Other eligibility requirements | - | - |
| Seeking Candidacy – Major Party | ||
| Filing Fee | $5,000 | $3,125 |
| Petition Signatures | 5,000 | Lesser of 500 signatures or 2% of the total votes for all gubernatorial candidates in that district in the last election |
| Signatures accepted in lieu of filing fee | Yes | Yes |
| Independents | ||
| Filing Fee | - | - |
| Petition Signatures | At least 1% of all votes cast statewide for a gubernatorial candidate in the preceding election | 500 signatures or 5% of the total gubernatorial votes in that district, whichever is less |
Federal policy source: U.S. Constitution
State policy source: Texas Secretary of State, Qualifications for Office; Texas Secretary of State, Independent Candidates; Tex. Elec. §142.007; §172.024-.025
While there is one set of age and residency requirements to run for federal elective office across the U.S., candidacy filing requirements vary widely. To run for U.S. Senate in 2014, for example, a candidate from Ohio needed to pay a $150 filing fee and submit at least 1,000 signatures to run in a major party primary. In contrast, in Florida, a candidate for the U.S. Senate needed to pay a filing fee of $10,440 or submit 112,174 signatures to run in a major party primary. While Texas’ requirements fall between Ohio and Florida, they appear to be on the higher end compared to many states, according to 2014 costs reported by Ballotpedia.
References
1) Signature requirements and deadlines for 2014 U.S. Congress elections. (2014). Ballotpedia. Retrieved from https://ballotpedia.org/Signature_requirements_and_deadlines_for_2014_U.S._Congress_elections Running for State Office
See table below.
Unlike most statewide candidates in Texas who must either pay a filing fee or submit a requisite number of petition signatures in lieu of paying the fee, state judicial candidates need to submit both a filing fee and a petition with 700 signatures (50 from each of the 14 state court of appeal districts). Judicial candidates for courts specifically located in Harris County (and other counties with populations of over 1.5 million) must submit either 500 petition signatures or a combination of a filing fee and 250 signatures.
Texas policy sources: Texas Constitution, Article 3, Sec. 6-7; Article 4, Sec. 4; Article 5, Sec. 1-a; Tex. Elec. §141.001; §172.021; §172.024-.025; Texas Secretary of State, Qualifications for Office; Texas Secretary of State, Republican or Democratic Party Nominees
No candidate, except for U.S. president or vice president, may apply to run for multiple positions that are up for election on the same day or that are not permitted to be held by a single person.
Texas policy source: Tex. Elec. §141.033
To declare a write-in candidacy, a candidate must apply and submit a filing fee or petition. Filing fees and petition requirements for write-in candidates are the same as for major party candidates. A formal list of all write-in candidates must be developed and distributed to all counting officers and presiding election judges. Write-in votes are only counted if the candidate has officially declared a write-in candidacy.
Texas policy sources: Tex. Elec. §146.022-.023; §146.0231-.0232; §146.031
| Applies to all state-level candidates, unless otherwise indicated | Governor, Lt. Governor | Railroad Commissioner | Supreme Court Justice, Court of Criminal Appeals and Court of Appeals Justices | State Senator | State Representative | State Board of Education | District Judge; Criminal District Judge | |
|---|---|---|---|---|---|---|---|---|
| Eligibility Requirements | ||||||||
| U.S. citizenship | Yes | |||||||
| Residency | 12 months in state continuously; in election area for 6 months prior to filing deadline | 5 years immediately preceding election | Supreme Court or Court of Criminal Appeals: none; state guidelines for others | 5 years in state continuously; in election area for at least 12 months prior to filing deadline | 2 years in state continuously; in election area for at least 12 months prior to filing deadline | In election area for at least 12 months prior to filing deadline | In election area for at least 12 months prior to filing deadline | |
| Age | 18 or older | 30 or older | 25 or older | 35 or older, cannot run after 75 | 26 or older | 21 or older | 26 or older | 26 or older |
| Registered to vote in district | By filing deadline | Not required | Not required | |||||
| Other eligibility requirements | Not partially or totally mentally incapacitated without right to vote, or convicted of a felony without pardon | Also practicing lawyer or judge for at least 10 years | ||||||
| Seeking Candidacy – Major Party | ||||||||
| Filing Fee | $3,750 | Court of appeals: $2,500 (in district with county over 1 million ppl) | $1,250 | $750 | $300 | $2,500 (in district with county over 1 million ppl) | ||
| Petition Signatures | 5,000 | [See discussion in text] | 500 or 2 percent of total votes for most recent gubernatorial candidates in the jurisdiction | 500 or 2 percent of total votes for most recent gubernatorial candidates in the jurisdiction | [See discussion in text] | |||
| Signatures accepted in lieu of filing fee | Yes | |||||||
| Independents | ||||||||
| Filing Fee | None | |||||||
| Petition Signatures | 1% of total votes for most recent gubernatorial candidates | Lesser of 500 or 5% of total gubernatorial votes in the district | Lesser of 500 or 5% of total gubernatorial votes in the district | Lesser of 500 or 5% of total gubernatorial votes in the district |
Qualifications to run for state-level elective office are set by each individual state, resulting in a wide range of requirements in terms of age, filing fees, and petition requirements. Many states set age minimums for running for office. Texas’ minimum of 26 to run for state senate is higher than all but six other states. While Texas requires that state representative candidates be at least 21, 12 states set a minimum of 18 for this position, while another four set no minimum age for the office. Fifteen states have a minimum age for gubernatorial candidates that is lower than Texas’ minimum of 30; in recent years, news stories have emerged as teenagers sought to run for governor in states without explicit age minimums (e.g., Vermont, Kansas).
Texas is one of 33 states that sets a filing fee from major party candidates in order to run for state office. Among those states that institute filing fees, the amounts vary substantially: for example, fees to run for state senator range from $10 in New Hampshire to $7,500 for a Republican in Arkansas. Based on fees reported by the National Conference on State Legislatures, Texas’ $1,250 is among the higher filing fees for this position.
All states offer some alternative to the filing fee for candidates deemed “indigent.” In some cases, state law includes an indigent candidate exception to the filing fee; in other cases, no filing fee is required at all. In 13 states, including Texas, candidates can submit a specified number of petition signatures in lieu of the filing fee. Nineteen states require independent candidates for state legislative seats to pay a filing fee; Texas does not.
References
1) Qualifications for Office. n.d. Texas Secretary of State. Retrieved from https://www.sos.state.tx.us/elections/candidates/guide/qualifications.shtml#b
2) Republican or Democratic Party Nominees. n.d. Texas Secretary of State. Retrieved from https://www.sos.state.tx.us/elections/candidates/guide/demorrep2018.shtml
3) Filing Fees for Candidates for State Legislator. 7 Jul 2015. National Conference for State Legislatures. Retrieved from http://www.ncsl.org/research/elections-and-campaigns/filing-fees-for-candidates-for-state-legislators.aspx
4) Who Can Become a Candidate for State Legislator. 22 April 2015. National Conference for State Legislatures. Retrieved from http://www.ncsl.org/research/elections-and-campaigns/who-can-become-a-candidate-for-state-legislator.aspx
Texas law specifies that the minimum age for municipal elective office may not exceed 21 years old, and a city cannot institute a minimum residency requirement of longer than 12 months before the election. Beyond these requirements, home-rule cities are permitted to create their own age and residency requirements for elective positions.
Specific eligibility requirements for the City of Houston, a home-rule city are specified in the table below.
Home-rule cities can choose whether to require candidates to pay a filing fee; if so, they are responsible for determining the fee amount and to specify an alternative to the fee. If that alternative is a petition, state law specifies minimum numbers of petition signatures. A large home-rule city (defined as exceeding 1.18 million people in a county of at least 2 million people, like Houston) with non-partisan elections may instead require both a $50 filing fee and a petition.
Texas policy sources: Tex. Elec. §141.003; §143.005; §141.062; §141.066; Texas Secretary of State, Candidacy Filing – Local Political Subdivisions; Texas Secretary of State, Republican or Democratic Party Nominees
Houston policy sources: Houston Charter, Article I., Sec. 2-3; Houston Code of Ordinances, Article V., Sec. 4; Sec. 6; City of Houston, May 5, 2018 Special Election Packet – District K Vacancy
Candidates for city office must run as independents, unless the “home-rule” city charter specifically permits partisan elections. The City of Houston does not permit partisan elections.
Texas policy sources: Tex. Elec. §143.002-.003; Texas Secretary of State, Candidacy Filing – Local Political Subdivisions
Eligibility guidelines for non-home-rule city candidates are set by state law. See table below.
Most Texas localities do not require submission of petitions in order to run for office; however, state law provides procedures for filing petitions where required.
Texas policy sources: Tex. Elec. §141.001; §143.002-.003; Tex. Local Govt. §22.032; 23.024; Texas Secretary of State, Candidacy Filing – Local Political Subdivisions; Texas Secretary of State, Qualifications for Office
Candidates for non-home-rule city office must run as independents.
Texas policy sources: Tex. Elec. §143.002; Texas Secretary of State, Candidacy Filing – Local Political Subdivisions
Eligibility guidelines for county candidates are set by state law. See table below; note that the listed county petition and filing fees are specific to counties of over 200,000 people, like Harris County.
Texas policy sources: Tex. Elec. §141.001; Texas Secretary of State, Qualifications for Office; Texas Secretary of State, Republican or Democratic Party Nominees; Tex. Elec. §172.024-.025
Elections at the county level in Texas are partisan. Candidates running as an independent at the county level have different petition requirements than partisan candidates. Petitions are required, as specified in the table. Signers must not have participated in the general or runoff primary election for the office the candidate seeks.
Texas policy sources: Tex. Elec. §142.007-.009; Texas Secretary of State, Independent Candidates
| Applies to all municipal candidates, unless otherwise indicated | Home Rule Cities: Mayor, Controller, Council Member | Non-Home Rule Cities | County Court-at-law Judge; Criminal Court Judge; Probate Judge | County District Attorney; County Attorney | Sheriff | Constable | County Commissioner; District Clerk; County Clerk; Sherriff; Tax Assessor-Collector; Treasurer | ||
|---|---|---|---|---|---|---|---|---|---|
| Eligibility Requirements | |||||||||
| U.S. citizenship | Yes | ||||||||
| Residency | 12 months in state continuously; in election area for 6 months prior to filing, nomination, or appointment deadline | Resident of Houston 12 months prior to Election Day; 12 months residency in district for district-based Council candidate | Mayor of Type A City (with mayor and city council, but not “home rule”): in city for 12 months prior to Election Day | 2 years in state continuously | |||||
| Age | 18 or older | 18 or older | 25 or older | ||||||
| Registered to vote in district | By filing deadline | ||||||||
| Other eligibility requirements | Not partially or totally mentally incapacitated without right to vote, or convicted of a felony without pardon | Also practicing lawyer or judge for at least 4 years | Also practicing lawyer or judge | Also must possess high school diploma or equivalent and be eligible for licensure | Licensed peace officer; or be eligible for licensure and possess an associates degree, be a special investigator, or an honorably retired peace officer or investigator | ||||
| Seeking Candidacy – Major Party | Must run as independent, unless city charter specifies otherwise | Must run as independent | |||||||
| Filing Fee | If required by city charter. In Houston, Mayor: 1,250; Controller: 750; City Council: 500 | $2500 (in county over 1.5 million ppl) | $1,250 | $1,250 | $1,000 (in county over 200,000 ppl) | $1,250 (in county over 200,000 ppl) | |||
| Petition Signatures | If required by city charter, typically in lieu of filing fee. In Houston: at least 25 or half of 1 percent of total votes of all recent mayoral candidates | The smaller of: 500 or 2 percent of most recent gubernatorial votes (for major party) or 5% of most recent gubernatorial votes (for independent) | The smaller of: 500 or 2 percent of most recent gubernatorial votes (for major party) or 5% of most recent gubernatorial votes (for independent) | The smaller of: 500 or 2 percent of most recent gubernatorial votes (for major party) or 5% of most recent gubernatorial votes (for independent) | The smaller of: 500 or 2 percent of most recent gubernatorial votes (for major party) or 5% of most recent gubernatorial votes (for independent) | The smaller of: 500 or 2 percent of most recent gubernatorial votes (for major party) or 5% of most recent gubernatorial votes (for independent) | |||
| Signatures accepted in lieu of filing fee | Yes |
See table below.
Texas policy sources: Tex. Elec. §141.001; §144.002; §172.024-.025; Tex. Educ. §11.066; Texas Secretary of State, Qualifications for Office
See table for requirements for Harris County Board of Education Trustee candidates. Elections are partisan. See “Partisan and Independent Candidates” under “Counties” above for more information about independent candidates.
Note: The requirements regarding moral character, supporting public schools, and English proficiency were included in a state law that was repealed in 1995 (former Tex. Educ. §17.05). Although the law was repealed, boards are eligible to continue to operate under this law. Harris County Board of Education materials dated in 2018 indicate that it still operates under this law.
Harris County policy sources: Harris County Department of Education, Board of Trustees, Election Process; Harris County Department of Education Board Members Eligibility/Qualifications; Harris County Department of Education, Board of Trustees, Election Process
| Applies to all other municipal candidates, unless otherwise indicated | ISD Board of Trustees | Harris County Board of Education | |
|---|---|---|---|
| Eligibility Requirements | |||
| U.S. Citizenship | Yes | ||
| Residency | 12-months continuous residence in state; in election area for 6 months prior to filing, nomination, or appointment deadline | ||
| Age | 18 or older | ||
| Registered to vote in district | By filing deadline | ||
| Other eligibility requirements | Not partially or totally mentally incapacitated without right to vote, or convicted of a felony without pardon | A person who has been convicted of knowingly offering or agreeing to pay another person for sexual conduct is ineligible to serve | Must not have been convicted of paying for sexual conduct. Must “possess good moral character,” “be persons of good education and in sympathy with the public free schools,” be able to read and speak English, and not be an official or employee of any public school. |
| Seeking Candidacy | Must run as an independent | ||
| Filing Fee | $300 | $750 | |
| Petition Signatures | ½ of 1% of most recent gubernatorial votes in that single member district | The smaller of: 500 or 2 percent of most recent gubernatorial votes (for major party) or 5% of most recent gubernatorial votes (for independent) | |
| Signatures in lieu of filing fee | Yes |
We first examine the supply of candidates in Harris County to gauge the extent to which local races are contested. More candidates running for office tends to mean more competitive races and a more diverse set of choices for voters. On the other hand, elections with a larger number of unopposed races can discourage voters from turning out since they have few actual choices to make on Election Day.
Table 8 displays the percentage of candidates who ran unopposed in Harris County elections held between 2005 and May 2016. We classify candidates by office type and level of government to investigate potential differences in where unopposed races are more or less likely. The data indicate that roughly one in five candidates running for office on Harris County ballots during this period did not face a challenger. State-level offices have the highest incidence of unopposed races, with about one third of candidates seeing no opponent. In elections held between 2005-2016, candidates running for the mayor’s office and party offices always faced opponents. Overall, it appears that the supply of candidates in Harris County is generally quite good and that the vast majority of races are contested.
| Office Type | Percent Unopposed | Percent Female | Total Candidates |
|---|---|---|---|
| U.S. Congress | 14.5 | 14.8 | 310 |
| State Legislative | 33.7 | 29.4 | 588 |
| State Other* | 33.3 | 46.8 | 47 |
| Judicial/Law Enforcement** | 33.4 | 33.5 | 1,560 |
| County Legislative | 22.2 | 17.7 | 17 |
| County Other | 14.9 | 26.9 | 67 |
| Community College Trustee | 6.7 | 33.3 | 45 |
| Mayor | 0 | 27.7 | 47 |
| City Council | 5.6 | 29 | 369 |
| City Controller | 16.7 | 16.7 | 18 |
| School Board | 13.7 | 47.5 | 137 |
| Special District | 0 | 12.5 | 8 |
| Party Office | 3.2 | 31 | 714 |
| Total Candidates | 21.9 | 30.8 | 3,927 |
*These offices include State Board of Education and Attorney General.
**This includes all state, county, and municipal judicial offices as well as constables, justices of the peace, county district attorney and sheriff.
Female Candidates
The table also includes data on the percentage of female candidates running for offices in Harris County. Women are underrepresented in nearly all elected offices in the U.S. While many people assume that this is because women face greater challenges getting elected, the reality is that women tend to do quite well when they run. The problem, however, is that too few women run for office in the first place. While the surge in female candidates during the 2018 mid-term elections is encouraging, women are significantly underrepresented in the candidate pool across all offices in Houston, Harris County and the state of Texas.
Overall, just under 31 percent of all candidates running for office in Harris County between 2005- May 2016 were women. Women were least likely to run for congressional seats (14.8% of congressional candidates were women), special district positions (12.5%), and county legislative seats (17.7%). On the other hand, female candidates are most likely to seek positions on local school boards and the state board of education.
Figure 20 hones in a bit more on key offices at the local level, examining races that featured both female candidates and winners. What we see is a rather stark difference across county and municipal offices. Only one in five Harris County Commissioner’s Court races between 2004 and 2016 included a female candidate and in only 5 percent of these races did the female candidate win.15
On the other hand, 100 percent of mayoral races in Houston included at least one female candidate and female candidates (Mayor Annise Parker) won 50 percent of these contests. Female candidates were also present in more than half of all Houston city council races between 2004-2016 and women won about one in three of these contests. Overall, the supply of female candidates in Harris County varies significantly across office and level of government. In most cases, women continue to be underrepresented. However, in the City of Houston, women are competing in council and mayoral races and holding their own on Election Day.
Variation Over Time
We also examined candidate data over time to see if the percentage of female candidates or candidate running unopposed had changed much between 2005 and 2016. As Figure 21 indicates, while there is some variation over time, there is no clear trend.
Latino/a Candidates
Beyond the gender of local candidates, we reviewed the racial/ethnic composition of candidates who run for and win elections in Harris County. Here we focus on Latino/as not only because at 43 percent of the population, Latino/as represent the largest ethnic group in Harris County (U.S. Census 2017), but also because relatively reliable methods of coding Hispanic candidates exist, whereas for other racial/ethnic groups, this is not the case.16
Extensive reporting by the Austin American-Statesman revealed statewide underrepresentation of Hispanics on city councils and commissioners' courts. Compared to the 38 percent of Texas’ population that is Latino/a, approximately 10% of Texas mayors and county judges are Latino/a. Over 1.3 Hispanics residing in Texas are represented by commissioners’ courts and city councils without Hispanic members.
When we examine Hispanic candidates running for office in Harris County and the City of Houston we find a similar story (Fig. 22). As the graph below shows, between 2004 and 2016, just 10 percent of candidates for Harris County Commissioners’ Court had Hispanic surnames, and five percent of office holders during this period had Hispanic surnames. The stronger showing of Hispanic surname candidates for Harris County Sheriff is in large part due to one specific candidate, Adrian Garcia, who served as sheriff from 2009 until 2015, when he stepped down to run for mayor. Garcia was the first Latino elected to this position; in 2016, Ed Gonzalez, became the second Latino to hold this office in Harris County.17
While a substantial share of candidates for Houston mayor and at-large city council seats had Hispanic surnames (at least 50%), few of these candidates were electorally successful. Indeed, to date, the city of Houston has not elected a Hispanic mayor. Between 2004-2016, only a small fraction of city council seats were held by Hispanics (13 and 21 percent respectively for at-large and district seats).
Latino/a Representation Post Shelby County v. Holder: Pasadena
We see similar underrepresentation in Pasadena, the second largest city in Harris County. In fact, an attempt by the city’s mayor to further limit Hispanic representation on the City Council led to Pasadena being the only locality in Texas whose election-related laws are currently required to be reviewed by the DOJ under the Voting Rights Act.
One month after the U.S. Supreme Court struck down the preclearance requirements of the Voting Rights Act in Shelby County v. Holder, the Pasadena mayor proposed replacing two of the nine City Council districts with at-large seats and merging two Hispanic-majority districts into one. Voters narrowly approved this plan with 50.6 percent of the vote in a city-wide referendum in 2013.While turnout is typically low in off-cycle elections, just under 12 percent of registered voters in Pasadena voted in the referendum to amend the city charter.
Litigation challenging the plan claimed that the revised districts intentionally discriminated against Hispanic voters; a federal court judge subsequently ruled that it violated the Voting Rights Act, and applied preclearance requirements to the city for subsequent election-related proposals. Despite significant media attention at both the local and national level, turnout in Pasadena remains low and Latinos have not increased their representation in City Council. The 2017 municipal elections returned three Hispanic councilors to office.
References
1) Candidacy Filing – Local Political Subdivisions. n.d. Texas Secretary of State. Retrieved from https://www.sos.state.tx.us/elections/laws/candidacy.shtml
2) Qualifications for Office. n.d. Texas Secretary of State. Retrieved from https://www.sos.state.tx.us/elections/candidates/guide/qualifications.shtml#b
3) Board Members Eligibility/Qualification. n.d. Harris County Department of Education. Retrieved from https://pol.tasb.org/Policy/Download/578?filename=BBA(LEGAL).pdf&filename=BBA(LEGAL).pdf
4) City of Houston: May 5, 2018 Special Election to Fill District K Vacancy. n.d. City of Houston. Retrieved from https://www.houstontx.gov/district-k-election/(8)MinNoSigReqdPet.pdf
5) Schwartz, J. and Dan Hill. 21 Oct 2016. “Silent Majority.” Austin American Statesman. Retrieved from https://projects.statesman.com/news/latino-representation/index.html
6) Statesman Interactives. 23 Oct 2016. “Search Latino Representation in Your Community.” Austin American Statesman. Retrieved from https://projects.statesman.com/news/latino-representation/search.html#57800
7) Hill, D. and Jeremy Schwartz. 21 Oct 2016. “About the Series.” Austin American Statesman. Retrieved from https://projects.statesman.com/news/latino-representation/about.html
8) Ura, A. 11 Jul 2017. “Voting rights battle in Pasadena could have Texas-wide legal ramifications.” Texas Tribune. Retrieved from https://www.texastribune.org/2017/07/11/voting-rights-battle-pasadena-could-come-wide-legal-ramifications/
9) Ura, A. 3 Oct 2017. “Pasadena drops appeal, will remain under federal oversight of election laws.” Texas Tribune. Retrieved from https://www.texastribune.org/2017/10/03/pasadena-remain-under-federal-oversight-election-laws/