PETITION IN LIEU OF A FILING FEE CAUSES SOME CONFUSION

As the filing period for the March 2026 Primary Election continues, Kinney County residents may encounter candidates—or their representatives—requesting signatures on petitions in lieu of filing fees. These petitions are authorized under Sections 172.021(e) and 172.025(a) of the Texas Election Code and allow candidates to qualify for a place on their party’s primary ballot without paying a filing fee, provided they gather the required number of voter signatures.

Recently, it has been reported that some voters may have signed petitions without being read—or without reading—the required statement explaining the significance of signing. To help clarify the process, the District/County Clerk issued a public announcement on Tuesday, December 2, after consulting directly with the Legal Department of the Texas Secretary of State’s Office.

The Clerk’s notice, posted in multiple community Facebook groups, explains that signing a petition for a candidate in one political party binds the signer to that party’s primary for that election year. A voter who signs a petition for a Democratic candidate becomes ineligible to vote in the Republican primary, and vice versa. This is not a matter of past voting habits or party preference, but a legal effect of signing the petition itself. It does not apply to the General Election.  The Clerk further noted that voters who signed a petition but do not wish to be affiliated with that party in the primary may request to have their names removed. To do so, they must contact the candidate to inform them of the request, then submit a brief, notarized letter to the Clerk’s Office stating they wish to be removed from the petition. However, if the petition has already been submitted by the candidate, the voter cannot be removed and will be required either to vote in that party’s primary or to abstain from primary voting altogether for that election cycle. This guidance was provided directly by the Secretary of State’s legal staff.

According to the official petition form, the following statement must be read aloud to each voter before they sign: “I know that the purpose of this petition is to entitle ____ to have his or her name placed on the ballot for the office of _____ for the _____ primary election. I understand that by signing this petition I become ineligible to vote in a primary election or participate in a convention of another party… during this voting year in which this primary election is held.” The full form is available on the Texas Secretary of State’s website at https://www.sos.state.tx.us/elections/forms/pol-sub/2-7f.pdf.

This notice is being shared to help ensure that Kinney County residents are fully informed before signing election-related petitions. Voters with concerns or questions may contact the District/County Clerk’s Office or the Texas Secretary of State’s Elections Division for additional clarification.