TDP Does Not Need the Approval of the Texas Legislature to End the Texas Two-Step
The Texas Democratic Party could stop using the Texas Two-Step system without seeking a change in the Texas Election Code through the Texas Legislature. TDP could adopt a system of allocating all pledged delegates based on the results of the popular vote just by changing its own rules and adopting an appropriate National Delegate Selection Plan for 2012. It is not necessary to go through the Texas Legislature to end the Texas Two-Step.
§ 191.007. ALLOCATION OF DELEGATES. Each political party holding a presidential primary election shall adopt a rule for allocating delegates based on the results of the presidential primary election. At least 75 percent of the total number of delegates who are to represent this state at the party’s national presidential nominating convention, excluding delegates allocated among party and elected officials, shall be allocated in accordance with the rule among one or more of the candidates whose names appear on the presidential primary election ballot and, if applicable, the uncommitted status.
There are a total of 228 delegates from Texas to the National Democratic Convention. 35 are superdelegates and 25 are pledged party and elected leaders. 228 minus 60 leaves 168 delegates who are not allocated among party and elected officials. 75 percent of 168 is 126, which is exactly the number of delegates currently elected at the senatorial district level based on the popular vote in the senatorial district.
The key phrase in the Election Code is “at least 75 percent.” The TDP could simply change its rules if it decided to raise the number of delegates that are allocated based on the results of the presidential primary election to 100 percent of the total number of delegates who are to represent Texas at the party’s national presidential nominating convention.
8. (a) At least 75% of the base number of Delegates, not including designated Party and Elected Official Delegates, shall be elected by Senatorial District Caucuses at the State Convention. The exact number (between 75% and 100%) to be so elected shall be determined by majority vote of the SDEC at its meeting in January of presidential years and shall be included in the official Call to the State Convention of that year.