Texas Attorney General election, 2018 (March 6 Republican primary)

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2022
2014
Texas Attorney General
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Democratic primary
Republican primary
General election
Election details
Filing deadline: December 11, 2017
Primary: March 6, 2018
Primary runoff: May 22, 2018 (if needed)
General: November 6, 2018

Pre-election incumbent(s):
Ken Paxton (Republican)
How to vote
Poll times: 7 a.m. to 7 p.m.
Voting in Texas
Ballotpedia analysis
Federal and state primary competitiveness
State executive elections in 2018
Impact of term limits in 2018
State government trifectas and triplexes
Ballotpedia's Election Analysis Hub, 2018
Texas
executive elections
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Lieutenant governor
Attorney general
Comptroller
Agriculture commissioner
Railroad commissioner
State board of education
Public lands commissioner

A Republican Party primary election took place on March 6, 2018, in Texas to determine which candidate would run as the party's nominee in the state's November 6, 2018, attorney general election.

For more information about attorney general elections in 2018, click here.

SETTING THE STAGE
  • Heading into the 2018 election, the sitting attorney general was Ken Paxton (R), who was first elected in 2014. Paxton announced on April 21, 2016, that he planned on running for re-election in 2018.
  • Texas was under a Republican trifecta. It had held this status since Republicans gained a majority in the Texas House of Representatives in 2003. Texas was also a Republican triplex.
  • Texas was won by the Republican candidate in each of the five presidential elections between 2000 and 2016. The widest margin of victory was George W. Bush's 23 percent margin in 2004 while the narrowest was Donald Trump's nine percent margin in 2016.
  • Candidates and election results[edit]

    Incumbent Ken Paxton advanced from the Republican primary for Attorney General of Texas on March 6, 2018.

    Republican primary for Attorney General of Texas

    Candidate

    Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Ken-Paxton.jpg

    Ken Paxton

    Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.

    Do you want a spreadsheet of this type of data? Contact our sales team.


    Context of the 2018 election[edit]

    Past elections[edit]

    2014[edit]

    See also: Texas attorney general election, 2014

    In the 2014 Republican primary election between Ken Paxton, Dan Branch, and Barry Smitherman, no candidate received an outright majority of votes. Paxton and Branch advanced to a runoff election, which Paxton won by a 30 percent margin.[1][2]

    Texas Attorney General Republican Primary, 2014
    Candidate Vote % Votes
    Green check mark transparent.pngKen Paxton 44.5% 569,034
    Green check mark transparent.pngDan Branch 33.4% 428,034
    Barry Smitherman 22.1% 282,701
    Total Votes 1,279,769
    Election results via Texas Secretary of State.
    Texas Attorney General Republican Runoff, 2014
    Candidate Vote % Votes
    Green check mark transparent.pngKen Paxton 65% 489,586
    Dan Branch 35% 263,194
    Total Votes 752,780
    Election results via Texas Secretary of State.


    Voter information[edit]

    How the primary works[edit]

    A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. Texas utilizes an open primary system. Voters do not have to register with a party in advance in order to participate in that party's primary. The voter must sign a pledge stating the following (the language below is taken directly from state statutes):[3][4]

    The following pledge shall be placed on the primary election ballot above the listing of candidates' names: 'I am a (insert appropriate political party) and understand that I am ineligible to vote or participate in another political party's primary election or convention during this voting year.'[5]

    For information about which offices are nominated via primary election, see this article.

    Poll times[edit]

    In Texas, all polling places are open from 7 a.m. to 7 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote. Texas is divided between Central and Mountain time zones.[6]


    Registration requirements[edit]

    To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old.[7]

    The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters.[8]

    Automatic registration[edit]

    Texas does not practice automatic voter registration.

    Online registration[edit]

    See also: Online voter registration

    Texas does not permit online voter registration.

    Same-day registration[edit]

    Texas does not allow same-day voter registration.

    Residency requirements[edit]

    Prospective voters must reside in the county in which they are registering to vote.

    Verification of citizenship[edit]

    See also: Laws permitting noncitizens to vote in the United States

    Texas does not require proof of citizenship for voter registration. Section 18.068 of the Texas Election Code says the following:

    The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Section 62.113, Government Code, to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary.[5]

    —Section 18.068, Texas Election Code[9]

    In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days.[10] The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April.[11][12] A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.”[13]

    Verifying your registration[edit]

    The Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.


    Voter ID requirements[edit]

    Texas requires voters to present photo identification while voting.[14]

    The following list of accepted ID was current as of November 2019. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information.

    • Texas driver’s license issued by the Texas Department of Public Safety (DPS)
    • Texas Election Identification Certificate issued by DPS
    • Texas Personal Identification Card issued by DPS
    • Texas handgun license issued by DPS
    • United States Military Identification Card containing the person’s photograph
    • United States Citizenship Certificate containing the person’s photograph
    • United States passport (book or card)

    Identification provided by voters aged 18-69 must be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired.[14]

    Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents:[14]

    • Copy or original of a government document that shows the voter’s name and an address, including the voter’s voter registration certificate
    • Copy of or original current utility bill
    • Copy of or original bank statement
    • Copy of or original government check
    • Copy of or original paycheck
    • Copy of or original of (a) a certified domestic (from a U.S. state or territory) birth certificate or (b) a document confirming birth admissible in a court of law which establishes the voter’s identity (which may include a foreign birth document)

    The following voters are exempt from showing photo ID:[14]

    • Voters with a disability
      • Voters with a disability "may apply with the county voter registrar for a permanent exemption to presenting an acceptable photo identification or following the Reasonable Impediment Declaration procedure in the county."
    • Voters who have a religious objection to being photographed

    Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.[14]

    Early voting[edit]

    Texas permits early voting. Learn more by visiting this website.

    Absentee voting[edit]

    Texas voters are eligible to vote absentee in an election if:

    • They cannot make it to the polls on Election Day because they will be away from the county on Election Day and during early voting;
    • They are sick or disabled;
    • They are 65 years of age or older; or
    • They are confined in jail.[15]

    To vote absentee, a request must be received by county election officials no later than close of regular business on the eleventh day before the election. The completed ballot must then be returned by the close of polls on Election Day.[16]


    State overview[edit]

    Partisan control[edit]

    This section details the partisan control of federal and state positions in Texas heading into the 2018 elections.

    Congressional delegation[edit]

    State executives[edit]

    State legislature[edit]

    • Republicans controlled both chambers of the Texas State Legislature. They had a 93-55 majority in the state House and a 21-10 majority in the state Senate.

    Trifecta status[edit]

    • Texas was a Republican trifecta, meaning that the Republican Party held the governorship, a majority in the state Senate, and a majority in the state House.

    2018 elections[edit]

    See also: Texas elections, 2018

    Texas held elections for the following positions in 2018:

    Demographics[edit]

    Demographic data for Texas
     TexasU.S.
    Total population:27,429,639316,515,021
    Land area (sq mi):261,2323,531,905
    Race and ethnicity**
    White:74.9%73.6%
    Black/African American:11.9%12.6%
    Asian:4.2%5.1%
    Native American:0.5%0.8%
    Pacific Islander:0.1%0.2%
    Two or more:2.5%3%
    Hispanic/Latino:38.4%17.1%
    Education
    High school graduation rate:81.9%86.7%
    College graduation rate:27.6%29.8%
    Income
    Median household income:$53,207$53,889
    Persons below poverty level:19.9%11.3%
    Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
    Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Texas.
    **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

    As of July 2016, Texas had a population of approximately 27,862,596 people, and its three largest cities were Houston (pop. est. 2.3 million), San Antonio (pop. est. 1.5 million), and Dallas (pop. est. 1.3 million).[17][18]

    State election history[edit]

    This section provides an overview of federal and state elections in Texas from 2000 to 2016.

    Historical elections[edit]

    Presidential elections, 2000-2016[edit]

    This chart shows the results of the presidential election in Texas every year from 2000 to 2016.

    Election results (President of the United States), Texas 2000-2016[19][20]
    Year First-place candidate First-place candidate votes (%) Second-place candidate Second-place candidate votes (%) Margin of victory (%)
    2016 Republican Party Donald Trump 52.23% Democratic Party Hillary Clinton 43.24% 8.99%
    2012 Republican Party Mitt Romney 57.17% Democratic Party Barack Obama 41.38% 15.79%
    2008 Republican Party John McCain 55.45% Democratic Party Barack Obama 43.68% 11.77%
    2004 Republican Party George W. Bush 61.09% Democratic Party John Kerry 38.22% 22.87%
    2000 Republican Party George W. Bush 59.30% Democratic Party Al Gore 37.98% 21.32%

    U.S. Senate elections, 2000-2016[edit]

    This chart shows the results of U.S. Senate races in Texas from 2000 to 2016. Every state has two Senate seats, and each seat goes up for election every six years. The terms of the seats are staggered so that roughly one-third of the seats are up every two years.

    Election results (U.S. Senator), Texas 2000-2016[21]
    Year First-place candidate First-place candidate votes (%) Second-place candidate Second-place candidate votes (%) Margin of victory (%)
    2014[22] Republican Party John Cornyn 61.56% Democratic Party David Alameel 34.36% 27.20%
    2012[23] Republican Party Ted Cruz 56.46% Democratic Party Paul Sadler 40.62% 15.84%
    2008[24] Republican Party John Cornyn 54.82% Democratic Party Richard Noriega 42.84% 11.98%
    2006[25] Republican Party Kay Bailey Hutchison 61.69% Democratic Party Barbara Ann Radnofsky 36.04% 25.65%
    2002[26] Republican Party John Cornyn 55.30% Democratic Party Ron Kirk 43.33% 11.97%
    2000[27] Republican Party Kay Bailey Hutchison 65.04% Democratic Party Gene Kelly 32.35% 32.69%

    Gubernatorial elections, 2000-2014[edit]

    This chart shows the results of the four gubernatorial elections held between 2000 and 2014. Gubernatorial elections are held every four years in Texas.

    Election results (Governor), Texas 2000-2016[28]
    Year First-place candidate First-place candidate votes (%) Second-place candidate Second-place candidate votes (%) Margin of victory (%)
    2014 Republican Party Greg Abbott 59.27% Democratic Party Wendy Davis 38.90% 20.37%
    2010 Republican Party Rick Perry 54.97% Democratic Party Bill White 42.30% 12.67%
    2006 Republican Party Rick Perry 39.03% Democratic Party Chris Bell 29.79% 9.24%
    2002 Republican Party Rick Perry 57.81% Democratic Party Tony Sanchez 39.96% 17.85%

    Congressional delegation, 2000-2016[edit]

    This chart shows the number of Democrats and Republicans who were elected to represent Texas in the U.S. House from 2000 to 2016. Elections for U.S. House seats are held every two years.

    Congressional delegation, Texas 2000-2016
    Year Republicans Republicans (%) Democrats Democrats (%) Balance of power
    2016 Republican Party 25 69.4% Democratic Party 11 30.6% R+14
    2014 Republican Party 25 69.4% Democratic Party 11 30.6% R+14
    2012 Republican Party 24 66.7% Democratic Party 12 33.3% R+12
    2010 Republican Party 23 71.9% Democratic Party 9 28.1% R+14
    2008 Republican Party 20 62.5% Democratic Party 12 37.5% R+8
    2006 Republican Party 19 59.4% Democratic Party 13 40.6% R+6
    2004 Republican Party 21 65.6% Democratic Party 11 34.4% R+10
    2002 Republican Party 15 46.9% Democratic Party 17 53.1% D+2
    2000 Republican Party 13 43.3% Democratic Party 17 56.7% D+4

    Trifectas, 1992-2017[edit]

    A state government trifecta occurs when one party controls both chambers of the state legislature and the governor's office.

    Texas Party Control: 1992-2022
    Three years of Democratic trifectas  •  Twenty years of Republican trifectas
    Scroll left and right on the table below to view more years.

    Year 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22
    Governor D D D R R R R R R R R R R R R R R R R R R R R R R R R R R R R
    Senate D D D D D R R R R R R R R R R R R R R R R R R R R R R R R R R
    House D D D D D D D D D D D R R R R R R R R R R R R R R R R R R R R


    Pivot Counties[edit]

    See also: Pivot Counties by state

    One of 254 Texas counties—0.4 percent—is a Pivot County. Pivot Counties are counties that voted for Barack Obama (D) in 2008 and 2012 and for Donald Trump (R) in 2016. Altogether, the nation had 206 Pivot Counties, with most being concentrated in upper midwestern and northeastern states.

    Counties won by Trump in 2016 and Obama in 2012 and 2008
    County Trump margin of victory in 2016 Obama margin of victory in 2012 Obama margin of victory in 2008
    Jefferson County, Texas 0.48% 1.61% 2.25%

    In the 2016 presidential election, Donald Trump (R) won Texas with 52.2 percent of the vote. Hillary Clinton (D) received 43.2 percent. In presidential elections between 1900 and 2016, Texas cast votes for the winning presidential candidate 66.7 percent of the time. In that same time frame, Texas supported Democratic candidates slightly more often than Republicans, 53.3 to 46.7 percent. The state, however, favored Republicans in every presidential election between 2000 and 2016.

    Presidential results by legislative district[edit]

    The following table details results of the 2012 and 2016 presidential elections by state House districts in Texas. Click [show] to expand the table. The "Obama," "Romney," "Clinton," and "Trump" columns describe the percent of the vote each presidential candidate received in the district. The "2012 Margin" and "2016 Margin" columns describe the margin of victory between the two presidential candidates in those years. The "Party Control" column notes which party held that seat heading into the 2018 general election. Data on the results of the 2012 and 2016 presidential elections broken down by state legislative districts was compiled by Daily Kos.[29][30]

    In 2012, Barack Obama (D) won 54 out of 150 state House districts in Texas with an average margin of victory of 37.4 points. In 2016, Hillary Clinton (D) won 65 out of 150 state House districts in Texas with an average margin of victory of 36.4 points. Clinton won 10 districts controlled by Republicans heading into the 2018 elections.
    In 2012, Mitt Romney (R) won 96 out of 150 state House districts in Texas with an average margin of victory of 36.2 points. In 2016, Donald Trump (R) won 85 out of 150 state House districts in Texas with an average margin of victory of 34.5 points.

    See also[edit]

    Texas government:

    Elections:

    Ballotpedia exclusives:

    External links[edit]

    Footnotes[edit]

    1. Secretary of State of Texas, "2014 Republican Party Primary Election," accessed September 25, 2017
    2. Secretary of State of Texas, "2014 Republican Party Primary Runoff," accessed September 25, 2017
    3. Fair Vote, "Congressional and Presidential Primaries: Open, Closed, Semi-Closed, and 'Top Two,'" accessed January 2, 2014
    4. Texas Statutes, "Section 172.086," accessed February 5, 2018
    5. 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    6. VoteTexas.gov, "Who, What, Where, When, How," accessed October 17, 2019
    7. Texas Secretary of State, “Request for Voter Registration Applications,” accessed October 6, 2019
    8. Texas Secretary of State, “Texas Voting,” accessed October 6, 2019
    9. Texas Constitution and Statutes, “Election Code,” accessed October 6, 2019
    10. The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
    11. The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
    12. The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
    13. Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” accessed October 6, 2019
    14. 14.0 14.1 14.2 14.3 14.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed October 28, 2019
    15. VoteTexas.gov, "FAQ," accessed December 16, 2013
    16. VoteTexas.gov, "Early Voting," accessed December 16, 2013
    17. United States Census Bureau, "QuickFacts Texas," accessed December 12, 2017
    18. United States Census Bureau, "QuickFacts Houston; San Antonio; Dallas," accessed December 13, 2017
    19. Federal Election Commission, "2012 Election Results for the U.S. President, the U.S. Senate and the U.S. House of Representatives," accessed December 13, 2017
    20. Federal Election Commission, "Official 2016 Presidential General Election Results," January 30, 2017
    21. Federal Election Commission, "Federal Elections 2014: Election Results for the U.S. Senate and the U.S. House of Representatives," accessed December 13, 2017
    22. Federal Election Commission, "2014 Official Election Results for United States Senate," accessed December 13, 2017
    23. Federal Election Commission, "2012 Official Election Results for United States Senate," accessed December 13, 2017
    24. Federal Election Commission, "2008 Official Election Results for United States Senate," accessed December 13, 2017
    25. Federal Election Commission, "2006 Official Election Results for United States Senate," accessed December 13, 2017
    26. Federal Election Commission, "2002 Official Election Results for United States Senate," accessed December 13, 2017
    27. Federal Election Commission, "2000 Official Election Results for United States Senate," accessed December 13, 2017
    28. Dave Leip's Atlas of U.S. Presidential Elections, "Texas Election Results," accessed December 13, 2017
    29. Daily Kos, "Daily Kos Elections' statewide election results by congressional and legislative districts," July 9, 2013
    30. Daily Kos, "Daily Kos Elections' 2016 presidential results for congressional and legislative districts," February 6, 2017

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