Texas has a unique law which requires parties that intend to qualify by petition to notify the state that they intend to do that. The intention form is due January 2, 2012. Here is a link to the form.

The requirement discriminates against parties that are formed in the spring of election years, because by then it is too late to complete the form. If Texas had had a law like this in 1912, Theodore Roosevelt could not have put his new Progressive Party on the ballot, because even the idea for the party did not occur to Roosevelt until after Roosevelt failed to get the Republican presidential nomination in June 1912. Similarly, Strom Thurmond and his States Rights Party did get on the ballot in Texas in 1948, because Texas did not have this law back then. Thurmond’s party was not created until July 1948.

The law was passed in 1993 and has never been challenged in court. There is no election administration-related need for the form, because a party can’t begin to petition until after the primary anyway. in 2012 a party can’t begin to petition until April. If a new party were formed in the spring of 2012 that had not existed as of January 2, 2012, it would seem to be in a position to challenge the law, especially as applied to a presidential election.

The last time that a new party was formed in the United States in the election year itself, and which proved to have a fairly strong ability to get on ballots, was the Natural Law Party. It was formed in April 1992. Of course, the Texas law didn’t exist that year. Since the formation of the Natural Law Party in 1992, all the new parties formed in the U.S., and which had any heft, have been formed in the odd years before the election.