Section 192.031 of the Texas election code says that political parties must certify their presidential and vice-presidential candidates for the November ballot no later than 70 days before the general election. It says, “A political party is entitled to have the names of its nominees for president and vice-president placed on the ballot if before 5 p.m. of the 70th day before presidential election day

Texas Secretary of State spokesperson Ashley Burton said that upon further checking, "Both parties filed before the deadline. We expect their amended filings after both parties finish their nominating process at the conventions." Texas law, changed in 2005, requires that the parties submit their candidates names 70 days before the election. Problem is, neither party has gotten through their nominating process. The Texas Republican Party listed John McCain and "running mate" as their candidates, with an amended certification after the GOP convention in St. Paul. Obama and Biden will be certified after the Democratic Convention.