In a comment to this post, Matthew Shugart wondered if Ron Paul could simultaneously run for re-election to his House seat and also launch a third party bid for the presidency.

Well, to allow Lyndon Baines Johnson the chance to run for re-election to his Senate seat and to pursue the Vice Presidency, the State Legislature of Texas inserted a provision in the election code that allowed for persons in Texas to run for President or Vice President as well as for some other office. Based on the below the provision was renewed in 1985.

We can find this in Title 9 “Candidates” of that Code:

§ 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. (a) A candidate may not file applications for a place on the ballot for two or more offices that: (1) are not permitted by law to be held by the same person; and (2) are to be voted on at one or more elections held on the same day. (b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid. (c) This section does not apply to candidacy for the office of president or vice-president of the United States and another office. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.

As such, Paul could run for both, if he so desired. Now, the question is: if he went third party for President, would he do so for House as well? For that matter, would he have to? My guess is that there is no law precluding it, but that the Texas GOP would object. While I suspect he is a shoe-in for re-election to his seat as a Republican, my guess is that he would have a much harder time regaining it as a third party candidate facing a Democrat and a Republican.

At a minimum, Paul is making no promises in terms of supporting the GOP nominee as John Fund notes in Paul for the Long Haul:

A hint of his dissatisfaction came last night during the CNBC debate when Chris Matthews asked him if he would promise “to support the nominee of the Republican Party next year.” Mr. Paul’s answer was a flat no. “Not unless they’re willing to end the war and bring our troops home. And not unless they are willing to look at the excess in spending. No, I’m not going to support them if they continue down the path that has taken our party down the tubes.”

Fund even considered the above-noted party-split scenario:

Mr. Paul could, of course, retire from the House if he ran for president. But Texas law also allows him to both run for president and seek re-election to the House, thanks to a statute rammed through by Lyndon Johnson. The GOP primary in which Mr. Paul is being challenged for his seat is held in early March, well before he would have to publicly announce any third-party intentions. Nothing prevents him from running as, say, a Libertarian for president and a Republican for the House at the same time.

If anything, it would all be rather interesting.