Monday, September 7, 2020

Texas Supreme Court Unanimously Votes to Keep Libertarian Candidates for Congress and State Office on the Ballot Even if they Didn’t Pay Filing Fee

Ballot Access News

On Saturday, September 5, the Texas Supreme Court issued a unanimous opinion in In re Texas House Republican Caucus PAC, 20-0663. The Court has nine members, but two of them are running for re-election (with Libertarian Party opponents) so they recused themselves. The seven justices who participated ruled that the Republican Party effort to keep Libertarian candidates off the ballot for congress and state office was filed too late.

Texas elects its state judges in partisan elections, and all members of the State Supreme Court are Republicans.

The decision’s footnote one suggests that if might be possible for the Green Party candidates for Congress and state office (who have already been removed by a lower state court), to request relief from the Texas Supreme Court.

The decision does not say anything about whether the 2019 law that imposed filing fees on convention parties is or is not constitutional. That issue is pending in a different Texas state court, as well as in U.S. District Court. Thanks to Jared LeBlanc for this news.

No comments: