Texas Court Sets Oral Argument in Case Over Whether Convention-Party Candidates Must Pay Filing Fees

The Texas State Court of Appeals will hear oral argument on June 23 in Dikeman v Hughs, 14-19-00969-CV.  This is the case in which the Libertarian Party challenges the 2019 law that says candidates seeking the nomination of a party that nominates by convention must pay a filing fee early in the year, before they even know if the convention will nominate them or not.  Thanks to Jim Riley for this news.


Comments

Texas Court Sets Oral Argument in Case Over Whether Convention-Party Candidates Must Pay Filing Fees — 8 Comments

  1. There are two cases.

    https://www.txcourts.gov/ select courts and then 14th Court of Appeals. Select Case Search. Make sure 14th Court of Appeals is selected and enter the Style: Hughs (no ‘E’) v. Dikeman.

    14-19-00969-CV is the state’s appeal of the TRO against imposing the filing fee on applicants for consideration for nomination. Before the appeals court stayed the TRO, most Libertarian applicants had filed.

    14-20-00078-CV is the state’s appeal of whether the district court could even consider the case, given state immunity from some lawsuits. There are exceptions. The state can not act in a unconstitutional manner. The law and its implementation is collection of equal protection and due process violations. The SOS can not exercise authority outside the law. The law imposed a filing fee on a specific class of individuals. The SOS is attempting to impose the fee on additional persons.

    If the plaintiffs win their case before the Court of Appeals, the case would return to the district court for trial on the merits. At that time (July or later) I assume a court would grant a temporary injunction placing candidates on general election ballot.

  2. The state could levy a filing fee to run office at birth and then the person would be able to run any time years later. If they never run for any office before they die, the state keeps the money anyway. What could be fairer?

  3. I appreciate D. Frank Robinson’s argument that ballots should revert to ownership of the voters. I also like the idea of ending state-run (taxpayer-funded) Primary Elections, since they are essentially market research that the two major parties need in order to find their most electable candidates. All political parties should nominate by convention and pay for that expense themselves, rather than charging taxpayers for their market research.

    If we could get states’ government’s to change that much of their election laws, maybe we’d be a step or two closer to realizing Robinson’s vision of returning ballot ownership to the voters.

  4. The law does not say that that candidates seeking nomination pay a filing fee.

    TEC 141.041 says “a candidate who is nominated by convention … must: (1) pay a filing fee …; or submit … a petition …” “… to be placed on the ballot for the general election ballot …”

    Q. Who must pay the fee?

    A. A candidate who is nominated by conention.

  5. The law does not say that that candidates seeking nomination pay a filing fee.

    TEC 141.041 says “a candidate who is nominated by convention … must: (1) pay a filing fee …; or submit … a petition …” “… to be placed on the ballot for the general election ballot …”

    Q. Who must pay the fee?

    A. A candidate who is nominated by convention.

  6. State = fictions — stone age occult stuff.

    area
    property owner
    contractor
    employer

    Of course the REAL State are the State officers/employees — with their various unconst/illegal acts/omissions.
    ——-
    1933-1945 German Third Reich still lurking somewhere on, over, under Mother Earth ???

    WW II – Allies arrested top Germans claiming to be top GTR persons circa May 25, 1945 = END of regime —

    Allied Military Govt in Germany until 1949 olde West/East Germany new regimes – united after end of east Europe commie regimes in 1989-1991.

  7. Thanks, Richard. The law firm sent the initial case filing to my media email, but has been lax on updating me.

    And Jim, how many of the Libertarians either paid the fees or did the signatures?

    The three statewide Greens all refused both.

  8. Richard, I got that wrong. I was thinking of the federal case, where the plaintiffs’ firm has been kind of lax on updates after the initial announcement.

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