Texas Democratic Party Sues to Prevent Republicans From Nominating a New Candidate for Congress

The Texas Democratic Party recently filed a lawsuit in Texas state court to prevent the Republican Party from nominating a new candidate for US House, 22nd district. Texas Democratic Party v Benkiser, Austin district court, 06-2089. On June 8, the court ordered the Republican Party not to choose a new nominee until after a further court hearing, to be held June 22.

Texas law does not permit candidates to withdraw unless they are ineligible. Tom DeLay was renominated in the March 2006 primary, but afterwards he withdrew, claiming he is not eligible to run for re-election since he says he is not a resident of Texas. The basis for the Democratic lawsuit is that DeLay is still a resident of Texas. If he is eligible, he cannot withdraw, and if he cannot withdraw, Republicans can’t replace him with a new nominee.


Comments

Texas Democratic Party Sues to Prevent Republicans From Nominating a New Candidate for Congress — 4 Comments

  1. Are there any other candidates (besides the Democrat) in this race? Depending on how the suit is settled this could prove very interesting!

  2. Funny how this principle didn’t apply back in NJ in 2002 when Bob Torricelli withdrew after the deadline to do so.

    The Republicans and the SOS should cite the SCONJ ruling in the matter regarding the “compelling interest” of having competitive elections. I felt then that the ruling was a crock, but it would be great to see the Dems find out that what goes around comes around.

    Howard Hirsch
    Dayton, Nevada

  3. Yes, there is a former Republican Congressman who was beaten after only one term in the 90’s running as an Independent.

  4. MORE TAXES, MORE TEXAS…….

    Kinky Friedman Unveils Political Reform Agenda

    Ballot Access, Campaign Finance Measures Would Open the Gates to Honest Competition

    AUSTIN, Texas — June 5, 2006 — Calling his independent bid for governor an opportunity for Texans to get the politicians out of politics, gubernatorial candidate Kinky Friedman today unveiled several key political reforms he plans to enact as governor of Texas.

    “It’s time to bring Texas back to its independent roots,” Friedman said. “This will only happen when we see more candidates appealing to a wider range of voters. Only then will there be more emphasis on bipartisan cooperation and decisions made based on the public – not the party’s – interest.”

    The reforms, which address fair ballot access, candidate debates, campaign finance reform, lobbying reform and redistricting reform, will level the playing field for any Texan seeking public office, Friedman said.

    They include the following measures:

    Fair Ballot Access: Texas is one of the two most difficult states for a statewide independent candidate or new party to get on the ballot. Petition requirements are outdated and impractical. A Friedman administration would abolish the time (and paper) consuming process of petitioning and replace it with a system which would place independent candidates on the primary ballots of each major party, allowing voters to participate in the party nomination process while also supporting an independent candidate’s attempt to be placed on the general election ballot. This would increase voter turnout and encourage participation in the democratic process.

    Fair & Open Debates: Under a Friedman administration, a non-partisan entity would be established to develop fair and clear criteria for inclusion of all qualified candidates into debates.

    Initiative and Referendum: Texas does not currently allow citizens the right to petition and place initiatives and referenda on the statewide ballot. Women’s suffrage, labor rights, social security and many more reforms were won through the citizens’ initiative process in our country. Real political reforms occur when citizens are able to place their own initiatives on the ballot.

    Same Day Voter Registration: Same Day Voter Registration will permit citizens to register and vote on Election Day. States with SDVR enjoy 5%to 25% higher voter turnout rates. SDVR has proven to increase youth participation. It can be a boost to independent candidates who tend to attract younger and newer voters. It will also encourage many voters who do not become interested in campaigns until just weeks before an election, after registration rolls are closed.

    Publicly funded campaigns: Special interest money is the lifeblood of most candidates. When those candidates are elected, they use political appointments and legislation that favors those special interests as pay back. Privately financed campaigns have disenfranchised too many Texans for too long, and incumbents spend more time fundraising for re-election than they do working for the citizens who elected them. Publicly financed campaigns, funded through surcharges and registration fees on lobbyists, would eliminate the influence of special interests and would level the playing field for all political candidates. Increased registration fees for lobbyists and 10% surcharges on lobbying expenditures and other independent expenditures would provide more than $30 million in funding for Texas legislative and statewide races. Texas should also join the six other states – Arizona, Maine, Massachusetts, New Mexico, North Carolina, and Vermont – that have adopted Clean Money Campaign Reform laws. The system offers full public financing for candidates who agree to spending limits and reject private contributions.

    Lobbying reform: Stop the revolving door between state service and lobbying. Place a ban on any Texas elected official or Texas state employee from becoming a lobbyist in Texas for two years from the time they leave or retire from their state position.

    Redistricting reform: The practice of allowing elected officials to draw their own election districts must stop. This type of political extremism lets the party in power take unfair advantage and results in less competition in our elections. We propose using the Iowa model of a non-partisan redistricting commission.

    In light of the myriad political scandals that have dominated the headlines for the past year, it has become increasingly clear that Texas must end its anything-goes system and restore honesty and integrity to Texas politics.

    “Politics is the only field where the more experience you have, the worse you get,” Friedman said. “It’s time to clean house. How much worse does it have to get?”

    Posted by Scott on June 5, 2006 02:09 PM | Permalink
    Comments

    I couldn’t agree more – especially the 2 year delay/lobbying reform. These people make even more money after “public service” representing major contributors.

    GO KINKY!!

    Posted by: mad1mal [TypeKey Profile Page] | June 6, 2006 08:34 AM

    kinky is going to win this election in the debates…everything else is really secondary to the importance of making sure the kinkster is in them…the professional pols will be kicking and screaming, but they have to let him in…they know that he’ll win the election when the voters see him in their television rooms with the other lousy candidates…kinky wins this election in the fall when he shines in head to head debates with the three headed professional pols…great reform ideas, btw…

    Posted by: country doctor [TypeKey Profile Page] | June 6, 2006 10:56 AM

    Kinky-
    Stop worrying about how hard it is to get an independent candidate on the ballots lets talk about the things that matter like what do we do about taxes and healthcare, talk more about lobbying and redistricting reform. Those are the things that matter you already have all the signatures you need to get on the ballot now work on winning over everyone else.

    Posted by: dustinled1985 [TypeKey Profile Page] | June 6, 2006 04:40 PM

    I have to agree with dustin there, Kinky. I am fully in support of your independent campaign, but if we are going to make it happen, we are going to need some solid issue statements AND some way of knowing what you plan to do about them.

    We can’t blog you into office.

    Drink Kinky 2006!

    Scott Johnson

    Posted by: sark3k [TypeKey Profile Page] | June 7, 2006 04:02 PM

    Hey folks, Kinky is just beginning… we still have until November. Yes, I sure would like to see some Kinky Commercials, and some televised debates, wait until the Sec. Of State actually announces the signature results, then he can get a lot more blunt. Besides, his election reform ideas sound good to me

    Posted by: megastory [TypeKey Profile Page] | June 8, 2006 08:55 AM

    I must say, The ‘Kinksters’ ideas are about ‘Common Sense’, somthing the 2 main ‘parties’ have little, or nothing to do with. The people of
    Texas have an opportunity to throw off the shackles of “Governmnent as usual”, and elect a non-politician, as Governor. GO RICHARD GO!

    Posted by: Nuney [TypeKey Profile Page] | June 8, 2006 11:06 AM

    Did Y’all hear that Keethorn want her name to appear with “Grandma” on the ballot?

    Cheap Trick

    Hey Carol, if you have people monitoring this site, why don’t you run under the nickname “Ex-Wife”? There are just as many people that refer to you a “my expletive ‘Ex-Wife'” as my “expletive ‘Grandma'”.

    Posted by: Joel Scheele [TypeKey Profile Page] | June 8, 2006 09:58 PM

    Is “Grandma” running scared? First the near empty petition boxes, now this. I love the Kinkster’s ideas on political reform, long over due. The two ‘controlling’ parties have lost sight of the American voter – apathy is rampent because the parties candidates are willing to say anything to get elected, then it’s business as usual with the lobbists. Sad state of affairs when ‘American Idol’ gets more votes cast than in the Presidential election. If the television/cable media can influence that many, maybe our election process should follow the lines of “The Apprentice” – let them perform before they get ‘hired’. Go Kinky

    Posted by: rvh2467 [TypeKey Profile Page] | June 9, 2006 05:43 AM

    I also agree about hearing more of kinky’s platform. campaign reform sounds great, but i want to know how he stands on the other myriad of issues we are facing. i also want to know how he plans to interface with the city of austin. i gathered hundreds of signatures for kinky, but i’m going to hold back on any contributions or volunteering until i know how he stands on all the other issues. let’s do this soon, kinky. i’d really, really like to see you clean up the dirty politics that’s been running this state for so long.

    Posted by: elleanee [TypeKey Profile Page] | June 9, 2006 09:53 AM

    Okay so shame on me for not paying attention, but I missed Kinky in Dallas this week. Anyone know when he’ll be back this way. I am a 27 year old single mom and never, ever have I been inspired to be politically active. Nope, I’ve never voted! Just didn’t feel like I had good choices before, but NOW……….must meet and shake the hand of the man who has me actually believing that I can help change the state of our government. Any info would be great!! Go Mavs, but much more importantly, GO KINKY!!!!!

    Posted by: sunshinejoindfw [TypeKey Profile Page] | June 10, 2006 01:06 AM

    Dammit Kinky — can’t help but agree with the guys who wrote that your campaign should focus more on what matters to voters rather than ballot reform. Address that issue when you’re in the Mansion. . .it’ll make you even more the hero!

    Me loves ya. My checkbook proves it.

    Your recent personal message reads “the campaign is up to us”. True, darlin’. . .but the campaign is moreso up to YOU.

    Cartwright from Cowtown

    Posted by: dk11 [TypeKey Profile Page] | June 10, 2006 11:33 PM

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