Texas held its 2010 primary on March 2, and the Democratic Party did not have any candidates for Judge in the 432nd district in Fort Worth. The Republican primary nominated Tom Zachry for that post. However, Zachry died on March 19, 2010.
Texas election laws let the Republican Party replace Zachry with a new nominee, but the law does not let any other qualified party make a late nomination in circumstances like that. On August 17, the Texas Democratic Party filed a lawsuit with the Texas Supreme Court, asking the Court to construe Texas election law to let it make a nomination as well. In re Candace Taylor, 10-0635.
In 1916, the Texas Supreme Court ruled against the Democratic Party is a case somewhat like this one. That case was Gilmore v Waples, 188 S.W. 1037.
It is inevitable that some primary winners will die after the primary, but before the general election. However, this problem is made worse when states have primaries that are as early as March, a full eight months before the general election. The problem is even worse in Texas, which requires all candidates (except presidential candidates) to file a declaration of candidacy in early January of any election year.
God bless Texas, but not its election laws. It is so painful for a ballot access proponent like myself living in this state. We’ve got our work cut out down here for improvement.
Separate is NOT equal — even for Donkeys.
Brown v. Bd of Ed 1954
The quick brown fox jumped over the lazy dog.
Green Bay v. Kansas City SB 1 1967
Texas law permits political parties to replace deceased or ineligible nominees.
Under most circumstances, a nominee who voluntarily withdraws may not be replaced. There are exceptions for cases where the withdrawal is due to diagnosis of a catastrophic illness, or where the nominee has been appointed or elected to another elective office, or became the nominee for another elective office.
And there is an exception if the withdrawing candidate was the only (remaining) candidate nominated in a primary. Under this exception all parties may make a nomination. This is the only case where a candidate who voluntarily withdraws without cause may be replaced. But as written, it could apply to cases where the withdrawal is with cause (eg catastrophic illness or nomination to another office)
Apparently, the Democrats seek to have Zachry’s death construed as a voluntary withdrawal due to catastrophic illness; or alternatively that any vacancy in nomination (including those due to death or ineligibility) that remove all nominees selected at a primary, to permit wholesale replacement by all parties.