In 2010, the Texas Democratic Party sued the Texas Green Party, charging that the party’s petition to get on the ballot had been financed improperly. A lower state court then removed the Green Party from the ballot, but the Texas Supreme Court countermanded that order, and the party appeared on the 2010 ballot. It polled enough votes to qualify for the 2012 ballot.
During 2011, the Democratic Party had pursued its lawsuit, seeking money damages. The other side had then filed a federal lawsuit, arguing that the state campaign finance laws the Democrats were depending on, if construed the way the Democratic Party argued, violates the U.S. Constitution. But on December 16, documents were filed in both state and federal court dismissing both lawsuits. Neither court ever got as far as settling any of the issues.
Craftiness by the Republicans funding the GP , but I am surprised the Democrats were not able to legally extract revenge.
#1, why are you surprised? The Democratic Party claim was weak. Texas law already permitted corporations to donate to political parties for their “normal operating expenses”, and for a minor party, petitioning certainly is a “normal operating expense.”
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#2 In particular, corporations are specifically permitted to contribute to “administer a primary election or convention held by the party.” Elections Code 257.002 Administration of a precinct convention would include maintaining the roster of convention attendees. It is this roster that is used to determine whether a party qualifies. A supplementary petition is used for those persons who didn’t attend a convention (and didn’t vote in a primary or attend a convention of another party). In effect, it is a roster of voters who have affiliated with the party.
Keeping track of voters who have affiliated with a party is a very normal administrative cost for a party, particularly when it is necessary for the party to qualify. It is not only normal, it is quintessential.