On July 11, several minor parties filed a lawsuit against the Texas ballot access laws that pertain to minor parties and independent candidates. Miller v Doe, s.d., 1:19cv-700. The case concerns the new hurdles imposed on minor parties by the 2019 session of the legislature (filing fees for parties that nominate by convention), but also on the old hurdles that have existed for decades in Texas. UPDATE: here is a news story about the lawsuit, based on a press release issued by the plaintiffs.
The parties that are challenging the filing fee are the Libertarian and Green Parties. The parties that are challenging the ballot access petition are the Constitution Party and America’s Party of Texas. The case is assigned to U.S. District Court Judge Robert Pitman, an Obama appointee.
Full press release on my blog: https://socraticgadfly.blogspot.com/2019/07/third-parties-sue-texas-over-hb-2504.html
Same olde LOSING arguments or new WINNING arguments (after 51 years 1968-2019) ???
The case should be “w.d.” rather than “s.d.” Typically, election plaintiffs go forum shopping among the four district courts, but perhaps Austin is the correct venue so long as the capital is located there.
Previous seminal cases from Texas, Bullock v Carter, and American Party of Texas v White were named after SOS who went on to serve in higher offices, Mark White as governor, Bob Bullock as Lieutenant Governor. Carter had been dismissed from his case, and American Party of Texas never amounted to much.
Perhaps the plaintiffs should demand that the governor appoint an SOS, and make America’s Party the name plaintiff.
Any Texas Independence Party — back to 1836-1845 ???