On August 22, the Libertarian, Green, Constitution, and America’s Party filed this brief in the Texas ballot access case, Miller v Doe, w.d., 1:19cv-700. The brief is in response to the state’s earlier brief, asking that this case be dismissed without further proceedings. The lawsuit challenges virtually every Texas ballot access requirement that applies to newly-qualifying parties, to parties that are already on the ballot but which nominate by convention, and to independent candidates.
It doesn’t seek any immediate action on TEC 141.041 which the SOS is misinterpreting and has major due process concerns because the SOS has not promulgated regulations.
The rest of the case can continue, since the simplest remedy would be to conduct 2020 elections as special elections.
The electronic petitioning claims are specious. If there is an equal protection violation, the remedy is to require party chairs of convention-nominating parties to post applicants for nomination on the SOS website.
1. INDIVIDUAL PERSONS ARE NOMINATED/ELECTED.
2. SEPARATE IS NOT EQUAL –
BROWN V BD OF ED 1954
3. EACH ELECTION IS N-E-W.
TOO MANY M-O-R-O-N LAWYERS AND WORSE *JUDGES* TO COUNT IN ALL ELECTION LAW CASES SINCE 1968 —
JUST HAIR SPLITTING IDIOTS – DATES, PETITION PCTS, ETC.