On September 29, U.S. District Court Judge Robert Pitman, an Obama appointee, upheld all the Texas ballot access laws that affect independent candidates and minor parties, except that he ruled that it is unconstitutional for the state to ban electronic signatures. Miller v Hughs, w.d., 1:19cv-700. The opinion is rather short, considering all the laws that were challenged, and appears to have made significant factual errors and also to have overlooked a great deal of the evidence.
Here is the 28-page Opinion.
Striking down the pen-and-paper requirement is significant all by itself. Of all the changes to petitioning requirements that would help open up ballots, this is at the top of the list. I believe it is the first time a court has invalidated in-person requirements outside the Covid-19 context.
Mark, speaking from Tex-ass, no, it’s not that significant. And, upholding everything else is part of a longstanding hostility toward third-party voting by the US federal judiciary.
To add to my first comment, I first blogged about this suit when it was filed, and had extensive conversation at this site with Jim Riley, who probably will also weigh in soon enough. Let us remember that the suit was also about things like Drew Springer’s HB 2504 and filing fees for non-duopoly candidates. The e-signatures issue? Pitman IMO hardly could have avoided ruling this way on it, given Texas law and duopoly parties, without due process type issues. https://socraticgadfly.blogspot.com/2019/07/third-parties-sue-texas-over-hb-2504.html
The garbage comments on September 29, 2022 at 3:41 pm and 3:58 pm are from Robert K Stock.
And, my quick take on Pitman’s ruling https://socraticgadfly.blogspot.com/2022/09/judge-pitman-just-fucked-over-third.html
The garbage comment on September 29, 2022 at 4:14 pm is from Robert K Stock.
@The truth…. How are they garbage comments? And why does it matter if it is or isn’t? Why are you wasting your time? Do you really have no live to speak of, to bother with this? Kind of pathetic on your part.
Aiden is a fucking loser
Even with Thomas Jones and James Ogle gone, retards like Aiden and Robert K Stock still troll the board with stupid comments.
Where did they go? Did they die?
“On September 29, U.S. District Court Judge Robert Pitman, an Obama appointee, upheld all the Texas ballot access laws that affect independent candidates and minor parties, except that he ruled that it is unconstitutional for the state to ban electronic signatures.”
If the state doesn’t appeal this, is it a precedent that can be used in other states?
Either dead or in the insane asylum.
What a bozo opinion.
Democratic and Republicans file with party chairs. These filings are on paper, including any petitions. Before 2013, the state party chair would transmit the list of candidates for statewide and multicounty district offices to the county party chairs so that they could prepare the primary ballot. Since 2013, the state party chair posts information on the SOS website about the candidates that have filed. These are not filings with the SOS per se, but simply the SOS maintains the infrastructure for communication between the party chairs.
The Libertarian Party state chair transmits to the appropriate county chairs the candidates who have filed. State law permits each party to establish rules for transmission. LPTX rules set a deadline for the notification, but do not express the manner of notification. Presumably it may be by e-mail or fax.
The electronic signature abomination is unfortunate and hopefully to be overruled, but I’m glad the other rules were upheld.
The LPTX state chair is corrupt and a secret commie.
Were any new bad laws upheld? I recall hearing they came up with a filing fee or petition requirement for minor party candidates.
Abolish all ballot access laws with restoring control of the ballot to the voter with an all write-in open general election ballot with an encrypted receipt enabling the voter to verify their own ballot was not lost or altered in compiling the final tally. Search David Chaum ballot receipt for details on a voter verifiable ballot. The state ballot monopoly need on print a ballot with blank lines for each office on the ballot – no prior censorship of voter choices with petition quotas or filing fees or arbitrary deadlines.
Strike at the root of the fascist police state.
Agreed with Don.