Electronic Signatures Now Can Be Used in Texas Petition Drives

On June 26, 2023, Robert Pitman, a US District Court Judge in the Western District of Texas, mostly granted relief requested by Plaintiffs and enjoined enforcement of Texas’s ballot access requirements insofar as they require use of paper nomination petitions. Electronic signatures may now be used in the Texas petitioning process.

Judge Pitman’s Orders:

Order_Injunctive Relief Granted_06-27-2023

Order_Injunctive Relief Granted_06-26-2023


Comments

Electronic Signatures Now Can Be Used in Texas Petition Drives — 32 Comments

  1. Wow, so in this court case, the parties that filed as plaintiffs of this case were America’s Party, the Constitution Party, The Green Party, and the Libertarian Party. It looks like the case against electronic signatures was not very strong at all in this case.

    Considering what I’ve read in this case, it seems that the system Texas had beforehand involving signatures was not fine at all. Otherwise, this lawsuit would not have happened.

  2. I’m honestly not sure. But I’m kinda hoping it is because my state has pretty terrible ballot access laws. Despite improvements, they are still restrictive compared to other states.

  3. Question. Is it not likely the Secty of State will appeal this to the 5th Circuit and get a stay on electronic signatures in Texas?

  4. Look for Democrats to increase their fraud and ballot stuffing efforts with this ruling.

  5. IMO, fraud, in the context of getting people on the ballot, is far less serious than fraud in the actual voting. What’s the worst that happens if someone uses fraud to get on the ballot? The voters actually get more choices.

  6. Stupid and unnecessary argument over something that should not exist at all.

  7. How are the P1 and P2 gang purges going in Russia —

    esp at 4 AM local times ???

    Putin NOT prez for life YET ???

  8. He was elected freely, and the only gang purges are in your addled brain. Meanwhile, Ukraine cancels election.

  9. Not sure what latest AZ vomit means, but Ukrainian Nazis prefer military orders to elections.

  10. how many internal/external political killings in Ukraine ???

    1914-1917 WW I
    1917-1921 Russia civil WAR
    1932-1934 Stalin purge of kulaks – mass forced starvation
    1936-1939 Stalin purge of olde bolsheviks / military
    1941-1945 WW II

    bit amazing that ANY body is alive in Ukraine now ???

  11. Regardless, this case has shown me some hope in fighting against the establishment. Long live the third party and independent revolution.

  12. @LC,

    The SOS might not have understood the claim. The plaintiffs were arguing that it was hard to gather eighty thousand signatures in Texas, particularly because of the use of paper petitions.

    The court said that the SCOTUS has ruled that any state law was okay so long as the state claimed with the flimsiest of excuse or rationalization that it had something to do with ballot crowding, voter confusion or eliminating frivolous candidates.

    As you know the SOS website has a list of primary candidates. This list is not maintained by the SOS other than providing disk storage and internet access. The data is entered by the state and county party chairs who have been given a password or other key.

    The five Republican candidates for HD-17 filed with the RPT party chair. The state chair would be responsible for sending these names to the county party chairs in the five counties of the district, who would in turn be responsible for preparing the ballots. In practice they likely turn the names over to the county election administrator or clerk. Conducting an election is beyond the capability of a party chair. In days gone by, they would have had a newspaper print ballots. Voters would show their poll tax receipt Ballots would be marked and deposited in a wooden box. At the end of election day the ballots would be hand counted. The totals from each precinct and county would be canvassed. The SOS would be informed who had been nominated.

    Until 10 years or so ago, the state party chair would inform the county party chairs who the candidates were in writing. But now the state party chair would post the names of the candidates on the SOS website, and tell the county party chairs to go check the website.

    It is this process which Judge Pitman is contrasting to paper petitioning. Republican and Democratic candidates file paper applications and their petitions are on paper. IMO, his decision is nonsensical.

    The SOS will argue that witnessing and recitation of the mantra and notarization of the circulators statement are necessary parts of the process – which might be required by electronic petitioning,

  13. Texas does not have ballot initiatives or referendums at the statewide level via a petition, but they do have a petition process at the city or county level to place initiatives and referendums on the ballot. Does this only apply to candidate petitions, or does this also apply to city and county ballot initiative and referendum petitions?

  14. @Andy,

    Literally it only applies to candidates in partisan elections.

    Initiatives are only permitted in home rule cities whose charters permit them. No counties.

    If No Labels tries to qualify without a petition of any kind it will end up in litigation.

    If No Labels tries to present something that is like a petition, it will end up in litigation if the signatures are not witnessed by a circulator or the mantra is not spoken.

  15. AZ, evidence of e-sigs in Russia? What do shakeouts of Russian generals have to do with e-sigs? Are you that desperate to shoehorn Russia into unrelated conversation?

  16. USA HACKING RUSSIA E-SIGS ???

    RUSSIA HACKING USA E-SIGS ???

    THUS E-SIGS- RIGGED LIKE GERRYMANDER DISTRICTS ???

  17. What Russia E-Sigs are you talking about? You should discuss having your medications adjusted with your doctor .

  18. That makes sense. The case was just based on the petitioning process of registered candidates.

    For the Libertarian and Green Parties of Texas, this is nice to have for them in case a state official tries to be shady again. And for the Constitution and America’s party along with independents, this is big into helping them get closer to achieving ballot access in the state of Texas. It’s not a guarantee of course and electronic signatures can be thrown out like any other signatures.

  19. Perhaps AZ had e-sigs confused with e-cigs. We do have e-cigs, although they can no longer be flavored.

  20. @Max and AZ,

    Does a ban on selling e-cigs to those under 21, violate the 26th Amendment.

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