On June 16, the Texas Libertarian Party filed this reply brief in Bilyeu v Esparza, w.d., 1:21cv-1089. This is the lawsuit over Texas filing fees for candidates. The law says fees paid by parties that nominate by primary (i.e., Republican and Democratic) are given to those parties. But fees paid by parties that nominate by convention go into the state treasury.
The brief accuses the state of hypocrisy, and has some fiery language.
The brief is well written and I wish the Texas Libertarian Party success in their lawsuit.
The law requiring filing by convention-nominating parties was passed in 1961.
In 1960, Democrat voters went to their club house/polling place showed their poll tax receipt and voted in their primary. After voting closed, they would meet in their precinct conventions. In 1960, the Democrats literally ran their own primaries and paid for them. The poll tax did not pay for any elections. Democratic primary candidates were assessed a filing fee to pay for the primary. They could also receive donations. Election judges and clerks may have donated their time, newpspapers or printers giving discounted deals for ballots, etc. Candidates had to file before the primary so that their names could be printed on the ballot. The Democratic Party did not inform the State of Texas whom they had nominated until after the primary when they canvassed the votes (ascertained the nominee). After voting, Democrats gathered for their precinct conventions and conducted party business and chose delegates to the county convention.
On the same day, Republican voters went to their club house/meeting place, showed their poll tax receipt, and participated in a precinct convention. They chose delegates to the county convention, and conducted party business. The Republicans could have held a primary, but chose not to. They would have had to pay for the primary, and few voters would have participated since almost all offices were determined in the Democratic primary. Between 1906 and 1960, Republicans held a primary in only five of 28 elections, when forced to because of relative success of their gubernatorial candidate. When they held a primary, turnout was abysmal.
The primary and precinct conventions were held on a Saturday in May, so the Republican conventions could be held during the day. The Republican conventions and Democratic primary locations were separated by at least 100 yards (length of a football field). A voter became a Democrat or Republican based on which club house they went to.
A week after the precinct conventions the delegates would meet at the county convention, and make nominations for county and precinct offices, as well as district offices for districts contained in a single county (this would include many state representatives). The county convention would choose delegates to multi-county district conventions and the state convention. The presiding officer of the convention would inform election officials who the party had nominated. In their role of presiding officer they ascertained who had been nominated.
At the state convention, candidates for statewide office would be nominated. The presiding officer of the convention would inform the Secretary of State. In 1960, the Republicans nominated John Tower for US Senator, a young associate professor at Midwestern State, who edited the party newsletter. They could have chosen Bruce Alger the lone Republican congressman from Texas, or some better known individual within the party. Alger might have preferred the relative likely re-election to Congress vs. the likely loss in the senatorial race.
Lyndon Baines Johnson was running for re-election to the Senate, and was later chosen to be the Democratic nominee for Vice President. LBJ was elected Vice President and to the Senate, though Tower ran a vigorous campaign and benefited from Nixon’s coattails. Tower’s slogan was “Double Your Pleasure, Double Your Fun – vote against Johnson two times, not one”
LBJ resigned his senate seat to become VP, triggering a special election. In Texas, a special election does not have a primary, and all comers could file. 71 candidates forked over the $50 filing fee. Tower was a candidate as well as five prominent Democrats. Tower advanced to the special runoff and was then elected becoming the first Republican senator from Texas since Reconstruction.
During the election campaign, the Legislature passed a bill requiring candidates who wanted to be considered for nomination by convention to file at the same time primary candidates did. The bill also made the same requirement for would-be independent candidates. Convention candidates would file with their party, in effect, “I’d like to be considered at your convention.” Would be independent candidates filed with the Secretary of State or county clerk. This was not a petition. It simply meant that if you had not filed a declaration of intent, you could not petition, or if you did petition it would be rejected.
The bill said it was unfair to primary parties that convention parties could choose their nominee after the primary. At the time, the only primary party was the Democrats, who held all 150 House seats and 31 Senate seats in the Legislature. In 1960, the Republicans had nominees for 6 (of 22) House seats, in addition to Tower. The Constitution Party had 7 House candidates and a senate candidate. The bill was reported in the press as an anti-GOP bill. It is quite likely that it is was a reaction to the spectre of a Tower election.
Ironically, Republicans never nominated by convention again. In part fueled by the election of Tower, they have been required to nominate by primary in the 32 elections since 1962.
The brief is nothing more than ranting and raving. Very pathetic from a pathetic, corrupt chair.
JR-
When did modern GOP get total control of TX gerrymander regime ??? 1960s-1970s ???
@AZ,
2000s.
https://en.wikipedia.org/wiki/Political_party_strength_in_Texas
You did not read that in 1961 all 181 members of the Legislature were Democrats?
A source of antipathy of the RPT for Libertarians is that they believe that Libertarians cost them a few House seats as they were approaching parity with the TDP.
Fred got it on lock!
BEFORE / AFTER 1964 ELECTION CONTROL IN EX-SLAVE SOUTHERN STATES.
ESP OLDE RUN-OFF PRIMARIES – NOW MAINLY GONE ???
Bilyeu belongs in prison
@AZ,
What is your question?
It wasn’t actually a question. Badly translated machine assembly language.