U.S. District Court Upholds Texas’ Discriminatory Law on Filing Fees

On August 6, U.S. District Court Judge Robert Pitman, an Obama appointee, upheld the discriminatory Texas law on filing fee distribution. When a candidate of a party that nominates by primary, the filing fee paid by that candidate goes to that candidate’s party. But when a candidate of a party that nominates by convention pays a filing fee, the government keeps the money.
Here is the decision. Bilyeu v Esparza, w.d., 1:21cv-1089.


Comments

U.S. District Court Upholds Texas’ Discriminatory Law on Filing Fees — 4 Comments

  1. Texas at one time had a poll tax. If a voter did not pay the annual poll tax, they not only could not vote in the general election, they could not vote in primaries, participate in conventions, or even run for office. The poll tax did not go to pay for elections, and of course each party was responsible for funding their own primaries. Texas did not have voter registration. When a voter went to the polling place or convention location, they would simply show their poll tax receipt.

    Poll taxes are now unconstitutional and/or illegal. To vote or to participate in a convention or to run for office, an otherwise eligible person must be registered to vote. There of course is no fee associated with registration.

    This filing fee for convention candidates does not go for paying for any elections. The State of Texas does not pay for general elections, even though most of the filing fees are paid to the State of Texas. The filing fees paid by Republican and Democratic candidates is paid to their political party, which includes compensation for the party chairs collecting the fee, and election judges and clerks, who are party faithful (they are patronage positions). A large share of the filing fees stays in the county and likely recirculates locally. The convention filing fees goes to Austin.

    The filing fees for Libertarian and Green candidates are indistinguishable from a poll tax. If the fee is not paid the candidate may not participate in the political process.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.