1. Has he contacted the nearly useless Texas Independents? Do be care ful though! Wash your hands after wards! They seem to have the CUIP/ Independent Vote/ Ohio Independents virus.

2. Any text for the bill on the net anywhere, or should I just email him?

3. If Sky King could find two Texas legislators to introduce a bill to ease ballot access, why can’t Jim Riley find one to introduce a bill for his cherished “top two” election system?

   Or could it be that Jim prefers to just argue the “top two” with me here and elsewhere?

4. #3 The only bill that has been pre-filed in Texas related to ballot access is one which would move the party primaries to the first Tuesday in February, requiring a filing deadline of late November/early December for all candidates, whether independents, or those that seek to secure the nomination of a political party, whether by primary or convention (including new parties).

   The petitioning periods for independents is tied to the date of the primary and runoff, so these would end in early April.

   Do you see how corrupt your beloved system of party nominations has become.

   There is another bill that would change the filing deadline for write-in candidates (for all offices)to match that for presidential and vice presidential candidates. Wouldn’t want to make it too easy on those who don’t make up their mind to run 11 months before the election.

5. #4: There are lots of precedents for the unconstitutionality of an early April filing deadline for independent candidates. Mississippi has a January filing deadline for independents for Congress– the same as for party candidates.

   A lawsuit against such early deadlines in Texas and Mississippi would have a good chance of winning in the 5th Circuit, although it would likely first lose in the district court(s). The problem is locating a plaintiff– or a financial backer– who is willing to cover the expenses of getting to the 5th Circuit (I have found a qualified plaintiff and an election law attorney who would take the case, but the potential plaintiff doesn’t have the necessary bucks).

   I oppose early filing deadlines, which are little more than prophylactics for incumbents.

   It’s interesting that you want to hamper political parties in performing their basic function of nominating candidates. A party, of course, has a First Amendment right to nominate/endorse candidates, but the state is not required to recognize those nominations/endorsements.

   That’s one of the problems with your cherished “top two”/”open primary”: the state does not recognize party nominations in that system. In Louisiana, for example, this has led– more than once– to the national Republican Party and the state GOP backing opposing candidates in the same election.

6. #5 Texas currently requires would-be candidates, whether they seek election as an independent or as party nominee, to declare their candidacy by December or the first few days of January. Other details are completed later – in the case of party nominees, by being nominated in a primary in the case of major parties, or by convention in the case of minor parties. Or by securing nomination by petition for independent candidates, in the period immediately after the primary.

   Texas could argue that by having a common declaration deadline they are protecting the political association rights of her citizens.

   Voters are permitted to only vote in the primary, runoff, conventions, and related nomination activities of a single party. If the party could have nominated a candidate for a particular office, they can’t sign the petition of an independent candidate office. For example, if the Democratic Party had a primary race for Inspector of Hides, even with a single candidate, and you vote in the Democrat primary, then you could not sign the petition for an independent candidate for Inspector of Hides. If you only voted in the runoff, you could sign the independent petition, because you couldn’t have participated in the nomination process for that office.

   The common declaration deadline allows voters to determine which political party they wish to enter association with, or to remain independent. In 2006, Kinky Friedman who was running for governor, urged voters to “save yourself for Kinky” by eschewing voting in one of the party primaries.

   http://www.youtube.com/watch?v=L1umDm44yx4

   Primaries, conventions, and signing of petitions are conducted in about the same time period, simplifying the regulation of party participation, protects the political parties from independent raiders, and prevents vote-splitting independents being nominated by partisans.

   So on what grounds are you going to challenge the deadlines – remembering that the US Supreme Court has already upheld Texas’ nomination process (American Party of Texas v. White).

7. If Billy and Bubba wish to engage in political association for purposes of supporting some candidate for governor; why should the State prevent Billy and Bobby Lee from simultaneously engaging in political association to support a candidate for senator, while Bubba joins with Buford to support an opposing candidate for senator?

   The problem with political party regulation as it exists in the USA is that voters are restricted in who they may engage in political association with. It is like once you are initiated into a gang, you belong to that gang completely. The State should not act as a facilitator for this type of restrictive activity.

   You’re simply saying that in Louisiana, two groups of individual citizens joined in political association to support two different candidates. Why does it matter if they both called themselves “Republicans”. You seem to have been able to distinguish between the two.

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