TEXAS LAWSUIT FILED
On March 24, the Texas Independent Party, as well as
several independent candidates, filed a lawsuit in federal
court in Austin against certain ballot access restrictions.
Texas Independent Party v Hannah, no. A94-CA-175-JN.
The case was assigned to Judge James Nowlin, who in
1988 struck down a Texas law that a petition for a new
party must include the voter registration affidavit number
of everyone who signs the petition, before it is submitted.
The case challenges these requirements: (1) that independent
candidate petitions must still include the voter registration
affidavit number of everyone who signs; (2) the
March petition deadline for new parties independent
candidates; (3) the requirement that independent candidates
(for office other than president) must file a declaration of
candidacy in January; (4) that new parties must hold 10caI
conventions in March; (5) that candidates of new parties
must me a declaration of candidacy in January, even before
their party may exist.
Texas has the earliest petition deadline in the nation, for
new parties (with the exception of states which require
new parties to nominate by primary). In Texas, new parties
nominate by convention.
The Texas Independent Party is a coalition of people from
Texas....
TEXAS DEADLINES UPHELD
On October 13, Federal Magistrate Alan Albright upheld several Texas ballot
access laws. Texas Independent Party v Kirk, no. A-94-CA-175 JRN
(Austin). The outcome was disappointing, since at the hearing the Magistrate had
seemed convinced that the laws are unconstitutional.
Upheld: (1) third party and independent candidate petitions are due in May;
(2) independent and third party candidates (for office other than president)
must file a declaration of candidacy in January; (3) new parties must hold
precinct, county and district conventions in March. The Magistrate didn't even
remember to rule on a fourth issue, a challenge to Texas law which requires
independent candidate petitions to carry the voter registration number of all
signers (this was held unconstitutional in 1988 for new party petitions, so it's
difficult to imagine how it could be valid for independents).
Plaintiffs are now trying to persuade the U.S. District Court Judge who has
jurisdiction over the case, James Nowlin, to revise or reverse the Magistrates
ruling. In a 1988 lawsuit, Nowlin ruled that voter registration numbers cannot
be required on new party petitions.
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