Texas Independent Party v. Kirk

84 F.3d 178, 1996 U.S. App. LEXIS 13460, 1996 WL 257558
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 3, 1996
Docket95-50172
StatusPublished
Cited by29 cases

This text of 84 F.3d 178 (Texas Independent Party v. Kirk) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Texas Independent Party v. Kirk, 84 F.3d 178, 1996 U.S. App. LEXIS 13460, 1996 WL 257558 (5th Cir. 1996).

Opinion

BENAVIDES, Circuit Judge:

In this appeal, we resolve a constitutional attack on certain provisions of the Texas Election Code. A newly-formed political *180 party, several of its officers and candidates, and two independent candidates contend that the Election Code deadlines for filing a declaration of intent to run for office, holding nominating conventions, and submitting petitions are simply too early in violation of the First and Fourteenth Amendments. Additionally, the independent candidates challenge the requirement that voter registration numbers must be included on their nominating petitions. Because we conclude that the challenged deadlines are reasonable, nondis-eriminatory regulations, justified by legitimate state interests, we principally affirm the judgment of the district court. However, we hold that the voter registration number requirement is unduly burdensome and rer verse the judgment with respect to that single provision.

TEXAS ELECTORAL SCHEME

Texas has a detailed statutory scheme for the regulation of political parties as it relates to the nomination of candidates for the general election ballot. The basic framework provides four nomination methods. Major political parties, those polling 20% or more of the total votes cast in the most recent gubernatorial general election, must nominate candidates through a statewide primary election. Tex.Elec.Code Ann. § 172.001 (West 1986). Political parties polling at least 2% but less than 20% in the previous gubernatorial election may choose to nominate candidates through either a primary election or through nominating conventions. Id. § 172.002(a). Those minor political parties with less than 2% support in the past gubernatorial election or those that did not field a gubernatorial candidate in such election must nominate candidates through a process of precinct, county, and state conventions. Id. § 181.003. If sufficient participation is not evidenced at the conventions, the circulation of petitions is also required. Id. § 181.005. Finally, unaffiliated or independent candidates qualify by application and petition signed by a specified percentage of the vote cast for governor in the relevant electoral district. Id. §§ 142.002, .007. This statutory scheme is constitutional. See American Party of Texas v. White, 415 U.S. 767, 780-81, 94 S.Ct. 1296, 1305-06, 39 L.Ed.2d 744 (1974).

This detailed nominating process including primary elections, nominating conventions, applications, and petitions naturally involves a series of deadlines. These deadlines emanate from the date of the primary election. In 1986, the Texas legislature, motivated by the desire to participate in the nationwide “Super Tuesday!’ ' presidential primary, moved the date of the primary election from the first Saturday in May to the first Tuesday after the first Monday in March. When the primary election was moved up to “Super Tuesday,” a corresponding shift in a variety of other deadlines occurred. These earlier deadlines are at the core of this controversy.

To be entitled to a place on the general election ballot, all candidates are required to file a declaration of intent to run for office. 1 The declaration is basically a simple matter that requires only the candidate’s name, address, and office sought. 2 Tex.Elec.Code Ann. § 142.002 (West 1986). In general, this declaration of intent to run for office must be filed by January 2nd of the election year. Id. §§ 142.002(b), 172.023(a), 181.0041, 181.033(a) (West 1986 & Supp.1996). In 1994, however, the deadline fell on a weekend and was therefore extended to January 3rd making the declaration due approximately two months prior to the March 8th primary. See id. § 1.006 (West 1986) (effect of weekend or holiday).

In addition to the deadline for the declaration of intent, the Texas Election Code establishes a timetable for the minor party nominating conventions. The timing of the precinct, county, and district nominating conventions is linked to the primary election *181 date. The precinct convention is held on the same day as the primary election and is for the sole purpose of selecting delegates to the county or district convention. Id. § 181.061(c) (West Supp.1996). The county convention is held on the first Saturday following the primary election, and is for the selection of nominees for county offices. Id. §§ 181.061(c), 182.005. The district convention is held on the second Saturday following the primary election, and is for the purpose of selecting nominees for multi-county offices. Id. § 181.061(b). The state convention is held on the second Saturday in June. Id. § 181.061(a) (West 1986). Pursuant to this statutory scheme, in 1994 the primary election and precinct conventions were to be held on March 8th; county and district conventions were to be held on March 12th and 19th respectively; state conventions were to be held on June 11th. 3

A minor political party required to nominate by the convention process and independent candidates must also qualify to appear on the ballot by showing sufficient support. In order to qualify, the political party must file with the Secretary of State a list of precinct convention participants indicating a total number of participants equal to one percent of the total votes received by all candidates for governor in the most recent general election. Id. § 181.005(a). In 1994, this threshold number was 38,927. However, an inadequate number of precinct convention participants does not preclude a minor party’s participation in the general election. If the number of precinct participants fails to meet the threshold, the party can supplement the list with petitions. Under the Election Code, the party has seventy-five days from the date of the precinct convention to complete the petitioning. Id. In 1994, this deadline fell on May 23rd.

Similarly, independent candidates for statewide office seeking a place on the general election ballot must file a petition with the number of signatures equal to one percent of the total vote received by all candidates for governor in the last election. Id. § 142.007(1). Independent candidates for district, county, or precinct office must file a petition with the lesser of 500 or five percent of the total vote received in the district, county, or precinct, as applicable, by all candidates for governor in the last election. Id. § 142.007(2). An independent candidate has thirty days from the date of the primary runoff election to complete the petitioning. Id. § 142.006 (West Supp.1996). In 1994, this deadline fell on May 12,1994.

In order to validly support a petition, a signer of a petition must not have voted in the general or runoff primary election. Id. § 142.009 (West 1986).

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Bluebook (online)
84 F.3d 178, 1996 U.S. App. LEXIS 13460, 1996 WL 257558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-independent-party-v-kirk-ca5-1996.