The first election case of the Fall has nothing to do with a virus.
, No. 20-0630
The factual basis of the petition is straightforward: According to election records, the Green Party’s chosen nominee voted earlier this year in the Democratic Primary. Under Texas law, a person who votes in a primary election is deemed to be affiliated with that same party for the remainder of the election cycle. One application of that principle is that a “person who voted at a primary election … is ineligible for a place on the ballot for the succeeding general election … as … the nominee of a political party other than the party holding the primary in which the person voted…” Tex. Elec. Code §162.015(a)(2).
The mandamus petition was filed directly in the Texas Supreme Court and targets, as the respondent, the two co-chairs of the Green Party (who are responsible for enforcing this eligibility rule). The Court immediately requested a response, which is due on Tuesday.
Update: The Statesman reported that the Green Party candidate dropped out of the race voluntarily in the wake of this suit. A motion to dismiss has been filed.
- For obvious reasons, I would expect the Chief Justice to recuse himself from this petition, but there is no notation on the docket to that effect yet. ↩