Austin American-Statesman: Texas Supreme Court rejects GOP bid to kick 44 Libertarians off ballot
From the Austin American-Statesman on September 6, 2020:
The Texas Supreme Court rejected a GOP attempt to remove 44 Libertarian candidates from the November ballot, saying the Republicans waited too long to challenge their opponents’ eligibility.
A long list of Republican candidates, joined by GOP organizations, argued that the Libertarians were ineligible to appear on the ballot because they did not pay a new filing fee or collect the required petition signatures to avoid the fee.
But the all-Republican Supreme Court said the deadline to challenge candidate eligibility was Aug. 21, while the GOP challenge wasn’t filed at the state’s highest civil court until Aug. 26.
“The Election Code does not permit the (GOP) to bypass that deadline by belatedly challenging the Libertarians’ applications,” the court said in an unsigned opinion delivered Saturday evening.
Chief Justice Nathan Hecht and Justice Jeff Boyd, whose Libertarian opponents were challenged by party officials, did not take part in the decision, the court said.
Democrats had successfully sued to remove three Green Party candidates from the ballot for failure to pay the filing fee, winning Aug. 19 at the Austin-based 3rd Court of Appeals.
The following day, Republican candidates and organizations contacted Libertarian Party leaders to demand that dozens of candidates be declared ineligible for failure to pay a filing fee as required by a state law passed last year.
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