Tuesday, March 29, 2011

Commissioner Atkinson


The Herald is reporting the Secretary of State is forcing Brownsville to put Jessica on the ballot as a write in. She will need a lot of money to get word out. I think some type push cards with her name on it so there are no problems on the write in is best - but what do I know.

As soon as I know where money can be sent I will post it.

There is a question as to whether or not Jessica can have her name placed on the ballot without having to be a write in.

In seems in 2003 in response to the Sanchez case I referenced in an earlier post the legislature amended the election code.  The underlined part is what was added.  I think it is pretty clear that the Texas Legislature was upset with the Texas Supreme Court so they amended the law to take away from the cities the filing deadlines.

" SECTION 1.  Section 143.005(a), Election Code, is amended to read as follows:

(a)  A city charter may prescribe requirements in connection with a candidate's application for a place on the ballot for an office of a home‑rule city.  This section does not authorize a city charter requirement in connection with the timely filing of an application, and any charter requirement related to an application's timely filing is superseded by Section 143.007 and other applicable filing provisions prescribed by this code.

Sanchez won because the law at  the time did not include the underlined part.  The underlined part changed the law and took from the cities the right to set the deadlines.  I think on this issue, Jessica is limited to being a write in candidate.

For me this entire Home Rule issue is a mess.  What I have learned since the bond issue was first raised is Home Rule Cities were created and year by year the state legislature has taken away their power.  This is sad.

Anyway, I think the law is clear - other than as a write in candidate Jessica has no options.

It is up to the people to work hard to get her supporters to turn out and write in her name. 

Sorry  for the bad news - but I do thank the reader who told me I needed to check on the change in the law.

1 comment:

Anonymous said...

Now the question becomes voter intent for a write in. Does her name have to be in full and spelled correctly to be counted? Can it be simply "Jessica" or "Jessica T" or "Jessica T-K" or "not Charlie Atkinson" or "the lady" on the line? Will any of those kinds of write-ins count for Jessica? What is the case law on Texas write-in candidates and voter intent?