Tuesday, March 12, 2019


HAS JESSICA'S LAWSUIT AGAINST CATA BECOME MOOT

First the US Supreme Court has been very generous in holding unconstitutional ballot access laws.  This link gives a host of decisions on the issue which Cata's lawyer can use.

https://www.law.cornell.edu/background/ballot/supreme.htm

Jessica has set for March 22, 2019, her hearing for Temporary Injunction.  The court has no choice but to dismiss her lawsuit as moot because of the military ballot issue.  She cannot finish the trial in time.  Depending on how you count the days the completion of the trial has to be March 22nd or March 23rd.

“An application for a place on the ballot may not be challenged for compliance with the applicable requirements as to form, content and procedure after the day before any ballot to be voted early by mail is mailed to an address in the authority's jurisdiction for the election for which the application is made.” TEX. ELEC. CODE ANN. § 141.034(a) (West Supp. 2017). The balloting materials for voting by mail shall be mailed to voters on or before the forty-fifth day before election day. See id. § 86.004(a), (b) (West Supp. 2017).
Analysis
WHAT CATA NEEDS TO DO

She needs to file an answer with a Notice of Filing Form 402.010(A-1).  This is notice of a constitutional challenge to § 14.065 as violating her and  the voters' right to Freedom of Association.  By law this delays any ruling by 45 days after the District Clerk serves the form on the AG's Office.

The above link provides endless U.S. Supreme Court cases finding state ballot access laws as violating the Fundamental Right to Freedom of Association. 

Further,  if the case law as cited applies the court must dismiss Jessica's lawsuit as moot anyway on the 22nd.  

But this issue needs to be fixed.

There is no issue of fraud possible because opposing candidates can still take the lists and visit the signers for evidence they did not intend to sign the list or were tricked.  This is how you can still protect the integrity of the process, while allowing for the candidate to sign one list for all signatures.

The state cannot meet its constitutional demands when dealing with the Fundamental Right to Freedom of Association.

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