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Dallas lawsuit over candidate eligibility officially mooted

From the inbox:

On Thursday, September 20, 2018, the Fifth Court of Appeals issued an Order in Dallas County GOP v. Dallas County Democratic Party, stating that any relief related to the November election is moot, and that the appeal, therefore, is limited to the propriety of dismissal under Rule 91a and attorney’s fees. Chad Baruch of Johnston, Tobey Baruch Law Firm, one of the attorneys for the Dallas County Democratic Party (the “Democrats”), explained: “This means, effectively, that only the attorney’s fees issue will be considered by the Appellate Court. The case is over as to the November ballot and the eligibility of the candidates.”

During the 2018 Primary, the Dallas County Republican Party (the “Republicans”) filed suit against the Democrats, asking the trial court to remove over 100 Democratic candidates from the ballot. The Republicans claimed that the candidates’ applications were not valid because they had not been personally signed by the Dallas County Democratic Party Chair. Upon review of the pleadings, and after a hearing on the merits, the trial court found that “the Texas Election Code does not impose a manual signature requirement” as alleged by the Republicans. The Court held that the Republicans claims are “moot,” that their party “lacks standing,” and that such claims should be dismissed as “lacking a basis of law.” The trial court also held that the Democrats were entitled to recover, from the Republicans, attorney’s fees in the amount of $41,275.

Carol Donovan, Chair of Dallas County Democratic Party stated, “During this election season, the Republican Party has been filing frivolous lawsuits against Democrats to try to remove candidates from the ballot. It appears that the Republicans are afraid to let the voters decide what persons they want to represent them. Thankfully, the rulings of the courts support democracy.”

See here, here, and here for the background. I didn’t find any news coverage of this, but the case is No. 05-18-00916-CV at the Fifth Court of Appeals, and a link to the court’s order is here. The relevant bits:

Appellants and appellees filed letter briefs as directed. The parties agree that any relief sought regarding the November 6, 2018 general election, including preparation of the ballot and what candidates may or may not appear on the ballot, will be mooted by the election schedule.

Appellants affirmatively state that they “do not request relief related to the general election” and “only seek to appeal relief related to the lower Court’s decision on subject matter jurisdiction; 91(a), and the mandatory attorney’s fees.” Appellants further state that their appeal seeks this Court’s ruling on five issues that are not mooted by the election schedule and relate to the propriety of the lower court’s dismissal under Rule 91a and the award of attorney’s fees.

Appellees concede that appellants may appeal the fees award and that the fees issue is not moot. Appellees did not address, however, whether they dispute appellants’ ability to appeal the propriety of dismissal under Rule 91a.

So, even though the late-in-the-day appeal still sought to argue that DCDP Chair Carol Donovan needed to sign the candidate petitions, in the end all that was argued was whether the case was properly dismissed, and how much is owed to the DCDP in attorneys’ fees. This is what you call ending with a whimper. At least it’s one less thing to worry about before voting begins.

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