Texas Media Trying To Vilify Texas Supreme Court

Sep 22, 2020 by

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“Texas Media Trying To Vilify Texas Supreme Court”

By Donna Garner

9.22.20

On 9.18.20, the Texas Supreme Court (all Republicans elected by the voters) issued an opinion that said the three Green Party candidates’ names had to be restored to all Texas ballots for the Nov. 3, 2020 elections.

I understand why county election administrators would be frustrated with the Texas Supreme Court’s decision (https://www.txcourts.gov/media/1449733/200708.pdf) which has caused Texas ballots to be reprinted at the last minute.  I also regret the extra cost incurred by us taxpayers ($25,000 in the Texas county in which we live).

What I do not appreciate is the leftist media that deliberately leaves out the real reasons for the Texas Supreme Court’s decision. This  intentional “error of omission” by the leftist media is meant to make the Texas Supreme Court members look partisan since Green Party members usually pull votes from the Democrat Party.

In local media across the state, no explanations are given as to why the Texas Supreme Court ruled as they did.  All the public hears and reads is lots of griping and gritching about the amount of time, effort, and cost involved in the reprinting and mailing of ballots.  This is the leftist news media trying to vilify the Republican members of the Texas Supreme Court.

Here are the real reasons behind the Texas Supreme Court’s 9.18.20 decision.  The news media should have explained this to the voting public:

1.  Yes, the 2019 state law does require minor party candidates (e.g., Green Party) to pay a filing fee or to submit a valid signature petition.

2.  However, the 2019 state law left out the important wording that would have set a deadline by which the filing fee had to be paid.

3.  With no deadline for paying the filing fee nor giving the candidates an opportunity to comply, Austin’s 3rd Court of Appeals ruling on 8.19.20 (which made the Green Party candidates ineligible to run) was in error. Therefore, the Green Party leaders did not have to declare their three candidates ineligible.

4.  Under Texas law, the last day to declare a candidate ineligible for the Nov. 3, 2020 ballot was 8.21.20 which gave those candidates two days to pay the fee before becoming ineligible to run.

5. Since the 8.21.20 deadline had passed, the Texas Supreme Court was forced to rule that the Democrats had missed their chance to seek a proper court order declaring the Green Party candidates ineligible to run.  

The Texas Supreme Court stated, “We recognize that changes to the ballot at this late point in the process will require extra time and resources to be expended by our local election officials. But a candidate’s access to the ballot is an important value to our democracy.”

Bottomline: The Texas Supreme Court members were simply following the law as written and passed by the Texas Legislature. If there is any blame to be had, it is with the lack of specific wording in the 2019 law. This should be a lesson for all Texas Legislators to learn. When they write and pass a law, they must include specific wording (e.g., deadlines, etc.) to cover every possible situation. Texas Supreme Court members do not make the laws; they only apply the laws as written.   

Readers beware: It is not only what the leftist news media puts into their articles that causes bias, but it is also what they deliberately choose to leave out that causes bias. We as readers constantly need to dig out the facts for ourselves.

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