The Texas Supreme Court is not booting libertarian candidates off the ballot in Collin County. Instead, the High Court mildly chastised the Republican Party of Collin County for dragging its feet in filing an emergency mandamus.
The initial dispute began in April when some members of the Libertarian party refused to pay filing fees for a candidacy, citing philosophical reasons. The matter sat dormant for four months until a group of Republicans in Collin County, led by former County Judge Keith Self, filed a petition with the Texas Supreme Court.
While the court says there could be a legitimate dispute over the central issue, the justices, instead, dismissed the complaint as moot.
“Nearly four months passed between the facts giving rise to the relators’ claims and the filing of this mandamus action,” the court wrote in an opinion. “(The Republicans) do not provide any explanation for why these claims could not have been investigated and brought to the courts with the ‘unusual dispatch’ our precedent requires of those who seek to use the court system to alter the conduct of elections.”
In a slight dig at the GOP, the opinion went on “Mandamus generally ‘aids the diligent and not those who slumber on their rights.’ Never is adherence to that general rule more important than when candidates seek, at a late hour, to constrain the choices available to voters in an election. ‘[A]ccess to the ballot lies at the very heart of a constitutional republic.’”
Self said he had not seen the opinion and could not comment.
Libertarians are celebrating.
“Ultimately it came down to timing, where they essentially had four months that they could have gone after these folks, and they chose not to,” said Whitney Bilyeu of the Texas Libertarian Party.
Related
LISTEN on the Audacy App
Tell your Smart Speaker to "PLAY 1080 KRLD"
Sign Up and Follow NewsRadio 1080 KRLD