Even if allegations about an illegal petition drive are true, knocking Green Party candidates off the November general election ballot before they can be proven imposes “a death penalty,” lawyers for the party argued Monday in a written appeal to the Texas Supreme Court.
The party has until Friday to certify its candidates for the fall election, but a judge last Friday ordered it not to proceed because of an “unauthorized illegal contribution” by a corporation with Republican links.
“This case matters because voters should have an alternative to entrenched career politicians. Despite the signatures of over 90,000 Texans, entrenched career politicians and their lawyers want to deny voters the right to choose in November,” said David Rogers, one of the Green Party lawyers.
Rogers, like everybody else working on behalf of the Green Party in this effort, is a professional Republican. Just as a reminder, the issue on which District Judge John Dietz based his ruling barring them from certifying their signatures was that anonymously-donated money used to pay for the third-party-run petition drive was illegal corporate cash. I understand the appeal to idealism here, but how do you address that underlying reality?
Testimony last week revealed that Mike Toomey, a close Perry friend and his former chief of staff, paid $12,000 to recent University of Texas graduate Garrett Mize to organize a petition drive to collect the 43,991 petition signatures necessary to get the Greens on the November ballot.
Mize testified he was approached by a family friend who worked for Eric Bearse, a former senior aide to Perry, and that he was told not to inform the Green Party of the financial backing. When that petition drive failed to get enough signatures, the out-of-state corporation Take Initiative America came in and completed the work. That group also has Republican connections.
Clearly, you address it by not talking about it and hoping that no one notices. Didn’t quite work out, I’m afraid.
One more point, from the DMN story:
Rogers dismissed the Democrats’ consipiracy theory to pull left-leaning voters away from White.
“If the Republican Party insiders are doing stuff like that, we wouldn’t know about it,” Rogers said. “If the Republicans are doing the right thing for the wrong reason, is it wrong or is it right?”
I’m not sure what Rogers means by “the right thing” here, but if ballot access were so important to the Republican Party and its insiders, it was well within their power to modify Texas’ laws that make it so hard for third parties and independent candidates to get certified. I don’t recall any bills being filed in the last four legislative sessions, during which the Republicans have been in full control, to that effect. Putting that aside, if they had done “the right thing” in proper fashion, we wouldn’t be having this argument in the first place.
Anyway. The Supreme Court is expected to rule by Friday, which is the deadline for parties to certify their candidates for November. That may not be the end of it, however.
Candidates for the ballot have to be certified by Friday. The Supreme Court could say that the order from District Judge John Dietz came too late in the process and is therefore moot, or it could say that the contribution was not an illegal use of corporate money, or it could temporarily allow the Green candidates on the ballot while justices take more time to study the case.
But there are other legal ramifications lurking out there. Election lawyer Buck Wood, who often helps Democratic candidates, said Monday that the Green Party leaders who certify the ballot could be susceptible to criminal charges if the Supreme Court agrees with Dietz that the money that got the Greens onto the ballot was an illegal corporate contribution. Or, more to the point, if they do not disagree with Dietz.
They would become vulnerable if they followed through with their plan to certify the candidates on the ballot, Wood said. The key is that they now know that it was a corporate contribution that came in from Take Initiative America, which paid for the petition drive that appeared to make the Greens eligible for the ballot.
“They’ve been told it’s illegal. They’ve got knowledge now,” Wood said. “If I were their lawyer, I’d say, ‘You go ahead and certify those names and hopefully the Travis County district attorney’s office won’t take an interest in you.’”
David Rogers, a lawyer for the Green Party, said, “With all due respect to Mr. Wood, who is a very fine election law attorney, I believe he is misreading the law in an attempt to gain an electoral advantage for the Democratic Party. He is a consultant for the Democrats in this matter, and all his comments regarding the law in this case need to be considered with that in mind. Texas allows corporate contributions for ‘normal operating expenses’ of a political party. If getting on the ballot isn’t a ‘normal’ expense of a political party, what is?”
Actually, it’s well established that this law refers to “administrative” expenses – things like rent and utilities and office supplies. Corporate money cannot be used on political expenses, which I daresay covers signature gathering for a ballot access petition. But what do I know? We’ll see what the Supremes have to say.