If you haven’t heard by now, Lloyd Oliver, Harris County Democratic Party nominee for District Attorney, will be on the ballot in November. Judge Bill Burke entered the order in time for the ballot printing and verifying process to proceed as normal. Most observers do not expect the HCDP to appeal his decision.
How bizarre was the case? The Dems tried to use the same argument that they used in the 1900’s to keep blacks from voting. See Grovey v. Townsend. Basically, the Dems were saying that they had a right to “associate” with whomever they deemed “acceptable”. Judge Burke saw through this and said in his order:
In this circumstance, the political party’s so called Right of Association must yield to other rights which vested as a result of the party’s primary process. The State of Texas, too, has a compelling interest in free and fair elections and promoting democratic decision making.
It is appalling that even as the Democratic Party is set to nominate a black man for a second term as President of the United States, Harris County Democrats would reach back into their history of racism to find an argument to use to keep a duly elected person off the ballot.
When he isn’t kicking Democratic writs, Judge Burke spends some of his free time playing one of his many Taylor guitars. He plays in a band called The Writ-Kickers (hence the post title) with fellow judges Brent Gamble, Patricia “Legs” Kerrigan, and attorney Steve Ferrell. They aren’t bad – check out this tune:
In the end, justice prevailed in this case. Congratulations to Mr. Oliver – now he gets to have his writ kicked by Mike Anderson!
sidney zorch says
In other words, Lane Lewis believes that the results of a Primary Election are advisory to him, as a county chair. If Steve Munisteri were to decide that Dewhurst is better than Cruz, he could unilaterally, and without appeal, take Cruz off the ballot? I don’t think so….