The sage of the Harris County Democratic Party trying to remove a man duly elected in a primary continues this afternoon. We just aren’t certain where the latest round in the fight will be held.
Harris County Democratic Party primary winner and District Attorney nominee Lloyd Oliver filed his complaint in State District Court – it was assigned to the 133rd, Judge Jaclanel McFarland. She is on the ballot, creating a conflict of interest, so an associate judge is supposed to hear the case. You can read his full complaint here.
However, I talked to Mr. Oliver this morning and the HCDP has filed a motion to move the suit to Federal Court. They want to use the case law created when former HCDP Chair Gerry Birnberg removed Dave Wilson from the ballot. Interestingly, Mr. Wilson is a named plaintiff along with Lloyd Oliver in the current suit.
As a voter, the action by the Democrats is outrageous. About the only thing that could make it more outrageous is a ruling in their favor. Goodness, just think about us poor Republicans – if you think that the Harris County Republican Party is ruled by the Taliban now, just wait and see what happens if they can remove candidates at will. Wow.
This came via email, no author provided:
Death of Democracy
Democracy, 236 years old, of the Texas Democratic Party passed peacefully into God’s Eternal Kingdom Wednesday August 22, 2012 surrounded by her friends in the Harris County Democratic Party Headquarters.
Party Chairman, Lane Lewis, with orders from Gerald “Boss Tweed” Birnberg and with the blessings of State Party Chairman, Gilberto “Hitler” Hinojosa, declared 57,000 primary voters null and void. 57,000 voters get trumped by 3 people because 3 people do not agree with who the voters choose!
The Republicans state “If you don’t vote, you don’t have a say in who your elected officials are.”
The Democrats state “if you do vote, you don’t have a say in who your elected officials are.”
Democracy celebrated a long and patriotic life in Texas, always keeping the citizens in the forefront of her actions.
Democracy in the Democratic Primary first became ill in January 2010. Gerald “Boss Tweed” Birnberg removed Dave Wilson (Democratic candidate against the disgraced Republican Jerry Eversole) from the ballot without cause. The case, which became diagnosed as the “Tammany Hall Cancer”, was sent to the Fifth Circuit in New Orleans for treatment. Doctors of Jurisprudence, Davis, Smith and Southwick only diagnosed the case half right. They concluded that Mr. Wilson has a cause of action for damages, but they went on to state that a person does not have a property right of access to the ballot and they cannot be given a new election. This opened the door for Birnberg and Lewis’s actions; therefore spreading the cancer that destroyed Democracy in the Democratic Primary!
Democracy leaves behind many sons and daughters, grandchildren, and great grandchildren, who will miss her.
A Memorial service will be held for her Monday, August 27, 2012, in State District Court # 133 at 3:00 pm. In lieu of flowers, please send your condolences to Mr. Birnberg and Mr. Lewis.
P.S. No one has to worry about Voter I.D.
Leif says
It’s not on the District Clerk’s system, so I can’t confirm it, but the Democrats probably filed (or are planning to file) a Notice of Removal, which, so long as they file the right paperwork and fees in federal court, moves the case to federal court and automatically prohibits the state court from proceeding. The case then proceeds in federal court unless the federal judge sends it back.
The Dave Wilson “precedent” isn’t very comparable. That involved the Democrats’ determination that Wilson didn’t actually live at the address he claimed, and since the Democrats are in charge of who appears on their own primary ballot, they had some discretion to prohibit him from appearing on that ballot. Here, Oliver, in full compliance with the Election Code and the Democrats’ rules, has already won the Democrats’ primary; the Dems are purporting to remove him not from the primary ballot (over which they could ostensibly have a First Amendment associational right to prohibit him from appearing), but from the general-election ballot (which is governed not by the Democrats’ rules, but by the Election Code).
Were I a betting man, I’d put money against the Democrats’ position on this one.
David Jennings says
The hearing to move it to federal court has been scheduled for this afternoon at 3 pm on Floor 11 at the Federal Courthouse, Judge Lee H. Rosenthal.
Leif says
Thanks for the update, Dave.