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Suits Over Removing Withdrawn Candidate from a Primary Election Ballot

Robert Timothy Reagan
July 10, 2018
Available Online Only

Republican Party of Texas v. Pablos (Andrew Austin and Sam Sparks, 1:17-cv-1167) and Texas Democratic Party v. Republican Party of Texas (Lee Yeakel, 1:17-cv-1186) (W.D. Tex.)
A member of Congress withdrew from reelection consideration after the statutory deadline for removal from the primary election ballot. His party filed a federal action to keep him off the ballot, but the state’s secretary of state said that he would not interfere with the removal. The opposing party filed a federal case to keep the incumbent on the ballot, but the judge declined to order immediate relief. Both actions were withdrawn voluntarily.
Subject: Getting on the ballot. Topics: Getting on the ballot; primary election; party procedures; case assignment; enjoining elections.

One of many Case Studies in Emergency Election Litigation.