American Party of Texas Et Al. v. Bullock, Secretary of State of Texas

Background

A small political group called the American Party sued to get its candidates on the Texas ballot for the election. Texas law has four ways of nominating candidates; the American Party falls into the third category, which requires a statewide party structure, early filings of candidate names and party rules, and a sequence of precinct, county, and state conventions timed around the regular primaries.

Reasoning

The Court was asked to issue an emergency order to let the American Party’s nominees be printed on the ballot immediately. The majority denied that emergency request. The opinion describes Texas’s detailed requirements: the party must supply lists from precinct conventions totaling at least 1% of the governor’s vote, supplement those lists with petition signatures only after the major parties’ primaries, require an oath before a notary for each signer, and bar anyone who voted in a primary from signing, with criminal penalties for violations. The Court declined to override those rules on an emergency basis before the certification deadline.

Real world impact

As a result of the denial, the American Party was not granted immediate relief to appear on the ballot before certification deadlines. The decision leaves in place tight timing and signature rules that a minority party must meet, including a limited roughly 53–55 day window to gather supplemental signatures and criminal penalties that deter crossover signers. The long-term constitutionality of the rules could still be decided later in full proceedings.

Dissents or concurrances

Justice Douglas dissented and would have granted a stay so the American Party could appear on the ballot, arguing the scheme likely disadvantages new or unorthodox parties and may unfairly restrict associational and voting rights.