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![handle is hein.congcourts/fjcsrwc0001 and id is 1 raw text is:
CASE STUDIES IN EMERGENCY ELECTION LITIGATION
Suits Over Removing Withdrawn Candidate
from a Primary Election Ballot
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 re-
moval. 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actions were withdrawn voluntarily.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.
On Thursday, December 14, 2017, two days after the state's deadline for with-
drawing from the primary election, a member of Congress decided not to run
for reelection.' Late on the next day, the Republican Party of Texas, its state
chair, and a voter filed a federal complaint in the Western District of Texas
seeking relief from state election laws that would prevent the party from re-
moving the retiring member of Congress from the 2018 primary election bal-
lot.2 The complaint alleged that although the deadline for withdrawal was De-
cember 12, because the deadline for the party chair to submit candidates'
names to Texas's secretary of state was not until December 19, the plaintiffs
were entitled to equitable relief.' With their complaint, the plaintiffs filed a
motion for preliminary and permanent injunctions and a temporary restrain-
ing order.
The member of Congress decided not to run following an $84,000 sexual
harassment settlement.' He resigned from Congress on April 6, 2018.6
1. See John C. Moritz, Farenthold Out, Corpus Christi Caller-Times, Dec. 15, 2017, at A7;
Sheryl Gay Stolberg, Texas Republican, Under Ethics Investigation, Says He Won't Run Again,
N.Y. Times, Dec. 15, 2017, at A21; Elise Viebeck & Mike DeBonis, Facing Allegations of Har-
assment, Rep. Farenthold Won't Seek Reelection, Wash. Post, Dec. 15, 2017, at A4.
2. Complaint, Republican Party of Tex. v. Pablos, No. 1:17-cv-1167 (W.D. Tex. Dec. 15,
2017), D.E. 1 [hereinafter Republican Party of Tex. Complaint]; see Rebecca Elliott, GOP Sues
to Remove Farenthold from Ballot, Hous. Chron., Dec. 17, 2017, at A3; John C. Moritz, GOP
Sues to Remove Farenthold on Ballot, Corpus Christi Caller-Times, Dec. 17, 2017, at A5.
3. Republican Party of Tex. Complaint, supra note 2, at 5-6.
4. Motion, id. (Dec. 15, 2017), D.E. 3.
5. See Moritz, supra note 1; Stolberg, supra note 1; Viebeck & DeBonis, supra note 1.
6. See Emily Cochrane, Texas Lawmaker in Sex Settlement Resigns, N.Y. Times, Apr. 7,
2018, at A15; Mike DeBonis, Rep. Farenthold Abruptly Resigns from Congress, Wash. Post,
Apr. 7,2018, at A16.
Federal Judicial Center 7/10/2018
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