Case: Texas Democratic Party v. Republican Party of Texas

1:17-cv-01186 | U.S. District Court for the Western District of Texas

Filed Date: Dec. 20, 2017

Closed Date: Dec. 20, 2017

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Case Summary

This is a case about the attempt of the Texas Democratic Party to force the Texas Republican Party to keep the name of a Republican representative of the 27th Congressional District on the 2018 primary ballot because he sought to withdraw his name after the deadline for such withdrawal. On December 20, 2017, the Texas Democratic Party and the Chairman of the Texas Democratic Party filed this lawsuit in the United States District Court for the Western District of Texas. The plaintiffs sued the R…

This is a case about the attempt of the Texas Democratic Party to force the Texas Republican Party to keep the name of a Republican representative of the 27th Congressional District on the 2018 primary ballot because he sought to withdraw his name after the deadline for such withdrawal.

On December 20, 2017, the Texas Democratic Party and the Chairman of the Texas Democratic Party filed this lawsuit in the United States District Court for the Western District of Texas. The plaintiffs sued the Republican Party of Texas, the Chairman of the Republican Party of Texas, and the Secretary of State for the State of Texas for declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201-2202, 42 U.S.C. § 1983 and Federal Rule of Civil Procedure 65 to enforce rights guaranteed under the Fourteenth and First Amendments to the United States Constitution. Represented by counsel, the plaintiffs sought a temporary restraining order to stop the Texas Republican Party from removing the representative from the primary ballot. They claimed the removal of the representative's name after the deadline as outlined in the Election Code violated the Equal Protection Clause and their federal associational rights under the First Amendment.

On December 20, 2017, the plaintiffs filed their complaint to prevent the Republican Party of Texas from "circumventing the Texas Election Code" by removing Black Farenthold, a representative of the 27th Congressional District, from the primary ballot. After having been the subject of months of press attention for alleged sexual harassment and misconduct, Mr. Farenthold announced on December 14, 2017 that he would not seek re-election. Mr. Farenthold then sought to withdraw from the ballot by submitting a request to RPT on December 15, 2017. However, this was four days after the state law prescribed deadline for withdrawal, according to the Texas Election Code § 172.023(a) (providing that the deadline is the second Monday in December of an-numbered year). Due to the allegations against Mr. Farenthold, the Republican Party sought to remove him from the ballot and filed suit in the Western District of Texas, arguing the state ballot application timing statutes violated the federal constitution as applied to Republican Party under these facts. The case was referred to a magistrate, and the state agreed "to look the other way if [the Republican Party] decided to violate state law" and the Republican Party intended to remove Mr. Farenthold's name from the ballot, leading to this lawsuit brought by the Democratic Party. According to the complaint, the Democratic Party had been prevented in the past from removing candidates from the ballot after the deadline, and thus they took issue with the Republic Party being permitted to do so in this instance. The plaintiffs took the position that the Republican Party should not be allowed to "knowingly violate state law, remove a candidate from the ballot well after the deadline and do so all under the unproven claim that the state's laws violate the federal constitution. If the scheme violates the federal constitution, then [Democratic Party] is entitled to know so it can avail itself of the same rights." The plaintiffs brought two counts, one for a violation of the equal protection clause due to the alleged disparate enforcement of state election laws, and one for a violation of the first amendment right to free association. The plaintiffs sought injunctive relief to keep Mr. Farenthold's name on the primary ballot.

On December 20, 2017, the attorneys for the Democratic Party, an attorney for the Republican Party, and an attorney for the Secretary of State all convened for a telephone conference before a judge in the Western District of Texas. The judge informed the attorneys for the parties that he was disinclined to grant injunctive relief that would affect 254 counties, prolong primaries, and cause expense in reprinting ballots unless everyone was in agreement with that. Of course, the Republican Party and the Secretary of the State was not on board with such relief, and the attorney for the Secretary of State also emphasized that the Secretary of State's Office does not have the authority under state law to remove a candidate from the ballot and this is a party matter. The judge denied the temporary restraining order. On that same day, the plaintiffs filed a Rule 41 Stipulation of Dismissal pursuant to the ruling of the judge to deny the temporary restraining order. The court entered a final judgment dismissing the action without prejudice on December 20, 2017 as well.

This case is now closed.

Summary Authors

Elizabeth Haskins (11/23/2023)

(11/22/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6245048/parties/texas-democratic-party-v-republican-party-of-texas/


Judge(s)

Yeakel, Earl Leroy (Texas)

Attorney for Plaintiff

Brazil, K. Scott (Texas)

Dunn, Chad W. (Texas)

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Documents in the Clearinghouse

Document
7

1:17-cv-01186

Final Judgment

Texas Democratic Party v. Republican Party of Tex

Dec. 20, 2017

Dec. 20, 2017

Order/Opinion
5

1:17-cv-01186

Plaintiffs' Rule 41 Stipulation of Dismissal

Texas Democratic Party v. Republican Party of Tex

Dec. 20, 2017

Dec. 20, 2017

Settlement Agreement
1

1:17-cv-01186

Plaintiffs' Original Complaint and Application for TRO and Application for Preliminary Injunction and Application for Permanent Injunction and Request to Schedule Immediate Hearing

Texas Democratic Party v. Republican Party of Tex

Dec. 20, 2017

Dec. 20, 2017

Complaint
3

1:17-cv-01186

Plaintiffs' Application for TRO, Preliminary and Permanent Injunction

Texas Democratic Party v. Republican Party of Tex

Dec. 20, 2017

Dec. 20, 2017

Pleading / Motion / Brief
8

1:17-cv-01186

Transcript of Telephone Conference before the Honorable Lee Yeakel

Texas Democratic Party v. Republican Party of Tex

Jan. 31, 2018

Jan. 31, 2018

Transcript

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6245048/texas-democratic-party-v-republican-party-of-texas/

Last updated Aug. 10, 2025, 10:36 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Application for Temporary Restraining Order and Application for Preliminary Injunction and Application for Permanent Injunction and Request to Schedule Immediate Hearing ( Filing fee $ 400 receipt number 0542-10292166). No Summons requested at this time, filed by Texas Democratic Party, Gilberto Hinojosa. (Attachments: # 1 Civil Cover Sheet)(Dunn, Chad) (Entered: 12/20/2017)

1 Civil Cover Sheet

View on PACER

Dec. 20, 2017

Dec. 20, 2017

Clearinghouse

Case Assigned/Reassigned

Dec. 20, 2017

Dec. 20, 2017

PACER

Case assigned to Judge Sam Sparks. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (afd)

Dec. 20, 2017

Dec. 20, 2017

PACER
2

ORDER REASSIGNING CASE. Case reassigned to Judge Lee Yeakel for all proceedings. Judge Sam Sparks no longer assigned to case. Signed by Judge Sam Sparks. (td) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
3

MOTION for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction by Gilberto Hinojosa, Texas Democratic Party. (Attachments: # 1 Attachment (Declaration), # 2 Proposed Order)(Dunn, Chad) (Entered: 12/20/2017)

1 Attachment (Declaration)

View on RECAP

2 Proposed Order

View on RECAP

Dec. 20, 2017

Dec. 20, 2017

Clearinghouse
4

CERTIFICATE OF SERVICE by Gilberto Hinojosa, Texas Democratic Party 1 Complaint, 3 MOTION for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction (Dunn, Chad) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
5

STIPULATION of Dismissal by Gilberto Hinojosa, Texas Democratic Party. (Dunn, Chad) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

Clearinghouse
6

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 12/20/2017 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(td) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
7

FINAL JUDGMENT. Signed by Judge Lee Yeakel. (td) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

Clearinghouse
8

Transcript filed of Proceedings held on December 20, 2017, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/21/2018, Redacted Transcript Deadline set for 3/5/2018, Release of Transcript Restriction set for 5/1/2018, (Rodriguez, Arlinda) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Dec. 20, 2017

Closing Date: Dec. 20, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Texas Democratic Party and Chairman of the Texas Democratic Party

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Republican Party of Texas, Political Party

Rolando B. Pablos, Secretary of State for the State of Texas, State

James R. Dickey, Chairman of the Republican party of Texas Texas, Political Party

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Candidate qualifications

Election administration