Texas Cases August 25, 2020: In re Tex. House Republican Caucus PAC
Court: Texas Court of Appeals
Date: Aug. 25, 2020
Case Description
In re Texas House Republican Caucus PAC, Senator Brandon Creighton (SD 4),
Senator Larry Taylor (SD 11), Senator Pete Flores (SD 19), Rep. Cody Harris (HD 8),
Justin Berry (HD 47), Rep. Phil King (HD 61), Rep. Phil Stephenson (HD 85),
Rep. Candy Noble (HD 89), Rep. Dan Huberty (HD 127), Rep. Jim Murphy (HD 133),
Rep. Valoree Swanson (HD 150), Republican Party of Harris County,
Republican Party of Travis County, and Republican Party of Tarrant County
NO. 03-20-00424-CV
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
August 25, 2020
ORIGINAL PROCEEDING
MEMORANDUM OPINION
Relators filed their petition for writ of mandamus three days after the statutory deadline to have ineligible candidates' names omitted from the ballot. See Tex. Elec. Code § 145.035; see also id . § 145.039 ("If a candidate dies or is declared ineligible after the 74th day before election day, the candidate's name shall be placed on the ballot."). Relevant here, the 74th day before election day was August 21, 2020. Accordingly, the petition for writ of mandamus is dismissed as moot. See In re The National Republican Congressional Committee , Nos. 03-20-00421-CV & 03-20-00422-CV, --- S.W.3d --- (Tex. App.—Austin Aug. 25, 2020, orig. proceeding).
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Chari L. Kelly, Justice
Before Chief Justice Rose, Justices Baker and Kelly
Dissenting Opinion by Chief Justice Rose
Filed: August 25, 2020