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Party Loyalty Oath

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
September 14, 2023

Kucinich v. Texas Democratic Party (Lee Yeakel, W.D. Tex. 1:08-cv-7)
Two months before Texas’s 2008 Democratic presidential primary election, a candidate filed a federal constitutional challenge to the state party’s loyalty oath for presidential candidates. The district court conducted a proceeding on the day that the case was filed. The judge and the parties agreed to a bench trial nine days later. The court ruled against the candidate at the conclusion of the trial and issued an opinion six days later. The court of appeals agreed that the loyalty oath was not unconstitutional.
Subject: Getting on the ballot. Topics: Getting on the ballot; party procedures.

One of many Case Studies in Emergency Election Litigation.