Texas citizen organizations filed a lawsuit Wednesday that challenges a state law prohibiting individuals and organizations from engaging in public debate on the election of the speaker of the Texas House of Representatives.
Under Texas law, it is illegal for organizations or groups of people to spend money that could influence the election of the Texas speaker. Those who filed suit said they interpret violations of the law to include making copies, e-mailing and making phone calls, among other things. A different section of the same law allows an individual to spend no more than $100 for the cost of correspondence to aid or defeat the election of a speaker candidate.
The Free Market Foundation, American Civil Liberties Union of Texas and the Texas Eagle Forum political action committee filed the suit in a U.S. District Court in Austin. The suit calls the law unconstitutional and comes three weeks before the March 4 primary election, in which all 150 state representatives will appear on the ballot. Members of the Texas Legislature elect the speaker of the House.
Breaking the law could result in penalties of up to one year in jail and a $4,000 fine, according to the plaintiffs.
The plaintiffs plan to file a motion for preliminary injunction and a motion to expedite the process to enact the preliminary injunction before the Texas primary, said James Ho, lead counsel for the plaintiffs. The injunction would allow organizations, groups of people and individuals to participate in public debate without penalty.
Ho said the law violates constitutional rights to free speech, petitioning government officials, associating with others to participate in political advocacy and equal protection laws.
Research shows no instances in which a government agency penalized someone for breaking this law, he said.
Kelly Shackelford, Free Market Foundation president, said the Texas Ethics Commission noted that it would under no uncertain terms enforce the law.
The lawsuit is not associated with current Speaker Tom Craddick or any speaker candidate, said Lisa Graybill, legal director of the American Civil Liberties Union of Texas. Craddick's term expires when the legislature reconvenes in 2009, but he has filed for re-election.
"It's really about the chilling effect that this law has on ordinary Texans who may want to make their political views known in this case about the speaker or who should or shouldn't be the speaker in the next election," Graybill said.
Executive director of the Texas Ethics Commission David Reisman, the eight Texas Ethics Commission members and Collin County District Attorney John Roach are the named defendants in the case.
A representative for the Texas Ethics Commission said the group cannot discuss pending litigation. Roach said he referred the complaint to Texas Attorney General Greg Abbott, but Roach said he has not decided what legal action to take regarding the case.
"It's the responsibility of elected officials to support the laws of the state of Texas, and that's what I intend to do if I'm called upon to act in that capacity," Roach said.
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