No. 24-854

Mark Miller, et al. v. Jane Nelson, Texas Secretary of State, et al.

Lower Court: Fifth Circuit
Docketed: 2025-02-11
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: anderson-burdick-test ballot-access election-law first-amendment fourteenth-amendment political-party-rights
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2025-03-21
Question Presented (AI Summary)

Whether a statutory scheme compelling candidates and political parties to spend substantial funds to qualify for the ballot violates the First and Fourteenth Amendments and imposes a severe burden under the Anderson-Burdick framework

Question Presented (OCR Extract)

It is undisputed that a state may not condition participation in its election s on the payment of a fee. In this case, the uncontroverted evidence establishes that a minor political party or independent candidate for statewide office must spend substantial funds—hundreds of thousands of dollars or more—to comply with the requirements to appear on the general election ballot in Texas. The Questions Presented Are : 1. Whether a statutory scheme that compels candidates and political parties to spend substantial funds to qualify for the ba llot violates the First and Fourteenth Amendments? 2. Whether a statutory scheme that compels candidates and political pa rties to spend substantial funds to qualify for the ballot imposes a “severe” burden under the Anderson -Burdick framework?

Docket Entries

2025-03-24
Petition DENIED.
2025-02-26
DISTRIBUTED for Conference of 3/21/2025.
2025-02-24
Waiver of Jane Nelson, et al. of right to respond submitted.
2025-02-24
Waiver of right of respondent Jane Nelson, et al. to respond filed.
2025-02-07
Petition for a writ of certiorari filed. (Response due March 13, 2025)
2025-01-02
Application (24A525) granted by Justice Alito extending the time to file until February 7, 2025.
2024-12-27
Application (24A525) to extend further the time from January 8, 2025 to February 7, 2025, submitted to Justice Alito.
2024-12-03
Application (24A525) granted by Justice Alito extending the time to file until January 8, 2025.
2024-11-22
Application (24A525) to extend the time to file a petition for a writ of certiorari from December 9, 2024 to January 23, 2025, submitted to Justice Alito.

Attorneys

Jane Nelson, et al.
Allison Marie CollinsTexas Office of the Attorney General, Respondent
Allison Marie CollinsTexas Office of the Attorney General, Respondent
Mark Miller, et al.
Oliver Barrett HallCenter for Competitive Democracy, Petitioner
Oliver Barrett HallCenter for Competitive Democracy, Petitioner