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