Inside the Democrats' Battle to Take Back Texas
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Chiafalo-Reply-20-04-30 FINAL
No. 19-465 IN THE Supreme Court of the United States PETER BRET CHIAFALO, LEVI JENNET GUERRA, AND ESTHER VIRGINIA JOHN, Petitioners, v. STATE OF WASHINGTON, Respondent. On Writ of Certiorari to the Supreme Court of Washington REPLY BRIEF FOR PRESIDENTIAL ELECTORS L. LAWRENCE LESSIG Counsel of Record JASON HARROW EQUAL CITIZENS 12 Eliot Street Cambridge, MA 02138 (617) 496-1124 [email protected] (additional counsel on inside cover) SUMEER SINGLA JONAH O. HARRISON DANIEL A. BROWN ARETE LAW GROUP PLLC HUNTER M. ABELL 1218 Third Ave. WILLIAMS KASTNER & Suite 2100 GIBBS, PLLC Seattle, WA 98101 601 Union St. (206) 428-3250 Suite 4100 Seattle, WA 98101 (206) 628-6600 DAVID H. FRY J. MAX ROSEN MUNGER, TOLLES & OLSON LLP 560 Mission St., 27th Floor San Francisco, CA 94105 (415) 512-4000 i TABLE OF CONTENTS PAGE TABLE OF CONTENTS ............................................... i TABLE OF AUTHORITIES ......................................... ii INTRODUCTION ......................................................... 1 I. The Framers Explicitly Rejected Any Direct Mode For Choosing The President, And Chose Instead An Indirect Method That Requires Elector Discretion. ............................................. 3 II. Recognizing A Constitutional Discretion In Electors Is Compelled By Ray v. Blair. ............ 7 III. Washington Has Identified No Power To Authorize Its Regulation Of The “Federal Function In Balloting.” .................................... 13 IV. A Political Pledge Has Never Been Legally Enforceable. ...................................................... 17 V. There Is A Continuing Need For Elector Discretion Within Our System For Electing The President. .................................................. 20 CONCLUSION ........................................................... 23 ii TABLE OF AUTHORITIES PAGE(S) FEDERAL CASES Arizona State Legislature v. Arizona Independent Redistricting Commission, 135 S. Ct. 2652 (2015) ..................... 13 Bogan v. Scott-Harris, 523 U.S. -
Resolutions to Censure the President: Procedure and History
Resolutions to Censure the President: Procedure and History Updated February 1, 2021 Congressional Research Service https://crsreports.congress.gov R45087 Resolutions to Censure the President: Procedure and History Summary Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or other government official. While Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section 5), non-Member censure is not. Rather, it is a formal expression or “sense of” one or both houses of Congress. Censure resolutions targeting non-Members have utilized a range of statements to highlight conduct deemed by the resolutions’ sponsors to be inappropriate or unauthorized. Before the Nixon Administration, such resolutions included variations of the words or phrases unconstitutional, usurpation, reproof, and abuse of power. Beginning in 1972, the most clearly “censorious” resolutions have contained the word censure in the text. Resolutions attempting to censure the President are usually simple resolutions. These resolutions are not privileged for consideration in the House or Senate. They are, instead, considered under the regular parliamentary mechanisms used to process “sense of” legislation. Since 1800, Members of the House and Senate have introduced resolutions of censure against at least 12 sitting Presidents. Two additional Presidents received criticism via alternative means (a House committee report and an amendment to a resolution). The clearest instance of a successful presidential censure is Andrew Jackson. The Senate approved a resolution of censure in 1834. On three other occasions, critical resolutions were adopted, but their final language, as amended, obscured the original intention to censure the President. -
The Rules of the Texas Democratic Party to the Extent Permitted by the Texas Election Code:A
The Rules of the Texas 2019- Democratic 2020 Party adopted June 8, 2019 State Democratic Executive Committee 1106 Lavaca • Austin, TX 78701 P.O. Box 116 • Austin, TX 78767 512-478-9800 www.txdemocrats.org Paid for by the Texas Democratic Party • www.txdemocrats.org • This communication not authorized by any candidate or candidate’s committee. Table of Contents RULES OF THE DEMOCRATIC PARTY OF TEXAS I. STATEMENT OF PRINCIPLES . 1 A. Beliefs . 1 B. Declarations . 1 II. NAME, MEMBERSHIP AND OFFICERS . 2 A. Name . 2 B. Membership . 2 C. Party Officers . 2 III. EXECUTIVE COMMITTEES . 2 A. Duties of Executive Committees . 2 B. General Rules . 3 C. Election Matters . 3 1. Certification of Candidates 2. Referendum Issues D. State Democratic Executive Committee . 4 1. Officers 2. SDEC Members 3. Removal 4. Advisory Committee E. County Executive Committee . 6 1. Members 2. Officers 3. Qualifications 4. Election Procedure 5. Vacancies 6. Duties and Responsibilities 7. Meetings 8. Expenditure of Funds 9. County Executive Committee Quorum 10. Meeting of the County Executive Committee F. District Executive Committee . 10 1. Members 2. Officers 3. Duties 4. Other “District Committees” 5. Meetings G. Precinct Executive Committee for the Purpose of Filling a Commissioner or Justice or Constable Precinct Candidate Vacancy . 10 H. Removal From Office for Endorsing Opposing Party or Candidate . 11 I. Duties of District Committees in Special Elections . 11 IV. PARTY CONVENTIONS . 12 A. General Rules Governing Party Conventions . 12 1. Compliance with Rules 2. Publicizing Meetings 3. Rules 4. Voting 5. Media 6. Minority Reports 7. Resolutions 8. Rules 9. -
Senate Election of the Vice President and House of Representatives Election of the President
SENATE ELECTION OF THE VICE PRESIDENT AND HOUSE OF REPRESENTATIVES ELECTION OF THE PRESIDENT * William Josephson TABLE OF CONTENTS I. INTRODUCTION......................................................................598 A. The Twelfth Amendment Procedures ..........................599 B. Presidential and Vice Presidential Terms.....................609 C. Outline of Article...........................................................612 II. SENATE VICE PRESIDENTIAL ELECTION..................................613 A. Two Highest Numbers on the List................................613 B. By When Must the Senate Vote? ...................................614 C. Absent Senators..............................................................618 D. Cloture............................................................................618 E. The Vice President as President of the Senate.............618 F. Tie Senate Vote..............................................................619 G. Which Vice President?...................................................621 III. HOUSE PRESIDENTIAL ELECTION...........................................623 A. Previous House Presidential Elections..........................623 1. 1801 House Election...............................................623 2. 1825 House Election...............................................625 B. House Presidential Election Precedents and Issues.....626 1. 1801 and 1825 House Presidential Election Rules ........................................................................627 * William Josephson -
ETHJ Vol-14 No-2
East Texas Historical Journal Volume 14 Issue 2 Article 1 10-1976 ETHJ Vol-14 No-2 Follow this and additional works at: https://scholarworks.sfasu.edu/ethj Part of the United States History Commons Tell us how this article helped you. Recommended Citation (1976) "ETHJ Vol-14 No-2," East Texas Historical Journal: Vol. 14 : Iss. 2 , Article 1. Available at: https://scholarworks.sfasu.edu/ethj/vol14/iss2/1 This Full Issue is brought to you for free and open access by the History at SFA ScholarWorks. It has been accepted for inclusion in East Texas Historical Journal by an authorized editor of SFA ScholarWorks. For more information, please contact [email protected]. VOLUME XIV 1976 NUMBER E,\ST TEXAS IIISTORICAL ASSOCIAT10"i OFFIORS Charlt~, K Phillip ... , Pre'IIJent .. Nacogd(l~hes CI;Jude H Hilli. Fir"tl Vict,;·Pre Idenl .. College Stillion Fred T;jrp)e~ SecomJ Vi\;e-Pre loenl . .Commerce \1r. Tl"lmmlC Jan Lo\\en Sel.:retar) LufKm DIRECTORS Filla B. hop Cnxkclt 1976 Mr J~re J.tCk'l n ~.,c,)gd,)(he.. 1976 I.ee L.a\\ rence rlkr 1976 I"raylnr Ru .. ell Mt Pk.I'Hlnt 1977 LOI' Parker Rt:.lUmollt 1977 Ralph Sleen !\i;lcllgll,,(hes 197K \1r.... E 11 l.a ..eter IIcnucl l'n I97K ~.DITORI\1. BOAR!) \"an .. her.lft B",m R bert Glll\ er T\Jer Ralph Good"m .Commerce Fmnk Jad,'1on .Commerl,,':e Archie P McDonilld. Editor-In- hief Nacogdoche.. Mr... , Charle, ~lartJn Midland lame, L Nich"l ... Nacuguoche... Ralph:\ \Voo\ler . .Beaumont \IE\IIlERHIP PATRO. -
Nuclear Weapons Are Indiscriminate
Copyright 2019 by Champion Briefs, LLC All rights reserved. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by an information storage or retrieval system, without the prior written permission of the copyright owner and the publisher. The Evidence Standard Jan/Feb 2020 The Evidence Standard Speech and Debate provides a meaningful and educational experience to all who are involved. We, as educators in the community, believe that it is our responsibility to provide resources that uphold the foundation of the Speech and Debate activity. Champion Briefs, its employees, managers, and associates take an oath to uphold the following Evidence Standard: 1. We will never falsify facts, opinions, dissents, or any other information. 2. We will never knowingly distribute information that has been proven to be inaccurate, even if the source of the information is legitimate. 3. We will actively fight the dissemination of false information and will provide the community with clarity if we learn that a third-party has attempted to commit deception. 4. We will never knowingly support or distribute studies, news articles, or other materials that use inaccurate methodologies to reach a conclusion or prove a point. 5. We will provide meaningful clarification to any who question the legitimacy of information that we distribute. 6. We will actively contribute to students’ understanding of the world by using evidence from a multitude of perspectives and schools of thought. 7. We will, within our power, assist the community as a whole in its mission to achieve the goals and vision of this activity. -
TX-23 District Primer
Know Before You Go: TX-23 District Primer May 2018 • Researched, summarized, and edited by Swing Left’s all-volunteer research team! In the last election, Republican Will Hurd won this district by only 3,000 votes (1%). That’s close! With your help, we’re going to win this seat for the Democrats in 2018. About the Incumbent About the Challenger Introduction: Republican Will Hurd promises that he’s Introduction: Democrat Gina Ortiz Jones is a U.S. Air “just getting started.” A 39-year-old African American who Force veteran serving as an intelligence officer in Iraq. She grew up in San Antonio, Hurd spent nine years in the served as director for investment at the Office of the U.S. Middle East and South Asia as an undercover CIA operative Trade Representative Enforcement. She earned her before joining Congress in 2015. master's and bachelor's degrees in economics and a bachelor's degree in East Asian studies all from Boston Issues: To increase border security, Hurd proposed University through ROTC, and a graduate degree from the considerable construction in Big Bend National Park. U.S. Army School of Advanced Military Studies. Jones was However, he opposes a border wall and called the Muslim raised and currently resides in San Antonio. Jones is a travel ban an "ultimate display of mistrust” that “will erode first-generation Filipina and a member of the LGBTQ allies’ willingness to fight with us.” He voted to freeze community. funding for Pell Grants, repeal the Affordable Care Act, and withhold funding to Planned Parenthood. -
Bulldogs Finish 0-9 As COVID Cuts Season Short
Howe High Presidential Luther, Springer INSIDE School moves to in Howe before online-only due election face-off in Texas Gardening, pg. 8 to multiple State Senate Veterans Day Parade info, pg. 9 timeline District 30 runoff Hot Jobs, pg. 10 COVID cases Business Directory, pg. 13-14 Texas History pg. 15 Howe ISD sent TUESDAY Shelley Luther Christian, pg. 16 the following TIMELINE and Drew Finance/Children, pg. 17 message to par- Springer spoke to Past front pages, pg. 18-26 Page 2 Pages 6 Page 13 Grayson Publishing, LLC © 2020 The Howe Enterprise Volume 58, Edition 26 Monday, November 9, 2020 Subscribe for free $0.00—online only Media projects Biden the winner, Catching re-elected to school evidence of widespread fraud in multiple states could deem premature call board, Tibbets wins open seat It sounds remarkably crazy to sound the alarm on this, but we cannot stress enough that what has just happened is a global coup d'etat against the United States government, particularly President Don- ald J. Trump. Complicit Clint Catching Lisa Tibbets players in the scheme are the mainstream media, so- Voter turnout was extreme- count of 1,447. Catching’s cial media platforms such President Donald Trump spoke early Wednesday morning and ly high all over the country total was a whopping 597 as Facebook, Twitter, declared victory after election counting halted as he showed a and that included record votes ahead of the next op- YouTube, and other tech clear path to victory. Photo by Carlos Barria/REUTERS. results for the Howe ISD ponent. -
2020 Senate Overview: Senate Is (Still) in Play
This issue brought to you by 2020 Senate Overview: Senate is (Still) In Play By Nathan L. Gonzales & Jacob Rubashkin APRIL 3, 2020 VOLUME 4, NO. 7 The spread of coronavirus has thrown even the most mundane tasks into uncertainty, yet the fight for the Senate remains the same. Control of the Senate was on the line before the health crisis and continues to be at stake in November. 2020 Senate Ratings Over the last year, the size and scope of the battlefield has evolved, Toss-Up almost all in favor of Democrats. Minnesota and New Hampshire, Collins (R-Maine)# Tillis (R-N.C.) currently held by Democrats, have dropped from the list of most McSally (R-Ariz.) competitive races, while Republican-held seats in Texas, Kansas, an additional Georgia seat and most recently Montana are now in play. Tilt Democratic Tilt Republican Democrats, however, have had a plausible path since at least October. Gardner (R-Colo.)# Republicans are now defending 10 of the 12 most competitive Lean Democratic Lean Republican Senate seats in the country. That discrepancy is part of the reason why Democrats are within striking distance of the net gain of four seats they Peters (D-Mich.) KS Open (Roberts, R) need for a majority. Democrats can also control the Senate by gaining Daines (R-Mont.) three seats and winning the presidential race. Ernst (R-Iowa) Some Republicans believe GOP senators could see a boost from the Jones (D-Ala.) coronavirus crisis because it’s an opportunity to demonstrate tangible Likely Democratic Likely Republican work being done by Congress, including dispersing cash. -
2020 Election Recap
2020 Election Recap Below NACCHO summarizes election results and changes expected for 2021. Democrats will continue to lead the House of Representatives…but with a smaller majority. This means that many of the key committees for public health will continue to be chaired by the same members, with notable exceptions of the Appropriations Committee, where Chair Nita Lowey (D-NY) did not run for reelection; the Agriculture Committee, which has some jurisdiction around food safety and nutrition, whose Chair, Colin Peterson (D-MN) lost, as well as the Ranking Member for the Energy and Commerce Committee, Rep. Greg Walden, (R-OR) who did not run for reelection. After the 117th Congress convenes in January, internal leadership elections will determine who heads these and other committees. The following new Representatives and Senators are confirmed as of January 7. House of Representatives Note: All House of Representative seats were up for re-election. We list only those where a new member will be coming to Congress below. AL-1: Republican Jerry Carl beat Democrat James Averhart (open seat) Carl has served a member of the Mobile County Commission since 2012. He lists veterans’ health care and border security as policy priorities. Rep. Bradley Byrne (R-AL) vacated the seat to run for Senate. AL-2: Republican Barry Moore beat Democrat Phyllis Harvey-Hall (open seat) Moore served in the Alabama House of Representatives from 2010 to 2018. The seat was vacated by Rep. Martha Roby (R-AL) who retired. CA-8 Republican Jay Obernolte beat Democrat Christine Bubser (open seat) Jay Obsernolte served in the California State Assembly since 2014. -
HIT: Despite Campaigning Against Special Interests in Politics, Gina Jones Was Paid by a Massachusetts-Based Organization That Helped Her Run for Congress
HIT: Despite campaigning against special interests in politics, Gina Jones was paid by a Massachusetts-based organization that helped her run for Congress. The group’s founder admitted it paid candidates like Jones a stipend to cover expenses like rent, grocery bills and expenses. BACKUP: In 2018, Jones campaigned against special interests in politics and is currently endorsed by End Citizens United: • In 2018, Jones campaigned against special interests, big money, and dark money in politics, saying they “are corrupting trust in our democracy.” (“Gina Ortiz Jones for Congress,” Facebook, 10/4/18) • In June 2019, End Citizens United endorsed Jones for her 2020 campaign. “On Tuesday, national campaign finance reform group End Citizens United became the latest organization to endorse Democratic candidate Gina Ortiz Jones' second run for Congress. The endorsement brings Jones' total endorsements to nearly 30 since announcing on May 14 that she's again pursuing the seat held by Republican U.S. Rep. Will Hurd.” (Sanford Nowlin, “Gina Ortiz Jones Picks Up Early Endorsements for District 23 House Campaign,” San Antonio Current, 6/25/19) Jones’ income from 2019 is the first she’s received outside of rent in nearly three years: • On her 2020 financial disclosure, Jones disclosed earning $34,000 from New Politics Leadership Academy in 2019, her first earned income from a paying job since at least 2016. (2020 Personal Financial Disclosure, Filed 5/15/20) • Jones did not report any income outside of rent in 2016 or 2017. (2017 Personal Financial Disclosure, Filed 11/7/17) • Jones did not report any income in 2017 or 2018 outside of rent. -
Survey of Registered Voters in Texas
Texas Registered Voter Sample Field Dates: April 18-27, 2020 N= 1183 Adults (Registered Voters) Margin of error: +/- 2.85% Democratic Primary Run-off Sample, 447 Voters Margin of error: +/- 4.64% Survey of Registered Voters in Texas Do you consider yourself to be a Republican, Democrat, or neither? Code Weighted 1 Republican 38% 2 Democrat 39 3 Neither 24 Total = 1183 [If Republican or Democrat] Do you consider yourself to be a strong [Republican/ Democrat] or not strong [Republican/ Democrat]? OR [If independent, no preference, or other party] Do you think of yourself as closer to the Republican Party or to the Democratic Party? Code Weighted 1 Strong Republican 28% 2 Not strong Republican 11 3 Lean Republican, Independent 7 4 Lean to no Party, Independent 8 5 Lean Democratic, Independent 9 6 Not strong Democrat 13 7 Strong Democrat 24 Total = 1183 Using a 7-point scale where 1 is extremely liberal and 7 is extremely conservative, how would you rate your political views. Code Weighted Dem. Ind. Rep. 1 Extremely Liberal 7% 13% 3% 5% 2 Liberal 13 25 9 3 3 Slightly Liberal 7 11 8 1 4 Moderate, Middle of the Road 28 34 41 15 5 Slightly Conservative 11 7 13 13 6 Conservative 18 5 13 34 7 Extremely Conservative 12 2 4 26 8 Don’t Know 4 3 9 2 Total = 1183 417 277 489 1 How much do you agree with the statement? The coronavirus is a major health threat. Code Weighted Dem. Ind. Rep. 1 Strongly agree 68% 84% 66% 52% 2 Agree 20 10 16 32 3 Neither agree not disagree 6 4 8 8 4 Disagree 4 1 7 5 5 Strongly disagree 2 1 2 2 Total = 1183 417 277 489 How much do you agree with the statement? COVID-19 is as severe than the common flu.