Ever since Gilbert Hinojosa was chairman of the Cameron County Democratic Party, every candidate who wanted to run in the primaries for the different positions was required to fill out something called a Candidate oath.
Today, with Hinojosa the Texas chairman of the Democratic party, the oath is still required to be signed by the candidates pledging to support the principles of the Democratic Party. Further, candidates signing the oath "pledge to support (and endorse) ALL nominees of the Democratic Party in the 2018 General Election, including, if applicable, my opponent.
The oath, not a requirement under the Texas Election Code to run for office, has to be filled out by the candidates before their filing was processed along with the filing fee. (Click on graphic to enlarge.)Why the candidates running as Democrats are required to sign the oath as a precondition to filing for office is a question many of them are asking now. If the state code does not require signing such an oath, can the Democratic Party stop the filing process until they do?
In the case of Robert Sanchez, who filed against Cameron County Judge Eddie Treviño in the primary, his designated treasurer Rebecca Gomez said that when she took his application to the party office, she was told that he wouldn't not be fully registered as a candidate until he filled the oath.
"I had to go back and take the oath form and have his sign it," she recalled. "I don't see why they require that since you are already filing as a Democrat."
Americans have become leery of loyalty or party oaths harking back to the McCarthy Era when applicants for government employment were required to take a loyalty oath. Usually the applicant pledged that they weren't communists and that they would fight against this county's enemies "foreign and domestic." Eventually, the courts struck them down, but not before many people's lives and careers had been ruined.
When Gomez ran for office – also for county judge – she recalled she was asked to sign the oath.
It hasn't happened that we know of, but if the local party chair – Amber Medina – or her secretary (Ramon Canales?), or anyone else in the office like Hinojosa's wife Cindy, required the candidates to fill the oath as a requirement to run for office, would that run contrary to the law?
Can a political party make up rules that supersede the state's?
24 comments:
Illegal, unenforceable and bullshit.
No. No, they can’t deny somebody who qualifies by law the ability to file to be on the ballot.
IT's akin to the Boy's Scouts Oath, you idiot. Not legal or illegal.
This is Gilberto's "palanca" oath.....and most of the elected officials in Cameron County have obviously sworn allegiance to this concept. It is a power play, initiated by Hinojosa, to control the party and its corruption here. This makes candidates more loyal to the Party than to the citizens. But, that is Hinojosa's way....Party before citizens.
gilberto hinojosa es un trampa deluxe
Whatever it takes the democrats to be honest……
Here is the oath authorized by the SOS's office. https://www.sos.state.tx.us/elections/forms/pol-sub/C30W.pdf
You will note in .008 the candidate has to request to take the oath as provided for in .007.
Sec. 162.007. AFFILIATION PROCEDURE: TAKING OATH AT PRECINCT CONVENTION. (a) This section applies only to a precinct convention held under this title by a political party making nominations by convention.
(b) On admitting a person for participation in the convention, the temporary chair shall administer to the person the following oath: "I swear that I have not voted in a primary election or participated in a convention of another party during this voting year. I hereby affiliate myself with the __________ Party."
(c) After administering the oath, the temporary chair shall request the person's registration certificate and stamp the party's name in the party affiliation space unless the party name has already been stamped in the space. If the person does not present a registration certificate, the temporary chair on the person's request shall issue the person an affiliation certificate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 108, eff. Sept. 1, 1997.
Sec. 162.008. AFFILIATION PROCEDURE: TAKING OATH GENERALLY. (a) A person may affiliate with a political party at any time by taking an oath of affiliation.
(b) On request of a person desiring to affiliate with a political party, a member of the county executive committee for the county in which the person resides or other person authorized by party rule shall administer the oath prescribed by Section 162.007(b).
(c) After administering the oath, the committee member or authorized person shall stamp the party's name on the person's registration certificate or issue the person an affiliation certificate as provided by Section 162.007(c)
Political Parties are private entities which must follow state law, but nothing in state law prohibits a loyalty oath. In 2009, the federal court of appeals anaswered this question.
In 2009, the Fifth Circuit Court of Appeals relied on Ray v. Blair when it rejected a challenge to a Texas Democratic Party rule requiring prospective presidential candidates to “fully support” the party’s presidential nominee, “whoever that shall be,” in order to qualify for the primary ballot. See Kucinich v. Texas Democratic Party, 563 F.3d 161 (2009).
Boy Scouts aren’t covered by the Election Code and fall under state law, you idiot. Even Bobby Wightman knows that.
If a candidate qualifies to be on the ballot you can’t have them meet additional qualifications you MAKE UP or deny access to appearing on the ballot if they don’t sign it.
^ Fail. You are too dumb to Internet.
Gilberto is a good man, stop your bull shit. If you don’t wish to agree simply agree to disagree. Don’t make a mountain out of a grain of salt!
Juan look at the RGV nominations for 2017
Erika magallanes, 😝 the joke of the year, what they woman has as loving, caring and compassionate is about the size of a chihuahua.
What a joke, Nelda, you know better.
The Magallanes are up to no good how horrible to receive an honor that you don’t deserve shame on you Erica
It is as akin as baptism is akin to demonic posession.
That’s not the same thing, Bobby. An oath of affiliation such as the one you describe is not applicable as latitude to reject a filing and deny a candidate who qualifies a place on the ballot. The Election Code prohibits additional criteria from being arbitrarily created. By being a registered voter and eligible to vote and everything else specific to the office sought, that person qualifies. You can’t make up shit and say “do this or we won’t take your filing.”
This is filing for office not a precinct convention. The oath of affiliation is when somebody hasn’t voted in the primary but wants to be a delegate to a party convention according to what you just posted. It’s not the same thing.
The word used is “entitled” to a place on the ballot, not “can be on the ballot if he satisfies this and whatever else the party comes up with other than a fee.”
SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
Sec. 172.021. APPLICATION REQUIRED. (a) To be entitled to a place on the general primary election ballot, a candidate must make an application for a place on the ballot.
(b) An application must, in addition to complying with Section 141.031, be accompanied by the appropriate filing fee or a petition in lieu of the filing fee that satisfies the requirements prescribed by Section 141.062.
Erica Magallanes? WTF didn't she used to work in the same County tax office with Tony Yzaguirre jr a friend of gilberto and juan magallanes aka a dist judge now and learned all of tony Y good deeds or ways? lol?
Erika magallanes, nominated hahahahahaha who was the idiot that was so stupid to write such an atrocious request? That entire family is as evil as it gets, the devil won’t want them in fear of replacement. WTF
Shut up Cindy!
the irony here is that everyone knows the Gilberto already has his supported favorites in the races and is not unbiased in who he supports against other democratic candidates. Therefore this "oath" doesn't not apply to him or his packrat group of democratic buddies.
That's just not true to say that it is a "power play," because we expect a candidate running under the democratic ticket to support party ideology and respect the party, unlike what Bernie Sanders did when he, used the democratic party and then spat on it the way he did, so its never been about "power play," but about following protocols of the party you run under. Only fair.
No mas trampa que los que ya estan alli rascandose los huevos sin hacer nada
Absolutely! Stop blaming Hinojosa for the failures of the County when it was Cascos who did nothing and Eddie Trevino, doing less.
Not true
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