Texas Democratic Party v. Benkiser

Decision Date03 August 2006
Docket NumberNo. 06-50812.,06-50812.
Citation459 F.3d 582
CourtU.S. Court of Appeals — Fifth Circuit
PartiesTEXAS DEMOCRATIC PARTY; Boyd L. Richie, in his capacity as Chairman of the Texas Democratic Party, Plaintiffs-Appellees, v. Tina J. BENKISER, in her capacity as Chairwoman of the Republican Party of Texas, Defendant-Appellant.

Chad Wilson Dunn (argued), Brazil & Dunn, Martin Jonathan Siegel (argued), Watts Law Firm, Houston, TX, Mikal C. Watts, Watts Law Firm, Corpus Christi, TX, Richard A. Grigg, Law Offices of Dicky Grigg, Cristen D. Feldman, Crews & Elliott, Austin, TX, for Plaintiffs-Appellees.

James Bopp, Jr. (argued), Raeanna Sue Moore, Bopp, Coleson & Bostrom, Terre Haute, IN, for Benkiser.

R. Ted Cruz, Office of Sol. Gen., TX, Austin, TX, Amici Curiae for Williams.

Andrius R. Kontrimas, Jenkins & Gilchrist, Houston, TX, Amicus Curiae for Wallace for Congress.

Susan L. Hays, Curran Tomko Tarski, Dallas, TX, Amicus Curiae for 68th Texas Legislature.

Appeal from the United States District Court for the Western District of Texas.

Before BENAVIDES, DENNIS and CLEMENT, Circuit Judges.

BENAVIDES, Circuit Judge:

The chair of the Republican Party of Texas ("RPT") declared Representative Tom DeLay ineligible for election to the 22nd Congressional District of Texas. After the RPT declared DeLay ineligible, but before the Secretary of State removed his name from the ballot, the Texas Democratic Party ("TDP") sought an injunction to prevent the removal of his name and to prevent the RPT from replacing DeLay with a new candidate. The district court granted the injunction, holding that the RPT, through its leadership, created an unconstitutional pre-election residency requirement. We AFFIRM on the constitutional grounds enumerated by the district court and also AFFIRM on the alternative state law ground that the declaration violated the Texas Election Code.

I. FACTS AND PROCEDURAL BACKGROUND

On June 7, 2006, Defendant Tina J. Benkiser, the chairwoman of the RPT, declared DeLay ineligible for reelection as the United States Representative for Texas's 22nd District. She acted under the Texas Election Code provision that allows a party chair to declare a candidate ineligible. TEX. ELEC.CODE ANN. § 145.003(f) (Vernon 2003). DeLay had represented the 22nd District since 1984 and had won the Republican primary in March 2006. DeLay, however, announced on April 3, 2006, that he would resign from Congress and not seek reelection. Benkiser declared DeLay ineligible after receiving a letter from him advising her that he had moved to Virginia.1 The letter, dated May 30, 2006, included copies of DeLay's Virginia driver's license, Virginia voter registration, and employment withholding form reflecting Virginia as his residence. It is undisputed that Benkiser intended to replace DeLay on the ballot with a new candidate chosen by the RPT.

The TDP filed this suit in Texas state court on June 8, 2006, seeking declaratory and injunctive relief. The RPT removed the case to federal court, where on June 26, 2006, the court held a hearing on the merits. After receiving post-hearing briefs from both parties, the district court held that Benkiser's declaration of DeLay's ineligibility violated the Qualifications Clause of the Constitution. The court granted a permanent injunction that barred Benkiser from declaring DeLay ineligible and certifying to the Texas Secretary of State any candidate for the 22nd District other than DeLay. The court also declared that DeLay is "not ineligible" to be the Republican Party nominee and voided Benkiser's previous declaration. Finally, it prohibited the Secretary of State from removing DeLay's name from the ballot for the general election unless DeLay withdraws. The RPT appeals, arguing that the TDP lacks standing and that the district court erred in granting the injunction against Benkiser.

II. STANDARD OF REVIEW

The district court's interpretation of the Qualifications Clause is reviewed de novo. See United States v. Osborne, 68 F.3d 94, 98 (5th Cir.1995). Other legal issues, including questions of state statutory interpretation, also are reviewed de novo. See Stephens v. Witco Corp., 198 F.3d 539, 541 (5th Cir.1999). We accept the district court's findings of fact unless clearly erroneous. Hughes Training Inc. v. Cook, 254 F.3d 588, 592 (5th Cir.2001). Its decision to grant a permanent injunction after its decision on the merits is reviewed for abuse of discretion. McClure v. Ashcroft, 335 F.3d 404, 408 (5th Cir.2003).

III. DISCUSSION
A. The TDP Has Standing

Before addressing the merits of this appeal, we must determine whether the TDP has standing to sue. To satisfy the standing requirement, a plaintiff must show: (1) an injury in fact; (2) that is traceable to the defendant's challenged conduct; and (3) that is likely to be redressed by a favorable decision in the district court. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992); McCall v. Dretke, 390 F.3d 358, 361 (5th Cir.2004). We hold that the TDP has both direct and associational standing.

1. The TDP Has Direct Standing

First, the TDP has direct standing because DeLay's replacement would cause it economic loss. The district court found that the TDP would suffer an injury in fact because it "would need to raise and expend additional funds and resources to prepare a new and different campaign in a short time frame." Tex. Democratic Party v. Benkiser, ___ F.Supp.2d ___, 2006 WL 1851295, *2 (W.D.Tex. July 6, 2006) (hereinafter "Dist. Ct. Op."). This finding of financial injury is not clearly erroneous because it is supported by testimony in the record. In addition, economic injury is a quintessential injury upon which to base standing. E.g., Barlow v. Collins, 397 U.S. 159, 163-64, 90 S.Ct. 832, 25 L.Ed.2d 192 (1970).2

The RPT argues, however, that the TDP should be expected to absorb any additional costs that a replacement candidate would cause in order to promote the state's interest in voter choice. In addition, the RPT points out that its own candidate will have to put together a campaign in a short period of time. These fairness arguments have no place in the standing analysis. Indeed, the RPT's briefs confuse the issue of whether the TDP has shown an injury in fact with the different question of whether the TDP has a cause of action. The cases the RPT cites to support its fairness arguments were themselves decided on the merits.3 In short, regardless of the equities in this case, injury to the TDP's proverbial pocketbook is an injury in fact for standing purposes.

Turning to causation and redressability, the RPT's declaration of ineligibility and replacement of DeLay with a different candidate would be a but-for cause of the TDP having to expend additional money on a new campaign strategy. And the district court's injunction prevents the declaration of ineligibility and replacement, thereby redressing the TDP's injury.

A second basis for the TDP's direct standing is harm to its election prospects. The TDP's witnesses testified below that if the RPT were permitted to replace DeLay with a more viable candidate, then its congressional candidate's chances of victory would be reduced. In addition, according to the TDP, "down-ballot" Democratic candidates, like county commissioners and judges, would suffer due to the change's effect on voter turnout and volunteer efforts. The RPT contends that these harms do not amount to an injury in fact. Voluminous persuasive authority shows otherwise.4 We find these cases persuasive because a political party's interest in a candidate's success is not merely an ideological interest. Political victory accedes power to the winning party, enabling it to better direct the machinery of government toward the party's interests. See Storer v. Brown, 415 U.S. 724, 745, 94 S.Ct. 1274, 39 L.Ed.2d 714 (1974). While power may be less tangible than money, threatened loss of that power is still a concrete and particularized injury sufficient for standing purposes.

Having found injury in fact in the TDP's threatened loss of political power, we also find causation and redressability. The injury threatened to the TDP's electoral prospects is fairly traceable to Delay's replacement and likely would be redressed by a favorable decision, which would preclude a Republican replacement candidate.

2. The TDP Has Associational Standing

In addition, the TDP has associational standing on behalf of its candidate.5 Associational standing is a three-part test: (1) the association's members would independently meet the Article III standing requirements; (2) the interests the association seeks to protect are germane to the purpose of the organization; and (3) neither the claim asserted nor the relief requested requires participation of individual members. See Hunt v. Wash. State Apple Adver. Comm'n, 432 U.S. 333, 343, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1977).

Here, Nick Lampson, the Democratic party's candidate for DeLay's House seat, would have standing for similar reasons that the TDP has direct standing. The RPT's actions threaten his election prospects and campaign coffers. Persuasive authorities establish that such injuries are sufficient to give a candidate standing to protest the action causing the harm. See Krislov v. Rednour, 226 F.3d 851, 857 (7th Cir.2000); Fulani v. Hogsett, 917 F.2d 1028, 1030 (7th Cir.1990); Fulani v. League of Women Voters Educ. Fund, 882 F.2d 621, 626-27 (2d Cir.1989). In short the first element of associational standing is satisfied.

With respect to the second element of associational standing, the TDP undoubtedly seeks to protect its organizational interests. As the Supreme Court has noted, the goal of a political party is to gain control of government by getting its candidates elected. See Storer, 415 U.S. at 745, 94 S.Ct. 1274.

As to Hunt's third element, nothing requires the participation of Lampson himself. Lampson's...

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