Dear Chairman Berman,
I appreciated the opportunity to testify for HB2280 on Wednesday, April 4, 2007.
As I stated in my testimony, the real issue is open access to the ballot.
You have stated a main concern over the issue of whether or not signing a petition is the same as voting, i.e.. voting twice. Let me assure you that I and our Party, do not condone manipulation of the ballot nor of voter fraud, nor of voting twice.
The issue in HB2280 is who is the valid signer on a petition for a political party to be present on the ballot during a general election.
Texas election laws have created arbitrary hurdles to entry into the electoral process by forcing most people outside of the two major parties to sign petitions just to participate in our God given right to the ballot. In effect, the right to vote is contingent upon meeting legislative defined hurdles. You have a valid concern over voting twice, however, by signing a petition, the signer is only stating that the organization getting the petitions signed have a right to be on the ballot.
Here is the exact language that is read to every petition signer:
"I know that the purpose of this petition is to entitle the __________________________________ Party to have its nominees placed on the ballot in the general election for state and county officers. I have not voted in a primary election or participated in a convention of another party during this voting year, and I understand that I become ineligible to do so by signing this petition. I understand that by signing more than one petition to entitle a party to have its nominees placed on the general election ballot in the same election is prohibited."
HB2280 is very specific as it would only remove the part about participating in a primary.
Please take notice that the petition specifically addresses nominees and not candidates.
It is quite obvious that the signature placing the party on the ballot has no bearing on who becomes our nominees. Therefore signing the petition is not a nominating process and we do not recognize it as such.
In summary, signing a petition is not a vote! The petition has no place for a person to cast a vote as there is no person to vote for and it is not a nominating process as we nominate our candidates at our convention. Therefore under HB2280 there is no voting twice issue in our opinion.
If however, you still contend that signing a petition is voting twice, then we have a most serious issue that must be resolved immediately, and that is, access to the ballot in Texas unconstitutionally disenfranchises every Texas voter who signs any petition. Under your contention that signing a petition is voting twice, everyone and anyone who signed a petition can not and should not vote in the general election! This is a very serious issue!
Thus, all ballot access laws requiring signatures to be placed on the ballot must be repealed immediately and I ask that you lead this cause today.
I would be happy to sit down and discuss HB2280 or any other bill or issue dealing with access to the ballot for Texas voters should you request such a meeting. I can be reached at 817-637-6351.
I remain your servant,
Bryan Malatesta
Chairman, Constitution Party of Texas
Chairman@cptexas.org
817-637-6351
2721 N Hill Terrace
Cleburne, TX 76031