It’s all about open access!

Hi, my name is Bryan Malatesta, and I am the chairman of the Constitution Party of Texas. First let me thank Rep. Mark Strama for spearheading this bill and for Chairman Berman for holding this hearing today.

Our members want to let this committee know that in the interest of time, and geographical diversity, I am speaking on behalf of our party membership. I hold in my hand a list of names of people, voters in Texas, voters who have a God given right to vote their conscience and most importantly, voters who if they could  - would be here today to testify, but they have acquiesced to my lead.

Chairman, our members have but one question in mind:

Are you or are you not for open access to the ballot box?

Let me explain.

What this issue boils down to is:

Who owns the vote? Does Austin own our Texas vote or do Texans own their vote?

The short answer is We the People of this great state of Texas own our vote.

Do we want more Texans involved in our constitutional republic? Wasn’t this past Governor’s race exciting with choices on the ballot?

As chairman of the Constitution Party of Texas, I would be remiss if I did not remind this committee, that prior to each one of you sitting as a Representative of the People of Texas, that the Texas Constitution, Article 16, Section 1 titled  Official Oath, states:

(a) All elected and appointed officers, before they enter upon the duties of their offices, shall take the following Oath or Affirmation: "I,  do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Representative of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God."

I will assume for arguments sake that all paperwork is in order for all committee members.

Does 1856 ring a bell with any members here? On June 17, 1856, the gavel fell for the first nominating convention, in Philadelphia, Pennsylvania, announcing the birth of the Republican Party as a unified political force. Hmm, makes me wonder how many signatures were signed and whether or not some of those who signed the petition for this new party voted in another party’s primary!

The Democratic Party traces its origins to the Democratic-Republican Party, founded by Thomas Jefferson and James Madison in 1792.

Can you see Thomas Jefferson skimming petition forms wanting to know if one voted in a primary? Picture him during the Constitution Ratification debates turning to James Madison, the father of the Constitution, and asking him, “Hey did your team get enough petitions signed to be on the ballot?”

It is absurd I know!

The issue before us is open access to the ballot.

I think we all have a voice to be heard, both from those whom I agree with to those whom I don’t… and this bill, HB2280 allows a simpler and better system for those who choose to participate in our constitutional republic. Citizens from around the globe beg to come to this Land on idealistic principles! Soldiers kill and are being killed for our Principles in America. We are fighting a war on foreign soil, where our brothers and sisters, mothers and fathers are dying daily. And what are they fighting for? They are fighting for the right to cast a VOTE – a right to the open access of the ballot box!

I ask you: Do our great citizens of Texas deserve the best? Yes, yes they do I say and we, and you as elected representatives of the People holding their best interest at heart need to lead this state and this nation in open access to the ballot.

They say everything’s bigger in Texas and politics is not immune!

It pains me and it should pain all of you elected representatives of the great State of Texas, that your fellow citizens are being denied the right to open access to the ballot.

Our members can not cast their vote, our members can not participate in support of their candidate! Why? Because of man made artificial hurdles that deny them, the good people of Texas - their God given right to vote for their principles, for their party, and for their candidate.

In essence because We the People of Texas don’t have reasonable access to the ballot box. This bill before us, HB2280 acknowledges and places the power right where it belongs….in the hands of the people! Through open access!

Our staff and members have looked for the delegated authority granted from the Texas People to their elected representatives on the issue of open access to their ballot in the Constitution. We haven’t seen it nor read it. The principles of constitutional government come from the principles of property. One can only exercise the power duly given, granted and delegated. Thus if power wasn’t delegated, power wasn’t given. It just doesn’t exist!

As elected representatives you represent ALL Texans, not just Texans in your own political parties camp. And not just Texans that you hang out with enjoying this great State. And not just Texans who give you campaign finances.

And I am sure that in the interest of representing ALL Texans, you will do the right thing, by placing your own personal party or ideology aside by voting for open access. Vote YES for HB2280.

It is a win for the great state of Texas, it’s a win for this great nation, it’s a win for the great People of Texas and it’s a win for what is right!

Thank you.