in Re Keith Judd ( 2016 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00021-CV
In re Keith Judd
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator Keith Judd, who indicates that he has been or will be certified to appear as
a candidate for President of the United States on the 2016 Texas Democratic Primary ballot, has
filed an “Emergency Petition for Writ of Mandamus” in which he challenges, on various federal
constitutional grounds, Texas statutes that would exclude him from the franchise (and thus the
opportunity to vote for himself) based on his prior felony conviction.1 We deny the petition.2
1
Judd’s right to appear on the ballot as a presidential candidate despite his felony
conviction was the subject of In re Judd, No. 03-15-00595-CV, 2015 Tex. App. LEXIS 10808,
at *3–7 (Tex. App.—Austin Oct. 21, 2015, orig. proceeding) (mem. op.) (citing LaRouche
v. Hannah, 822 S.W.2d 632, 632–34 (Tex. 1992) (per curiam)).
2
See, e.g., Richardson v. Ramirez, 418 U.S. 24, 53–56 (1974) (upholding constitutionality
of state laws disenfranchising felons); Shepherd v. Trevino, 575 F.2d 1110, 1112–13 (5th Cir. 1978)
(same); cf. LaRouche, 822 S.W.2d at 633 (emphasizing that “the United States Constitution
establishes the exclusive requirements for the office of the President, and that those requirements
make no reference to criminal convictions”).
__________________________________________
Bob Pemberton, Justice
Before Chief Justice Rose, Justices Pemberton and Bourland
Filed: January 13, 2016
2