Fitch v. Fourteenth Court of Appeals

In Fitch v. Fourteenth Court of Appeals, 834 S.W.2d 335, 337-38 (Tex. 1992), the Court determined whether we should remove a candidate's name from the general primary election ballot because her petition stated only that she was running for the March 1992 primary and did not identify the Democratic primary. Fitch, 834 S.W.2d at 336. Relying on a Code provision stating that the candidate's petition is part of his or her application, we concluded that Fitch's petition was adequate because her application stated she was applying for the Democratic primary election. Fitch, 834 S.W.2d at 337. The information on the candidate's petition in Fitch was not pertinent to the voters' eligibility. Rather, the information's purpose was to advise the voter about the candidate. In 1997, the Legislature amended the Code provision the Fitch Court relied upon to expressly state that "the petition is not part of the application for purposes of determining compliance with the requirements applicable to each document, and a deficiency in the requirements for one document may not be remedied by the contents of the other document." TEX. ELEC. CODE 141.032(c); see Fitch, 834 S.W.2d at 338 (Hecht, J., dissenting). This demonstrates that the 1997 Code amendments evidence the Legislature's approval or disapproval of prior case law. Thus, the amendment to section 141.032(c) disavows Fitch, while the amendment adding section 141.063(d) approves only those cases allowing a petition to omit the state or zip code.