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STATE v. HODGES

No. 02-0518.

92 S.W.3d 489 (2002)

The STATE of Texas, McLennan County Democratic Party, and John Cullar, in his official capacity as County Chair of the McLennan County Democratic Party, Appellants, v. David L. HODGES, Appellee.

Supreme Court of Texas.

Decided August 21, 2002.

Attorney(s) appearing for the Case

R. John Cullar, R. Coke Mills, Mills Cullar & McLeod, LLP, Waco, Joseph David Hughes, Assistant Solicitor General, Julie Caruthers, Office of the Solicitor General, John Cornyn, Attorney General, Howard G. Baldwin, First Assistant Attorney General, Jeffrey S. Boyd, Michael Winget-Hernandez, Office of the Attorney General, Austin, for Appellants.

Roy L. Barrett, Naman Howell Smith & Lee, Waco, Keith C. Cameron, Naman Howell Smith & Lee, Austin, for Appellee.

Justice RODRIGUEZ delivered the opinion of the Court.

This direct appeal involves the construction and constitutionality of section 162.015 of the Texas Election Code, which prohibits a person from appearing on the general election ballot as a candidate for a political party "other than the party holding the primary in which the person voted or was a candidate." Tex. Elec.Code § 162.015(a)(2). There are two issues in this appeal: (1) whether section 162.015 can...

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