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Discussion Thread: Texas Primary Today (3-4-14) ..first hand reports, observations, comments..
one man's opinion...

Posted on 03/04/2014 7:00:48 AM PST by ken5050

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To: JRandomFreeper; Marcella

Thanks. My exact question is: if, today, say, Stockman were to officially drop out (for whatever reason) before 7pm, but still his counted votes put Cornyn in a runoff, would Stockman still be on the runoff ballot?

And if he forces Cornyn into a runoff then drops out tomorrow (for whatever reason), does the nomination automatically go to Cornyn or does Cornyn have to runoff against the person who got the next most votes after Stockman?


101 posted on 03/04/2014 2:26:48 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl; JRandomFreeper

“Thanks. My exact question is: if, today, say, Stockman were to officially drop out (for whatever reason) before 7pm, but still his counted votes put Cornyn in a runoff, would Stockman still be on the runoff ballot?”

There is a cut off date to drop out and that is long gone - if a candidate drops out after that date, his name is still on the ballot. We had a county Republican county judge candidate die in September but his name had to stay on the ballot and this dead candidate almost won over the Democrat in November.

So, I think Stockman’s name would have to stay on there even if he “said” he was dropping out. If he is the one who got the second amount of votes, another candidate cannot be put in his place.


102 posted on 03/04/2014 2:34:38 PM PST by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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To: MplsSteve

“US Senators are Al Franken”

Bless your heart - I don’t know how you stand it to have Franken.


103 posted on 03/04/2014 2:42:23 PM PST by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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To: Marcella

This is also how the rat Tim Johnson? of ND kept his sen. seat all these years, even imcompacitated.


104 posted on 03/04/2014 2:48:50 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl

Tim Johnson is SD not ND


105 posted on 03/04/2014 2:52:00 PM PST by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: BigEdLB

Right, SD. Thanks.

And now we wait....


106 posted on 03/04/2014 2:55:14 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl; JRandomFreeper; Marcella; Theodore R.
Do you know about drop-outs in primaries?

I will await Marcella's answer to this. Like Johnny says, she's the instructor on this.

107 posted on 03/04/2014 2:57:28 PM PST by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: txhurl

This is the *anxiety* part! I’ll be checking back, through out the night. Please ping if any good news...or NEWS...arises. Thanks.


108 posted on 03/04/2014 2:59:38 PM PST by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: txhurl

John Thune lost to Johnson’s cadre of deceased Sioux coming back from the spirit world to get Johnson re-elected...


109 posted on 03/04/2014 3:03:36 PM PST by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: All

Hubby, daughter, son-in-law, and I did our part today. Voted Tea party endorsed all the way. Hoping to get Cornyn to a run off and Dewhurst gone. No more Bushes, as well. Time will tell. Voters in our heavily republican polling place were slowly but steadily arriving.


110 posted on 03/04/2014 3:04:06 PM PST by betsyross60
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To: Jane Long; Arrowhead1952

I have an invitation to our precinct’s after-party, but I won’t go. My nerves are too shot to go hang out.

OTOH, I did NOT buy that champagne, which, with my luck means I might actually have needed it!

T-120 and counting.


111 posted on 03/04/2014 3:05:22 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: Jane Long

See my post 102.


112 posted on 03/04/2014 3:06:38 PM PST by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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To: Marcella

Voted for Stovall, but finally found a Stockman 'ad'. There's a chance we might have to get behind Stockman, which I'm perfectly OK with.

113 posted on 03/04/2014 3:18:00 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl

I’ll give you an example: in the Louisiana gubernatorial primary in 1987, Buddy Roemer finished first with about 33 percent; Edwin Edwards, second, with maybe 30 percent. Edwards withdrew, and Roemer became not only the nominee but the holder of the office, as LA has a jungle primary system. Can you name an instance where a No. 3 candidate moved up to No. 2 to enter a runoff with a No. 1 candidatde? No, because it has never happened.


114 posted on 03/04/2014 3:18:40 PM PST by Theodore R. (Alas: TX Republicans to endorse Cornball and George P! Stay tuned March 4)
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To: Marcella

If a candidate in a runoff “officially” withdraws, files the papers to leave the ballot, the other candidate is automatically the nominee.


115 posted on 03/04/2014 3:21:13 PM PST by Theodore R. (Alas: TX Republicans to endorse Cornball and George P! Stay tuned March 4)
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To: txhurl

116 posted on 03/04/2014 3:23:06 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: prairiebreeze
A man walked in and told the poll worker that he didn’t want to declare either party, he wanted to be able to vote for candidates in both part

This is not possible in any state for a primary, but it once was in WA State and maybe AK. But it is possible for all general elections in each state.

117 posted on 03/04/2014 3:23:06 PM PST by Theodore R. (Alas: TX Republicans to endorse Cornball and George P! Stay tuned March 4)
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To: txhurl; JRandomFreeper; Jane Long; greeneyes

“My nerves are too shot to go hang out.”

Please do not collapse if Cornyn wins today with over 50%. I will be surprised if he doesn’t win outright today. Be glad you live in a conservative state and that seat isn’t held by a definite liberal Democrat. I feel sorry for the fellow up north who has Democrat Senator Al Franken - now that would be a case of get drunk and get under the bed.

Cornyn ruled in favor of me in Opinion No. JC-0330. The Democrat District Attorney wanted me out of being the Judge of the Early Voting Ballot Board. Here is that opinion that saved me although I knew I was right and tried to get the District Attorney not to do this, but he did.

Instead of the word “is” made famous by Clinton, the District Attorney was convicting me using the word “or”.

Office of the Attorney General - State of Texas
John Cornyn

January 12, 2001
The Honorable Scott W. Rosekrans
San Jacinto County Criminal District Attorney
P.O. Box 430
Coldspring, Texas 77331 Opinion No. JC-0330
Re: Whether the wife of the chairman of the San Jacinto County Republican Party is prohibited from serving as a judge on the Early Voting Ballot Board (RQ-0276-JC)

Dear Mr. Rosekrans:
You have asked this office whether, pursuant to section 32.054 of the Election Code, the wife of the chairman of the San Jacinto County Republican Party is prohibited from serving as a judge on the Early Voting Ballot Board (”the board”). We conclude, as has the Elections Division of the Office of the Secretary of State, that she is not.
As you explain the situation which prompts your request, Marcella Shaw, wife of William Shaw, chairman of the San Jacinto County Republican Party, has been appointed as a judge of the Early Voting Ballot Board.(1) Mr. Shaw has no electoral opposition for his office.(2) Your office takes the view that because Mrs. Shaw is related within the second degree of consanguinity or affinity to the chairman of a political party, she is barred by section 32.054 of the Election Code from serving as a judge on the board. While an attorney for the Elections Division (”the division”) of the Secretary of State’s office had, as you inform us, agreed with your view in a telephone conversation, see Request Letter, note 1, at 1-2, the division has taken the contrary view in writing, both in a letter to your office and in a brief submitted to this office. See McGeehan Letter of 3/7/00, note 2, at 1.(3)
The Election Code section in question reads, in relevant part:
A person is ineligible to serve as an election judge or clerk in an election if the person is employed by or related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to an opposed candidate for a public office or the party office of county chair in the election.
. . . .
Tex. Elec. Code Ann. § 32.054(a) (Vernon Supp. 2000). An “election judge” for this purpose would include a judge of the Early Voting Ballot Board. See id. § 87.002; see also McGeehan Letter of 3/7/00, supra note 2, at 1.
In your view, as we understand it, a person is disqualified from service as an election judge if he or she is either employed by, or related within the prohibited degree to: “(1) an opposed candidate for public office; or (2) the party office of county chair.” Request Letter, supra note 1, at 4.
The division, on the other hand, reads the prohibition to apply to “an opposed candidate” for either: (a) public office, or (b) the party office of county chair. See McGeehan Brief of 10/6/00, supra note 3, at 2-3. “It has been the consistent interpretation of the Office of the Secretary of State that ‘opposed’ applies to both phrases.” Id. at 3.
We note at the outset that the Secretary of State is Texas’s chief election officer. See Tex. Elec. Code Ann. § 31.001(a) (Vernon Supp. 2000). As such, the Secretary is empowered to “assist and advise all election authorities with regard to the application, operation, and interpretation of [the Election Code] and of the election laws outside this code.” Id. § 31.004(a) (Vernon 1986). Accordingly, so long as the Secretary of State’s interpretation of an Election Code provision is a reasonable one that does not do violence to the statutory language, this office will defer to it. See Tarrant Appraisal Dist. v. Moore, 845 S.W.2d 820, 823 (Tex. 1993) (”Construction of a statute by the administrative agency charged with its enforcement is entitled to serious consideration, so long as the construction is reasonable and does not contradict the plain language of the statute.”); Rylander v. B&A Mktg. Co., 997 S.W.2d 326, 331 (Tex. App.-Austin 1999, no pet.); Tex. Att’y Gen. Op. Nos. JC-164 (1999) at 5-6; JC-117 (1999) at 6.
In this instance, the interpretation offered by the Elections Division is a reasonable one. The parallel phrases “a public office” and “the party office of county chair” would both, in the division’s reading, refer back to “an opposed candidate.” Grammar and sense in that instance are not offended. In the interpretation offered by your office, on the other hand, some phrase like “the person holding the party office” must be supplied because one cannot be employed by or related in the prohibited degree to “the party office of county chair.” See Laidlaw Waste Sys., Inc. v. City of Wilmer, 904 S.W.2d 656, 659 (Tex. 1995) (additional words should not be read into statute unless clearly necessary to give effect to legislative intent); Jones v. Liberty Mut. Ins. Co., 745 S.W.2d 901, 902 (Tex. 1988).
Nor are we persuaded by your argument that the Secretary of State’s reading renders the provision surplusage in the context of a general election because by that point, the parties will have chosen their county chairs. Early voting occurs in both primary and general elections. The relatives of opposed candidates for the office of county chair may not serve on the board during those elections in which their relatives have opposition. The legislature might have distinguished primary and general elections in this context more explicitly had it wished, but the fact that it did not wish to do so does not alter the statute’s meaning or render it meaningless.
Because the interpretation of the language of section 32.054 of the Election Code offered by the Office of the Secretary of State is reasonable and does not contradict the statutory language, we defer to it. The wife of the chairman of the San Jacinto County Republican Party, the chairman not being an opposed candidate for that office, is not prohibited by section 32.054 of the Election Code from serving as a judge on the Early Voting Ballot Board.
S U M M A R Y
The wife of the chairman of the San Jacinto County Republican Party, the chairman not being an opposed candidate for that office, is not prohibited by section 32.054 of the Election Code from serving as a judge on the Early Voting Ballot Board.
Yours very truly,

JOHN CORNYN
Attorney General of Texas
ANDY TAYLOR
First Assistant Attorney General
CLARK KENT ERVIN
Deputy Attorney General - General Counsel
SUSAN D. GUSKY
Chair, Opinion Committee
James E. Tourtelott
Assistant Attorney General - Opinion Committee

________________________________________
Footnotes
1. See Letter from the Office of Honorable Scott W. Rosekrans, San Jacinto County Criminal District Attorney, to Honorable John Cornyn, Texas Attorney General (Aug. 24, 2000) (on file with Opinion Committee) [hereinafter Request Letter].
2. See Letter from Ann McGeehan, Director of Elections, Office of the Secretary of State, to Robert S. Duboise, San Jacinto County Assistant Criminal District Attorney (Mar. 7, 2000) (on file with Opinion Committee) [hereinafter McGeehan Letter of 3/7/00].
3. See also Brief from Ann McGeehan, Director of Elections, Office of the Secretary of State, to Susan D. Gusky, Chair, Opinion Committee, Office of the Attorney General (Oct. 6, 2000) (on file with Opinion Committee) [hereinafter McGeehan Brief of 10/6/00].

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer
________________________________________


118 posted on 03/04/2014 3:26:05 PM PST by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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To: txhurl

119 posted on 03/04/2014 3:27:08 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl

120 posted on 03/04/2014 3:33:03 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: Marcella; txhurl

Thanks for the ping to your post #102.

This.....made my afternoon, though...

“I feel sorry for the fellow up north who has Democrat Senator Al Franken - now that would be a case of get drunk and get under the bed.”

LOLOL!! Thanks for putting it all into proper perspective ;) My nerves have been shot, too. My kids think I’ve lost it because I keep asking EVERYONE...Have you voted??? before I even ask them how they are, or say “hello”.

I think I’ll open a nice bottle of wine and hope for the best. Cheers ;)


121 posted on 03/04/2014 3:33:35 PM PST by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: txhurl

I could go on and on....


122 posted on 03/04/2014 3:35:13 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl

Creepy scene.


123 posted on 03/04/2014 3:38:14 PM PST by TADSLOS (The Event Horizon has come and gone. Buckle up and hang on.)
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To: txhurl
Here's another picture of Reid and McConnell


124 posted on 03/04/2014 3:39:41 PM PST by Paine in the Neck (Socialism consumes EVERYTHING)
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To: TADSLOS

I think it’s quite illustrative of where we are now.

Lord help us.


125 posted on 03/04/2014 3:39:49 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl

Gross....they eerily look alike. (Men and women!)

I’m so sick of these career politicians.


126 posted on 03/04/2014 3:42:13 PM PST by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: txhurl

127 posted on 03/04/2014 3:42:34 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl

128 posted on 03/04/2014 3:49:10 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: ken5050
TX US Senate returns will be here.

LINK TO TX SoS RETURNS

129 posted on 03/04/2014 3:54:52 PM PST by IllumiNaughtyByNature ($1.84 - The price of a gallon of gas on Jan. 20th, 2009.)
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To: corbe
Anyone know anything about Elisha Chan who is running for State Senator against Donna Campbell (other than the wiki page and her web site)

Donna Campbell is the incumbent, a first time state senator, and hit the ground running in Austin.

Chan's advertisements are misleading..Cut the budget..yeah, maybe the San Antonio City budget, since she was a City Councilwoman.

Campbell was the anti-GOP-e candidate, supported by conservatives, and Tep Partiers, and I am not sure why Chan chose to run against a staunch, solid, hard working conservative, except to do an "I'll show you" to the LGBT folks in San Antonio who forced her resignation from City Council.

130 posted on 03/04/2014 3:55:02 PM PST by sockmonkey (Of Course I didn't read the article. After all, this is FreeRepublic..)
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To: sockmonkey

What I’m most interested in is how Matt Beebe takes on Joe Straus.

Really praying for Matt to knock him out.

T-60.


131 posted on 03/04/2014 4:00:58 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: ken5050
I happened to see the Democrat voter count for our precinct when we voted.

Ballots issued for the Democrat primary:

by 11:00, 3

by 1:30, 8

by 3:30, 11

There was only one Democrat on the county ballot: he was running for County Chairman.

We hunt 'em with dawgs down heah...

132 posted on 03/04/2014 4:04:50 PM PST by okie01 (The Mainstream Media -- IGNORANCE ON PARADE)
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To: txhurl

Another hard one to take.

133 posted on 03/04/2014 4:07:22 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl

Our country needs statesmen who are not professional politicians supporting other professional politicians out of “professional courtesy”.


134 posted on 03/04/2014 4:23:07 PM PST by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: little jeremiah
NBC Nightly News of March 4 mentioned TX primary but only in relation to George P. expected to coast to the land commissioner position. It mentioned that he led the Pledge of Allegiance at the New Orleans convention in 1988, the one where Dan Quayle's draft status dominated everything else. People in TX must surely believe in George H.W., George W., Jebbie, and George P.!

The San Antonio local news bave much of its brief political coverage to Wendy Davis expected to coast to the Democrat nomination against Greg Abbott, who will watch his returns from San Antonio. Apparently, Wendy will be wooing them in Fort Worth.
135 posted on 03/04/2014 4:35:43 PM PST by Theodore R. (Alas: TX Republicans to endorse Cornball and George P! Stay tuned March 4)
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To: txhurl

I did not know that Straus had primary opposition; I doubt many of Straus’ constituents know that either. Many are truly uninformed in that district. It’s about Alamo Heights, I believe.


136 posted on 03/04/2014 4:37:25 PM PST by Theodore R. (Alas: TX Republicans to endorse Cornball and George P! Stay tuned March 4)
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To: txhurl

He (Perry) also endorsed Dewhurst (his LT. Gov) over SEN. Cruz, this is a prime example of political expediency, I believe he (Gov. Perry) has Convictions, he just seems, at times, to sell them to cheaply.


137 posted on 03/04/2014 4:38:28 PM PST by corbe (mystified)
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To: txhurl
Oh my!

Perry is going all GOPe on us huh?

He does have a pretty hot daughter though Katy...

138 posted on 03/04/2014 4:38:58 PM PST by Syncro (So? -Andrew Breitbart [1969-2012] RIP King of The New Media)
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To: sockmonkey

I met Donna Campbell at a Sarah Palin event, in Houston, when she was running (had a broken leg...lol..and lost) against Lloyd Dogface.

Was glad to see her run and win as a State Senator (good place to start). From what I’ve seen and gathered, she seems like the real deal. I know nothing about Elisha except for her billboards I’ve seen around Canyon Lake.


139 posted on 03/04/2014 4:42:45 PM PST by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: txhurl

That needed a BIG barf alert ;)

Why would Gov Tea Party even consider backing Senator RINO? I know the answer... :(


140 posted on 03/04/2014 4:44:43 PM PST by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: txhurl

http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.145.htm


141 posted on 03/04/2014 4:50:40 PM PST by deport
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To: Jane Long

I DON’T know the answer. Gov. Gregg Abbott does, maybe he’ll lay it all out in time.


142 posted on 03/04/2014 4:50:51 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl

We needed a national TEA groups to endorse early...and we didn’t get that. It’ll take a miracle to pull off an upset over Cornhole.


143 posted on 03/04/2014 5:00:27 PM PST by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: txhurl

Polls are closing results should be in soon


144 posted on 03/04/2014 5:00:50 PM PST by jpsb (Believe nothing until it has been officially denied)
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To: jpsb

Yes... is anybody watching local TV for the results? I don’t do the networks.


145 posted on 03/04/2014 5:01:39 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl

Nothing on local tv here (Galveston county)


146 posted on 03/04/2014 5:03:31 PM PST by jpsb (Believe nothing until it has been officially denied)
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To: deport; txhurl; Jane Long

“a candidate whose name is to appear on the ballot...”

That phrase means the candidate may withdraw BEFORE the ballots are printed and the name won’t appear. However, there is a date by which ballots must be printed and a candidate withdrawing after that date, cannot remove the name from the ballot so that name will get votes.

That is what happened to our county judge candidate who died. It was AFTER the ballots were printed, so the name could not be removed.


147 posted on 03/04/2014 5:06:20 PM PST by Marcella ((Prepping can save your life today. I am a Christian, not a Muslim.))
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To: Marcella; deport

Deport, which is your favorite SOS return link, again?


148 posted on 03/04/2014 5:09:27 PM PST by txhurl (Young the Giant, 'It's About Time')
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To: txhurl

Polls are still open in El Paso (so what) and will stay open in Travis Cty for an extra 2 hours.


149 posted on 03/04/2014 5:11:00 PM PST by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: ken5050

I got everyone I could to vote against Cornyn today.
I voted in Wichita Falls around 5:45, and there were probably twenty people voting in the GOP primary line.
Took me 10 minutes.
Nobody in the donkey line.


150 posted on 03/04/2014 5:11:01 PM PST by Clump ( the tree of liberty is withering like a stricken fig tree)
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