Hoot v. Brewer

I respectfully dissent from the majority opinion ordering that the name of the relator, Harmon Hoot, be placed on the general election ballot as an independent candidate.

It is undisputed that the provisions of the Election Code with reference to the placing of the names of independent candidates upon the general election ballot are mandatory and must be strictly complied with. McWaters v. Tucker, 249 S.W.2d 80 (Tex.Civ.App.—Galveston 1952, no writ); Geiger v. DeBusk, 534 S.W.2d 437 (Tex.Civ.App.—Dallas 1976, no writ).

The respondent has raised several irregularity issues in connection with the…