Duncantell v. City of Houston, Texas

Opinion and Order:

SINGLETON, District Judge.

This case is presently before this one-judge court after a three-judge court disallowed itself in regard to plaintiffs’ attack on the Texas Election Code art. 13.53, V.A.T.S. As the three-judge hearing clearly established, article 13.-53 is merely permissive enabling legislation. This part of the Election Code could not have been violated by the defendants and does not create any case or controversy here for it is only an enabling statute. McCrimmon v. Daley, 418 F.2d 366 (7th Cir. 1969). The only acts under enforcement which could form the basis of…