In Re Newton

in which Chief Justice JEFFERSON, Justice OWEN, Justice O’NEILL, Justice SMITH, Justice WAINWRIGHT, and Justice BRISTER joined.

On October 18, 2004, the first day of early voting for the general election,1 Bobby Glaze and David Leibowitz, Democratic Party candidates for election to the Texas House of Representatives, districts 5 and 117 respectively, sued Associated Republicans of Texas Political Action Committee, an incorporated general-purpose political committee under the Texas Election Code,2 and its treasurer, Norman F. Newton, (collectively “ART PAC”) for declaratory and injunctive…