Hearing Will Be Held On Constitutionality Of Speaker Statute Before Primary

Federal District Judge Lee Yeakel has announced that he will hold a hearing on February 26 to determine whether the so-called “speaker statute,” the law that forbids groups from spending money to influence the election of the speaker of the Texas House is constitutional.

If Yeakel rules, prior to the primary, that the law is unconstitutional, barring any quick intervention by the Fifth Circuit Court of Appeals, expect millions of dollars on both sides to flow like water into local primary elections for state representative.

More from the DMN:

Civil liberties and advocacy groups that often oppose each other have joined forces in challenging the law. The American Civil Liberties Union and the notably conservative Free Market Foundation and the Texas Eagle Forum call the law an assault on free speech.

The law bans organizations or groups from spending “anything of value” to influence the election of the speaker, the House leader who is chosen by legislators every two years.

The penalty for a violation is up to one year in jail and a $4,000 fine, although the groups say there’s no evidence it has ever been enforced.

Republican Attorney General Greg Abbott’s office is defending the law for the state.

They speaker’s race, usually a public afterthought in a campaign season, is a critical topic in several House races — Democrat and Republican — after a failed attempt to oust Republican Speaker Tom Craddick of Midland in the waning days of the 2007 legislative session.

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