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Assistant Attorney General Page 2
<br />Washington, D.C. 11-10-75
<br />(1) Alternate filing procedure.
<br />Article IX, Section 85, of the Home Rule Charter of the City of
<br />La Porte, certified copy of which is attached hereto, provides
<br />for a filing fee of $100.00 for the office of Mayor, and $50.00
<br />for the office of Commissioner, which filing fees had been enforced
<br />at their maximum level as provided in the Home Rule Charter, for
<br />many years.
<br />In 1971, the United States District Court for the Southern District
<br />of Texas, Houston Division, had occasion to strike down as uncon-
<br />stitutional, mandatory filing fee requirements for City office,
<br />in the City of Houston. (The Socialist Workers Party, et al, vs.
<br />Mayor Louis Welch, et al, Civil Action No. 71-H-462; Ovide Duncan -
<br />tell, et al, vs. City of Houston, et al, Civil Action No. 71-H-1035.
<br />Copies of these opinions are attached hereto.)
<br />The La Porte City Commission, being advised by legal counsel that
<br />the constitutional objections to the filing fee requirements would
<br />probably be obviated if a reasonable alternative to the.payment of
<br />filing fees were provided, as a means of access to the ballot, on
<br />October 1, 1973, passed and approved Ordinance No. 968, providing
<br />such an alternative by means of a nominating petition, requiring a
<br />maximum of fifty signatures. This Ordinance remains in full force
<br />and effect, and the alternative means of access to the ballot has
<br />been used by several candidates in the two annual elections which
<br />have transpired since the effective date of the Ordinance. This
<br />Ordinance was not passed under any direct threat of litigation,
<br />but rather in,an effort to give recognition to changes in the law
<br />as reflected in Court decisions.
<br />(2) Change in polling place.
<br />La Porte is a small City in the Southeastern portion of Harris
<br />County, Texas, in which the principal metropolitan area is the
<br />City of Houston. The City of La Porte had a population of 7,149
<br />in the 1970 U. S. Census. As permitted by State election law,
<br />City of La Porte municipal elections have always been held at one
<br />polling place, and, for many -years, this polling place was the
<br />City Commission chambers in the City Hall, 124 S. 2nd Street,
<br />La Porte, Texas.
<br />Because of congestion caused by pedestrian and automobile traffic,
<br />and the small quarters available, the La Porte City Commission
<br />changed the polling place from the City Hall to the new La Porte
<br />Civic Center, 618 San Jacinto Street, La Porte, Texas, beginning
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