Judge Grants Hearing Before Texas Primary

By JIM VERTUNO Associated Press Writer

AUSTIN (AP) – A federal judge has agreed to consider before the March 4 primary whether Texas law banning groups from spending money to influence the election of the speaker of the state House of Representatives is unconstitutional.

The timing of the Feb. 26 hearing is crucial because if the groups challenging the law prevail, it could spark a flurry of spending and campaigning in the last few days before the primary.

U.S. District Judge Lee Yeakel agreed Wednesday to consider whether he should grant a preliminary injunction, making the law unenforceable, while the case is pending in court.

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.

(Copyright 2008 by The Associated Press. All Rights Reserved.)