Thomas B. Love v. D. W. Wilcox

Summary

The Texas Supreme Court upheld the constitutionality of the statutory grant of original jurisdiction for mandamus, severed the invalid portion of the statute, and granted a writ of mandamus compelling the State Democratic Executive Committee to disregard its February 1, 1930 resolutions and to certify Love’s name on the primary ballot. The Court also held that the Committee lacks authority to exclude a candidate based on past voting or pledge violations and that the Chief Justice is not disqualified from hearing the case.