Related links 2008 Texas Judicial Election Campaigns | 2010 Judicial Election Campaigns in Texas RECENT ELECTION-RELATED CASES FROM HOUSTON COURTS OF APPEALS Primary election contest brought by contributor to other candidate rejected on standing grounds In re Baker (Tex.App.- Houston [1st Dist.] Feb. 25, 2010)(Massengale) (petition dismissed for want of jurisdiction, contributor to other candidate had no standing to bring election contest) Baker filed this original proceeding, seeking to have the name of a Republican candidate for judicial office removed from the primary election ballot. We dismissed the petition for writ of mandamus for want of jurisdiction. We now substitute this opinion for our prior memorandum opinion, explaining our conclusion that Baker has failed to demonstrate his standing to bring this original proceeding. DISMISS PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Massengale Before Justices Jennings, Keyes and Massengale 01-10-00022-CV In re James A. Baker Election contest re: 308th District Court of Harris County No citizen standing to bring election contest: In re Jones, 978 S.W.2d 648 (Tex. App.—Amarillo 1998, orig. proceeding [mand. denied]), in which the court indicated that a petitioner’s status as a citizen or voter was insufficient to confer standing to challenge eligibility of a candidate for election. See Jones, 978 S.W.2d at 651 (citing Allen v. Fisher, 9 S.W.2d 731, 732 (1928)); Clifton v. Walters, No. 2-08-389-CV, 2010 WL 144164, at *3-4 (Tex. App.—Fort Worth Jan. 14, 2010, no pet. h.) (affirming finding of no standing to challenge candidates’ eligibility for election based on plaintiffs’ citizenship, voter, and taxpayer status) The Texas Election Code provides, “A candidate’s name shall be omitted from the general primary election ballot if the candidate withdraws, dies, or is declared ineligible on or before the 62nd day before general primary election day.” Tex. Elec. Code Ann. § 172.057 (Vernon 2003) (emphasis added). However, “[i]f a candidate who has made an application for a place on the general primary election ballot that complies with the applicable requirements dies or is declared ineligible after the 62nd day before general primary election day, the candidate’s name shall be placed on the ballot . . . .” Id. § 172.058 (Vernon 2003). In re Sherman (Tex.App.- Houston [1st Dist.] Feb. 3, 2010)(Keyes) (election mandamus against party chair denied as moot, untimely) (challenge to a candidate’s eligibility to be on primary ballot untimely) DISMISS PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Evelyn Keyes Before Justices Keyes, Sharp and Massengale 01-10-00070-CV In Re C.A. (Tony) Sherman Appeal from Fort Bend County Here, Sherman filed his petition for writ of mandamus on January 29, 2010, and the primary election date is March 2, 2010. Therefore, less than 62 days remained before primary election day. Accordingly, even if we were to declare Clouser ineligible, his name would remain on the ballot and any votes cast for him would be counted. See id.; Brimer, 265 S.W.3d at 928 (holding that challenge to candidate’s eligibility for general election becomes moot when it cannot be tried and final decree entered in time for compliance with pre-election statutes); accord Smith, 747 S.W.2d at 940 (“This is true, even though the contestant may have good cause or grounds for the contest.”) (citing Cummins v. Democratic Executive Comm., 97 S.W.2d 368, 369 (Tex. Civ. App.—Austin 1936, no writ)); see also Polk, 196 S.W.2d at 634 (holding that case becomes moot when any right determined by tribunal could not be effectuated in manner provided by law). No order that we might enter would be effective to change this result. Sherman’s only legally recognized interest in pursuing this mandamus is to avoid being opposed by an ineligible candidate—an outcome that we cannot, at this point, change. Therefore, this mandamus is moot. In re James A. Baker (Tex.App.- Houston [1st Dist.] Jan. 19, 2010)(superseded per curiam opinion) (primary election candidacy contest, mandamus denied) By petition for writ of mandamus, relator James A. Baker seeks to compel respondent Jared R. Woodfill, V, Chairman of the Harris County Republican Party, to remove Ricardo L. Ramos’s name from the March 2010 primary ballot for the 308th District Family Court. We deny relator’s motion for temporary relief. We dismiss for want of jurisdiction relator’s petition for writ of mandamus. DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Keyes and Massengale 01-10-00022-CV In re James A. Baker Appeal from 308th District Court of Harris County Election Code Does Not Allow Candidate to Run For Two Offices At the Same Time In Re Dorman (Tex.App.- Houston [14th Dist.] Jan 12, 2009)(Boyce) (election law mandamus) (law prohibiting candidate from running for two offices at the same time enforced by injunction), withdrawal for first position was untimely; mandamus denied). MOTION OR WRIT DENIED: Opinion by Justice Boyce Before Justices Frost, Boyce, and Sullivan. 14-10-00024-CV In Re Steven Dorman Appeal from of Harris County (Judge Al Bennett) Medina v. Benkiser (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks)(plenary jurisdiction) (trial court did not have authority to modify judgment after appeal and add an award attorney's fees; prior appeal was not interlocutory), modified judgment found void) Our opinion and judgment in Medina I constituted the final resolution of the controversy between the parties, and the trial court lacked plenary power to award attorney's fees to appellees. By affirming the trial court's judgment, our judgment essentially adopted the judgment of the trial court dismissing the case for lack of jurisdiction. Because the trial court did not award attorney's fees to the appellees in its judgment--and the appellees did not raise this failure to award fees as an issue in Medina I--our opinion and judgment in Medina I closed the door on the possibility of the appellees recovering their attorney's fees in this case. We sustain appellants' first issue and hold that the trial court lacked plenary power to modify the judgment and award appellees' attorney's fees. VACATE TRIAL COUR JUDGMENT AND DISMISS CASE: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00777-CV Debra Medina, Mallory Miller, Jr., Dustan Costine, Chad Creighton, Richard Wyatt and Kay Fisher v. Tina Benkiser and The Republican Party of Texas Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd In Re Bruce R. Hotze (Tex.App.- Houston [14th Dist.] July 10, 2008)(per curiam) (election law, city proposition dispute) DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman Also see --> Subsequent appeal from modified judgment awarding attorney's fees (Medina v. Benkiser II)(2009) Medina v. Benkiser I, 262 S.W.3d 25 (Tex.App.- Houston [1st Dist.] Jun 12, 2008, no pet.) (no injunction jurisdiction in county court in the absence of other claims over which court has jurisdiction, election code violation alleged, no UDJA jurisdiction for declaratory relief either) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Bland 01-08-00474-CV Debra Medina, et al v. Tina Benkiser, et al Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Re Tina Benkiser, Republican Party of Texas (Tex.App.- Houston [1st Dist.] June 9, 2008) (election mandamus on eve of party convention denied b/c TRO set for contested hearing same day) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Terry Jennings Before Justices Taft, Jennings and Bland 01-08-00451-CV In re Tina Benkiser, Chairman, Republican party of Texas, and The Republican Party of Texas Appeal from County Civil Court at Law No 4 of Harris County Trial court judge: Visiting Judge Tom Sullivan Presiding judge: Hon. Roberta Ann Lloyd (who was out of town at the time TRO was granted, but returned in time to take up the matter same day court of appeals denied relief) Ex Parte Waller ISD (Tex.App.- Houston [1st Dist] Dec. 21, 2007)(Keyes) (ISD cases, tax law, bond validation suit, challenge to school bonds by taxpayer) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-07-00900-CV Ex Parte Waller Independent School District Appeal from 155th District Court of Austin County (Hon. Dan R. Beck) Superseded by: In Re Citizens Supporting Metro Solutions, Inc. (Tex.App.- Houston [14th Dist,] Oct. 18, 2007)(Seymore)(substitute opinion)(discovery dispute in suit involving elections and local politics) In Re Citizens Supporting Metro Solutions, Inc. (Tex.App.- Houston [14th Dist.] Jul. 10, 2007) (Seymore)(discovery mandamus denied) MOTION OR WRIT DENIED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00190-CV In Re: Citizens Supporting Metro Solutions, Inc Appeal from 234th District Court of Harris County (Judge Reese Rondon) Scott v. King (Tex. App. - Houston [1st Dist.] Mar. 27, 2008)(Hanks) (defamation, IIED, Election Code violation) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-06-00565-CV John C. Scott v. William E. King Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss In Re Albert Jones (Tex.App. - Houston [14th Dist.] Mar. 20, 2007)(per curiam) (election law, ballot access) MOTION OR WRIT DENIED: Per Curiam (Before Justices Brock Yates, Edelman and Seymore) 14-07-00220-CV In Re: Ray Albert Jones--Appeal from of County . . |
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