Footnotes in HTML versions of opinions are designated by boxes (click on the box to see the footnote text) and are not numbered. For an exact copy of the opinion, retrieve the Adobe PDF version.
IN
THE SUPREME COURT OF
════════════
No. 06-0088
════════════
In re The Honorable Karen Angelini
════════════════════════════════════════════════════
On Petition for Writ of Mandamus
════════════════════════════════════════════════════
Justice
Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Justice Johnson filed a concurring opinion, in which Justice O’Neill joined.
Justice Wainwright filed a dissenting opinion.
Justice Willett did not participate in the decision.
In
this original proceeding, the Honorable Karen Angelini,
currently Justice of the Fourth Court of Appeals, Place Five, seeks mandamus
relief against Charles E. Soechting, State Chair of
the Texas Democratic Party. The latter initially listed Lauro
A. Bustamante as a candidate for Place Seven on the
Fourth Court of Appeals, then at the filing deadline as a candidate for Place
Five, then after the deadline as disqualified, and finally as a candidate for
Place Five again after this Court issued three opinions on January 27, 2006. Because we find fact issues that must be determined after a hearing on
the merits, we deny the petition for writ of mandamus.
Angelini alleges “multiple defects” in Bustamante’s
filings that could not be cured by the filing deadline. The facsimile date and
time stamps on the filings indicate that they were transmitted to the Party
between 6:04 and 6:40 p.m. on January 2, 2006 — after the 6:00 p.m. filing
deadline. Angelini reports that a Democratic Party
representative told her Bustamante’s papers were
actually received before the deadline, but that the Party’s facsimile clock had
not been reset from Daylight Savings Time. In any case, Angelini
argues that our decision in Francis did not authorize relief for a
late-filer like Bustamante, citing the following:
[W]e emphasize
several limitations on today’s holding. First, it concerns only facial defects
that are apparent from the four corners of a candidate’s filings; it does not
reach forgery, fraud, or other non-accidental defects discoverable only by
independent investigation. Second, it concerns only early filings that allow
time for corrections after the state chair’s review: no additional time will be
available for candidates who file at the last minute so that review cannot be
completed before the filing deadline. Third, it does not allow political
parties or candidates to ignore statutory deadlines; it allows candidates only
the time that the Election Code was designed to give them. Fourth, it concerns
only defective filings that have erroneously been approved; it does not change
what the Election Code says party chairs should and must reject.
As Bustamante did not file until at or after the deadline, she argues that the State Chair did not review it until after the deadline, did not erroneously approve it, and did not deny Bustamante the opportunity to cure that the Election Code provides to early filers.
In response, Bustamante has filed an affidavit in which he states that the Democratic Party reviewed his filings as each page arrived and approved them. Further, he challenges the authenticity and veracity of all Angelini’s evidence about his filings. Finally, he avers that he had time to correct any mistakes before the filing deadline because he had staff, computers, facsimile machines, and a notary available.
“It
is well established There are several such factual disputes here, including (1) whether Bustamante filed his documents before the deadline, (2)
whether he complied with all statutory requirements except for facial defects
that are apparent within their four corners, (3) whether the Party had
sufficient time to complete its statutory review of his filings before the
deadline,
(4) whether after that review but before the deadline the Party
erroneously notified Bustamante that his filings
complied with statutory requirements,
and (5) whether Bustamante could have cured
any facial errors before the deadline had the State Chair properly notified him
of those defects. If the trial court answers any of these questions “No,” then
we agree Angelini would be entitled to mandamus
relief.
The parties may of course raise legal and factual issues other than
these.
We decline the dissent’s invitation to disqualify Bustamante without giving him a hearing. First, he does not admit that his filings were defective; that is instead our colleague’s conclusion. While he avers that he had “time for corrections,” he never concedes that his filings needed any. More important, he challenges the authenticity and veracity of the copies of his filings submitted by Angelini, the only basis upon which we could make any decision.
Second,
in concluding that Bustamante filed only 20
signatures that complied with the Election Code, the dissent decides several
factual and legal issues without a hearing and barely any mention. Bustamante’s petition contains almost 400 signatures, but
the dissent disqualifies all but 20 because only two petition pages were signed
by a circulator. Voters’ signatures are valid under the Election Code if they
appear in the same “part” of the petition as the circulator’s affidavit, and
the same “page” of the petition as other items like the place number discussed
in Francis. We need not decide today whether “part” and “page” are the same
because, depending on what facts the trial court finds,
it may be irrelevant in this case.
The
dissent’s approach to defects in a candidate’s filings has not been the law for
several years. A majority (not a plurality) of this Court held in Gamble that
defective filings could be remedied after the filing deadline to correct a
party official’s violation of a statutory duty. Gamble concerned an application for office rather than a
petition, but the Election Code treats the two as one document,
so we cannot treat them differently.
Any
“mystery” about the duty of state party chairs can be cleared up by reading the
statute, which does not require them to do the work for any candidate,
but does require them to review filings “as soon as practicable” after
receipt and “immediately deliver” written notice of defects. If the Legislature intended for less-than-perfect candidates to get
what the dissent thinks they deserve, there would be no reason for state chairs
to review anything before the deadline, and certainly no reason to move
quickly.
As
both Angelini and Bustamante
are unopposed in their respective primaries, there should be ample time before
the general election in November for a trial court to make its findings, and
for any appellate review to be conducted first in the court of appeals rather
than this Court. Generally, such proceedings “must be presented first to the
court of appeals unless there is a compelling reason not to do so.”
For the foregoing reasons, we deny the petition for writ of mandamus.
________________________________
Justice
OPINION DELIVERED: February 24, 2006