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    • Brenna Green
    • Jessica Mabs Johnson
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Category: Elections

June 30, 2022Declaratory Judgments, Elections

San Antonio Court of Appeals holds home-rule City can change elections from November to May

City of Floresville, et al v. Nick Nissen, et al., 04-21-00042-CV (Tex. App. – San Antonio, June 29, 2022) In this case […]

March 11, 2021Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Preemption, Sovereign Immunity

San Antonio Court of Appeals holds City’s “Paid Sick Leave” ordinance was preempted by state law

Washington et al. v. Associated Builders & Contractors of South Texas, Inc., et al., 04-20-00004-CV (Tex. App.—San Antonio, March 10, 2021). In […]

November 10, 2020Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Procedure, Sec. 1983

The U.S. Fifth Court of Appeals held plaintiffs had standing to challenge zombie law provision in charter despite the election being over.   

Special contributing author Laura Mueller, City Attorney for Dripping Springs Joe Richard Pool, III, et al. v. City of Houston, et al., […]

December 24, 2019Constitutional Challenge, Elections

U.S. Supreme Court remands statutory campaign limit case noting court of appeals upheld it under the wrong analysis

Thompson v. Hebdon, 140 S. Ct. 348 (2019) In this case, the U.S. Supreme Court held the court of appeals improperly analyzed […]

December 6, 2019Elections

Petition Circulators are not “election officials” subject to the fraud provision of the Election Code says Fort Worth Court of Appeals

  Robert S. Johnson v. Jeff Williams, et al., 02-19-00089-CV (Tex. App. – Fort Worth, November 27, 2019) The Fort Worth Court […]

October 22, 2019Constitutional Challenge, Declaratory Judgments, Elections, Litigation, Public Works, Tax, Ultra Vires

Taxpayer lacked standing to challenge Houston drainage fee ordinance despite charter election invalidity

Elizabeth C. Perez v. Sylvester Turner, et al., 01-16-00985-CV (Tex. App. – Hous. [1st Dist], Oct. 15, 2019) This is a long […]

January 27, 2019Agency, Elections, Litigation, Procedure, Voting Rights

Texas Supreme Court holds election contest moot, but trial court was still in error when it awarded sanctions

Laura Pressley v Geregorio Casar, 17-0052 (Tex. January 25, 2019) This is an election contest case for a city council seat where […]

August 26, 2018Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Mandamus

City obtained mandamus to remove TRO preventing display of budget meeting which addressed fiscal impact of pending charter election

  In re Sylvester Turner, Mayor and Dave Martin, Houston City Council Member 14-18-00649-CV (Tex. App. – Houston [14th Dist.], Aug. 23, […]

July 13, 2018Declaratory Judgments, Elections, Injunction

Fort Worth Court of Appeals holds candidate on ballot for two separate offices resigned second office by law, not the first, once taking oaths

City of Forest Hill, et al. v. Michielle Benson, et. al., 02-17-00346-CV (Tex. App. – Fort Worth, July 12, 2018). This is […]

June 29, 2018Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Procedure, Separation of Powers, Sovereign Immunity

Texas Supreme Court holds county official removal statute is subject to Texas Citizens Participation Act and sovereign immunity is waived for attorney’s fees of losing party

State of Texas ex Rel. George Darrell Best v Paul Reed Harper, 16-0647, — S.W.3d – (Tex. July 29, 2018). This is […]

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