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Category: Elections

Constitutional Challenge, Elections

City Charter amendment ballot language insufficient to give voters enough information, so could be invalid says Texas Supreme Court

June 12, 2015rhenry12598Leave a comment

  Allen Mark Dacus, Elizabeth C. Perez, And Rev. Robert Jefferson v Annise D. Parker and City of Houston. 13-0047, (Tex. June 12, 2015). This is an election contest case in which the Texas Supreme Court held the ballot did not make
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Constitutional Challenge, Elections, Separation of Powers

Constitutional “hold over” provision controls over “resign to run” rule says 13th Court of Appeals

August 21, 2014rhenry12598Leave a comment

Richard Bianchi v. The State Of Texas, 13-14-00303-CV (Tex. App. – Corpus Christi, August 21, 2014) This is a quo warranto case where the central issue is the interaction between the “resign to run” rule under the Texas Constitution and the constitutional
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Elections, Litigation

Election dispute moot after voters decision

November 15, 2013rhenry12598Leave a comment

  Cargill v. Jaime Adan Ballesteros, 03-12-00629-CV (Tex. App. – Austin, November 6, 2013). Cargill challenged the outcome of the election for constable and asserted claims for tortious interference with his right to seek office.  The trial court dismissed the claims and
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Constitutional Challenge, Elections

U.S. 5th Circuit holds Texas Election Code unconstitutional.

November 1, 2013rhenry12598Leave a comment

Texans for Free Enterprise v. Texas Ethics Commission, No.13-50014 (5th Cir. October 16, 2013). This is an injunction case of interest to any governmental entity which has its own election code or enforces state law election codes through an ethics ordinance.  In
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Agency, Declaratory Judgments, Elections, Litigation, Preemption

9th Court interprets elections after Voting Rights Act declared unconstitutional by U.S. Supreme Court.

October 17, 2013rhenry12598Leave a comment

Rodriguez, et al.  v. Beaumont Independent School District, et al.,  No. 09-13-00434-CV (Tex. App. – Beaumont, October 17, 2013) In this case the Beaumont Court of Appeals was asked to see how the recent U.S. Supreme Court declaration that portions of the
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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