Looking for some help. Recently our Sheriff's Department submitted a petition for a pay referendum. Several people have informed me that several county departments and/or elected officials (ie the Tax accessor, County Clerk, County Judge employees etc)told their employees that they were not allowed to sign the petition. Some were told that they would be fired. One official believed that keeping their employees from signing the petition kept that office from any conflict of interest since that office deals with the petition at a later date. My question is that this appears to be an offense under ?36.03 or 39.03(a)(2). Just looking for any help or direction. Keith Willeford, Hunt County Attorney
please call me at 903-408-4112 if you have specifics that you do not want to post.
Sec. 36.01(4) defines vote as casting a ballot in an election regulated by law. Wouldn't an argument be made that a ballot is not cast in an petition, thus no vote. . . no voter?
Hey Brian you need to be studing for school instead of monitoring this web site. Just kidding. You may be right. What about Official Oppression? Keith
For 39.03(a)(2), the biggest hurdle appears to be proving knowledge that the act [statement to terminate or retaliate if they sign petition] is illegal. See State v. Edmond, 933 S.W.2d 120 (Tex. Crim. App. 1996).
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