Mistakes could scoot Keel past primary

By finding petition discrepancies, Republican gets both of his opponents removed from the ballot.

By Chuck Lindell
AMERICAN-STATESMAN STAFF
Tuesday, January 10, 2006

Retiring state Rep. Terry Keel has virtually assured his election to the Texas Court of Criminal Appeals after succeeding, at least temporarily, in having both Republican opponents removed from the March primary ballot.

Keel, R-Austin, personally scanned his opponents' petition forms at Republican Party of Texas headquarters, finding discrepancies that had eluded the candidates and party officials.

Texas starts over at quarterback
The first casualty came Saturday, when Republican officials accepted Keel's challenge and refused to place the incumbent, Justice Charles Holcomb, on the ballot for lack of valid signatures.

"I didn't know, until my opponent disclosed it, that some nine people had signed (duplicate petitions)," Holcomb said. "Therefore, I lacked about five signatures."

But when party officials refused Keel's challenge against Robert Francis, a Dallas district judge, Keel sued GOP officials in Travis County to keep Francis' name off the March 7 primary ballot.

Keel argued that a dozen petition forms should be tossed out, leaving Francis short of his signature goal, because the pages did not specify that Francis was seeking Place 8 on the appeals court, as required by the election code.

"These petitions have become a trap for the unwary, and all these technicalities get brought up," Francis lawyer Buck Wood said Monday afternoon in a hearing before District Judge John Dietz.

But Keel said election law "applies to all candidates, and it should be followed by all candidates � and certainly by judicial candidates."

"If you have carte blanche to violate election code to get on the ballot, under that argument I don't know what good it does to have an election code."

Dietz agreed with Keel, issuing a temporary injunction barring the Republican Party from certifying Francis as a candidate because he failed to gather at least 50 valid signatures from each of the state's 14 court of appeals districts. Instead of 122 signatures from the Tyler area, Francis had only 27.

Wood said he would file an immediate appeal. IThis afternoon Dietz is scheduled to hear Francis' request for an extension to gather the needed signatures, a probable long shot, given Dietz's reminder that changing election deadlines constitutes an "extraordinary departure" not to be invoked lightly by the courts.

If the ruling stands, Keel will skip the primary election and head into the November contest without a Democratic opponent and one Libertarian, Dave Howard, on the ballot.

Incumbent Holcomb, who criticized Keel for trying "to win by default," said he is weighing his options.

"I'm not at liberty to talk about what we're sort of looking into. We'll just have to see."

Francis, who drove from Dallas to attend Monday's hearing, took care not to criticize a fellow judge's ruling but also took issue with Keel's tactics.

"I think it's inappropriate that the voters not be given a say," he said.

If the status quo is maintained this does change things. It must be sickening for the incumbent and the other challenger. I wonder if, when they are not trying to restore their positions, they don't feverishly search for the glitch in Keel's run for office. But it only makes sense that the petition requirement be fulfilled. I'm sure everyone is double and triple checking all the petitions in this and every other state race now!!

"I think it's inappropriate that the voters not be given a say,"

It's a bit off topic, but that quote from Francis brought to mind what I think is an interesting statistic. According to the 2005 Annual Statistical Report for the Texas Judiciary, published by the Office of Court Administration, 28% of all judges in the state (including JPs, but excluding municipal judges) first assumed office by appointment -- not by election. That includes more than half of the judges on courts of appeals and the Texas Supreme Court. And that figure doesn't count for all those visiting judges hopping around the state. It's an interesting phenomenon that I think is often overlooked in the elect vs. appoint debate.

Perhaps this experience will change the trend where candidates are seeking a place on the ballot by petition rather than paying the increased filing fees. It is very strange that Holcomb would not seek more "excess" signatures to begin with. Duplication is always a very real threat and should never be taken for granted.

I agree. It is stunning they wouldn't take the safe route and simply pay the filing fee.

Check bounces candidate out of statehouse race

By Dan Genz Tribune-Herald staff writer

Tuesday, January 10, 2006

James McCutcheon said he wanted to reform the foster care system and overhaul the way Texas pays for public schools, but one costly mistake killed his campaign Monday.

McCutcheon, 31, the only Democratic candidate challenging state Rep. Charles “Doc” Anderson, R-Waco, was declared ineligible when the check he used to pay his $750 campaign filing fee bounced Monday.

Because the check bounced a week after the filing deadline, McLennan County Democratic Party Chairman John Cullar said he was “mandated by law” to disqualify McCutcheon.

"This shows that the Democratic Party is going to follow the law," Cullar said. "We're not going to make excuses to escape the consequences of legal requirements."

The bad check ends the 31-year-old Axtell landscaper's campaign and almost certainly ensures that Anderson, a Waco veterinarian, will be re-elected to a second term.

"This gives us more time to concentrate on being a state representative and do the work we need to accomplish," Anderson said.

McCutcheon, who did not return a call Monday, can sue Cullar to win his place on the ballot, Cullar said, but has no other recourse.

Cullar's Republican counterpart got a good laugh out of the news Monday.

"He would have made a good representative. We could have sent him down there to write hot checks," McLennan County Republican Party Chairman M.A. Taylor said.

Taylor agreed that Cullar didn't have any choice but to disqualify McCutcheon.

"The county chairmen don't have any authority to extend credit to candidates," Taylor said.

McCutcheon waited till the final day of the filing period, Jan. 2, to accommodate former state Rep. John Mabry, who was mulling a rematch with Anderson. When Mabry opted out, McCutcheon entered the race.

McCutcheon worked as an assistant to the sergeant at arms of the Texas Senate last year, providing clerical and security assistance for committee meetings and observing the Legislature.

A foster child growing up, McCutcheon voiced interest in reforms to Child Protective Services and the state foster care system.

With no other Democrats challenging Anderson, McCutcheon would have been a lock to win the nomination.

McCutcheon and his wife told Cullar they had enough money to pay for the fee, "but there was some sort of mix-up concerning a deposit to the account on which his filing fee was written."

Cullar said there was nothing he could do.

The declaration of ineligibility ensures "the re-election of a state representative who has demonstrated a complete inability to represent the interests of District 56," Cullar said, referring to Anderson.

"That's a nice spin," Taylor responded, "but the fact remains that they had a candidate who lacked ... how should I put it ... To write a hot check for a filing fee doesn't show a great deal of know-how or native intelligence."

dgenz@wacotrib.com

For the judges on the court of criminal appeals, just paying the filing fee is not an option. The law requires a filing fee and the petitions. The idea was to weed out phony candidates who filed at the last second and hoped their catchy name would get them a free ride on the court.

The republican candidate still on the ballet is Annie Elliott, the wonderful wife of longtime Fort Bend County ada Mike Elliott, herself the longtime Court Coordinator for CCL#3 in Fort Bend.

Like Rosanne Rosannadana used to say...It just goes to show you.

FYI-If you are a Republican in Fort Bend County and you have a democratic opponent, it is like running unopposed.

Appeals Court Denies Hopkins' Bid To Get On Primary Ballot
by Bob Dunn, Jan 10, 05:01 pm


Long-time Fort Bend County District Clerk Glory Hopkins� bid to run in the Republican primary election was denied this afternoon by the 14th District Court of Appeals in Houston.
Glory Hopkins

Now the only possible way Hopkins could get on the ballot would be to obtain a favorable ruling from the Texas Supreme Court. Her attorney, Richard Tate, said Hopkins hasn�t yet decided whether to try and do so.

Due to a mailing snafu, county Republican Party Chairman Eric Thode didn�t receive Hopkins� application for candidacy until after the 6 p.m. Jan. 2 filing deadline.

Her filing papers were declared invalid, but on Jan. 6 she filed a petition for writ of mandamus with the appeals court, asking that Thode be ordered to place her name on the ballot.

Hopkins argued in a filing with the court that her application would have been received on time, but for the fact she relied on an incorrect mailing address provided by Thode, and the U.S. Postal Service was unable to deliver her filing papers.

The appeals court decision �said in order to be entitled to relief from a statutory deadline, we�d have to prove that Eric violated a statutory duty,� Tate said. The court ruled no such duty was violated.

But, Tate said, a statute directs candidates to file applications with the county party chairmen, and while the statute doesn�t specifically say so, �that implies a statutory duty� that the chairman �be available right up to the deadline� to receive applications.

�Our argument would be that this same implied duty would require a party chairman to give the correct mailing information,� Tate said. Thus, by inadvertently providing the incorrect mailing address for candidates to file their applications, Thode made �an unintentional violation of an implied statutory duty.�

Tate said Hopkins is out of town at a district clerk�s convention, and so they�ll wait until tomorrow to discuss whether to seek a mandamus from the state Supreme Court.

�It�s a major decision,� he added.

Time is not on Hopkins� side. If she does decide to go before the high court, she�ll need a ruling soon. According to an affidavit by Fort Bend County Elections Administrator Steve Ra born made part of Hopkins� appeals court filing, ballots must be printed and ready for use at least 38 days prior to election day. And, Raborn said, he needs three days more to finalize ballot proofs. That means the ballot cannot be changed after Jan. 25.

Thus far, only one Republican candidate is officially on the ballot � Annie Rebecca Elliott. Democrat Veronica Torres also has filed for office.

HERE'S THE STORY ON THE MAILING "SNAFU"

Hopkins may be off the ballot

By Bob Haenel Tuesday, January 3,

A five-term incumbent who announced her reelection bid in the Republican Party primary in March may be left off the ballot after difficulties with her filing with the party chair came to light Monday night.

Fort Bend County District Clerk Glory Hopkins faces uncertainty about her candidacy after a problem surfaced with certified mail and an address that turned out to be incorrect.

Hopkins sent her application and filing fee by certified mail to Republican Party Chairman Eric Thode on Dec. 27, but the letter did not reach Thode's Houston office. Hopkins' camp said she used an address sent via e-mail to candidates by Thode, but the address to his Houston office included an incorrect ZIP code.

Contacted Monday night, Thode said he would be checking with the Secretary of State's office Tuesday to determine what could be done in Hopkins' case.

"It is the candidates' responsibility to get the application to the county party chairman," said Thode. "I think the Secretary of State will see it that way. It is not the party chairman's duty."

Thode said he had lunch with Hopkins a couple of weeks ago and discussed options on how she could file, which included delivering the application personally, by registered mail or by delivering it to the party secretary, Susan Johnston.


He also said he could not find any e-mail that he had sent out that included an incorrect address.

Thode said Tuesday morning that the Secretary of State's office confirmed his stance.

"As expected, the Secretary of State said it doesn't matter what the address was on the letter that was mailed on Dec. 27," Thode said. "The only other option available would be a lawsuit on the basis that a good faith effort had been made. However, the Secretary of State said he doubted that a court would agree with that position."

Hopkins' camp said they also faxed a copy of the application to put the party chairman on notice that it had been mailed, but Thode said he never received the fax, either.

Hopkins was out of town and unavailable for comment Tuesday, but her campaign treasurer, Libby King, said the candidate made a good-faith effort to file.

"Glory sent her filing paperwork with the proper fee to the address for certified mailings provided by the party chair in a Dec. 5, 2005 mass e-mailing entitled 'Fort Bend Republican News'," King said. "According to the U.S. Postal Service, that letter would have been received by the party chair on Dec. 29, if the correct address had been provided."

King also noted they had received a confirmation notice the faxed copy of the application had gone through to Thode's office.

"This is an unfortunate situation," she said of the issue. "We are trying to figure out what we can legally do at this point."

Asked why he had not called Hopkins about the absence of any application on the final day of filing, Thode said it is not uncommon for "people to wait until the last day to file. (Precinct 1 Justice of the Peace) Gary Geick didn't file until the final day."

Annie Elliott has filed as a Republican for the nomination, and Victoria Torres is seeking the Democratic Party nomination.

MORE ON THE STORY OF THE "SNAFU"

Ballot case goes before court

By Bob Haenel and Stephen Palkot Monday, January 9, 2006 12:05 PM CST

Attorneys for Fort Bend County District Clerk Glory Hopkins Friday afternoon filed a petition for a writ of mandamus in a Houston court of appeals to have Hopkins' name placed on the ballot for the March 7 Republican Party primary.

Hopkins sent her application and filing fee via registered mail to an address provided by Republican Party Chairman Eric Thode. That address included an incorrect ZIP code, and the application never made it into the chair's hands.

The deadline for filing passed, and Thode and the Texas Secretary of State's office said Hopkins' name would not be eligible to be placed on the ballot.

Hopkins, who is seeking a sixth term as district clerk, is being challenged in the Republican Party primary by Annie Elliott. Veronica Torres has filed for the position as a Democrat.

An affidavit from Thode in support of Hopkins' efforts to gain a position on the ballot was included in the petition.

Dick Tate, attorney for Hopkins, said the court has several options, but narrowed it to the three most likely to occur.

"They could deny and won't invite further attention to it. Or, they could decide it on its written papers."

The third option, Tate said, is "they could invite a brief by Annie Elliott and set it for an expedited oral argument. Those are the most likely alternatives."

Thode's affidavit said allowing Hopkins' name on the ballot would "promote a just and reasonable result," adding that he believed Hopkins made a good faith effort to file the application via certified mail.

The petition also cited a Texas Supreme Court case in which a candidate sought to correct a mistake he made in what office he was seeking after the deadline had passed. The court disagreed with an appeals court ruling that the "candidate's fault automatically precludes his or her right to seek equitable relief."

Another case in the petition noted the court's leaning to a shift from "strict compliance" in the law to a "just and reasonable result."

An affidavit from Jesse Mata of Fort Bend Postal in Richmond where the application was mailed, showed that Mata had actually changed the erroneous ZIP code, but that it still was the wrong code.

Mata recognized that the 77487 code on he address was incorrect for a Houston address, which is where Thode's office is located. He changed it to 77087, which was still the wrong code.

The wrong address inadvertently sent by Thode was received by Hopkins' campaign manager, Mandi Bronsell. She supplied the address to Hopkins' campaign manager, Libby King, who gave it to the candidate. Hopkins mailed the application and filing fee on Dec. 27.

After learning her application had not been received by Thode on Jan. 2, Hopkins said in her affidavit she delivered another completed application and check to Fort Bend County Republican Party Secretary Susan Johnston on Jan. 3. Hopkins also noted she received the returned letter and green card attached to the certified mailing on Jan. 4.

"We feel our case is strong on its merits and we feel optimistic the court will agree," Tate said.

The Fort Bend Herald contacted Elliott's campaign manager Karen Pearson for a comment from Elliott, but no comment for this story was offered.

Veronica Torres, the Democrat who has filed for the district clerk position, will not be participating in the court procedures, said campaign aide Don Bankston.

Bankston, taking aim at Hopkins, said the matter "demonstrates her inability to safeguard the public's records filings."

"However, we believe in democracy. We believe in letting voters make decisions. As Democrats, we do not believe in kicking people off the ballot or keeping them on the ballot. We're ready, willing and able to bring our fight to the voters in November, whether it be Ms. (Annie) Elliott or Ms. Hopkins."

Tate said Fort Bend Elections Administrator said the issue must be resolved by Jan. 25 in order to have the ballots printed in a timely fashion.