Monday, August 27, 2012


 
JUDGE BANALES OVERRULES FEDERAL COURT IN DE LEON CASE

UPDATE ON BEGUM/GARCIA ELECTION CONTEST

Apparently Judge Banales called the attorneys in today, as I predicted, and did an informal pretrial.  Michael Cowen announced he was not ready for trial - hint hint - untimely objection to Banales for delay.  Judge Banales announced he cannot try the case next week.  Apparently Cowen may get his way as Judge Olvera is now looking at replacing Banales because of his unavailability.

DON DE LEON

I was not in court, but the events have been reported to me.  According to the redistricting federal court order the deadline for Independents to submit their signatures for a place on the ballot is August 30th and not June 29th.   Texas Secretary of State Esperanza Andrade appeared in court while her attorneys asked that the federal redistricting court order be overruled by Judge Banales.  She said nothing.    Judge Banales just making up the law as he went along gave Don Deleon until 5 p.m. Tuesday to submit his signature.  The federal court order says Thursday at 5 p.m.

Here is the federal court order setting out the deadlines.

http://www.docstoc.com/docs/127670446/Texas-Redistricting-Order

At page 9, ¶ bb it states that the deadline for independents is June 29th, but then says see § 142.006 of the Texas Election Code.  § 142.006 resets the deadline to 30 days after a runoff.  The Runoff was July 31, 2012.  Under basic math and counting 30 days is August 30, 2012.

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