Tuesday, September 9, 2014

 
TEXAS SUPREME COURT HAS ALREADY RULED FOR MARY REY

I have not hidden the fact the hypothalamic dysfunction has me in a real bad way.  The reality is I have forgotten more than I remember.  But when I was putting the case law together on the BISD mess, I knew it was not random.  I have consulted on endless election cases.  I just could not remember the case, until today when I was reading over an old Mandamus I prepared for someone and there it was.

In allowing judicial candidate Robert Francis to correct his petition for a place on the ballot, the Court noted its ruling was limited to two factors [1] he filed ahead of time and could have fixed the problem had the filing agency done its job and timely reviewed the application, and [2] there was no fraud in the filing.

"Finally, we emphasize several limitations on today’s holding. First, it concerns only facial defects that are apparent from the four corners of a candidate’s filings; it does not reach forgery, fraud, or other non-accidental defects discoverable only by independent investigation. Second, it concerns only early filings that allow time for corrections after the state chair’s review; no additional time will be available for candidates who file at the last minute so that review cannot be completed before the filing deadline. Third, it does not allow political parties or candidates to ignore statutory deadlines; it allows candidates only the time that the Election Code was designed to give them. Fourth, it concerns only defective filings that have erroneously been approved; it does not change what the Election Code says party chairs should and must reject. Finally, it does not absolve candidates of the need for diligence and responsibility in their filings; party chairs must only notify them of defects, not do their work for them."

Click for Opinion

In the case of Shirley Bowman, she filed at the last minute thereby making it impossible for the BISD to investigate her claim that her nickname is "La."  Below, her filing shows she filed at 4:30 p.m., thereby leaving BISD only 30 minutes to investigate her claim that her nickname is "la." I do not doubt for one second that the Texas Supreme Court will see the fraud - namely misleading the community she is a Latina when she is not. 

The BISD is clearly within its authority to reject her application.  It was her decision to file at the last minute thereby denying BISD time to investigate.

The case of Joe Rodriguez is different.  While there is no file mark on his application, it does show a notary signed it on August 11, 2014.  Montoya reported he filed on August 13, 2014.  So in Joe's case the BISD had time to notify him of his defect, and chose not to.  In fact his case is very close to that of Judge Robert Francis.

BISD is well within its right to remove Shirley Bowman from the ballot.  Everyone knows she will not sue because she will never appear before a judge and swear under oath her nickname is "La."

The status as of this afternoon was, the SOS has decided Coach is a title and not a nickname.  It will not appear on the ballot.  The debate and hold up is an opinion about the "La."  Given the fact the In Re Robert Francis case supports removal of Shirley Bowman's name from the ballot, BISD will find itself on the losing side of a direct mandamus filed with the Texas Supreme Court if it fails to remove her name.

She clearly filed at the last second denying BISD any opportunity to investigate her claim concerning her nickname.  BISD has the evidence that her nickname is in fact "la Bowman" and not "la" The Texas Supreme Court Ruling could not be any more clear.


8 comments:

Anonymous said...

If Mary Rey has already won, why does Joe Rod still have a shot of staying on the ballot by just taking coach out and BISD having time to fix it on the ballot?

BobbyWC said...

Now go back and reread the post and try to identify the problems in your post. Your question does not reflect an understanding of the post

Bobby WC

Anonymous said...

Bobby, any word from BISD on a decision regarding what will appear on the ballot?

BobbyWC said...

All we learned is the SOS told BISD Coach was a title and could not appear and the question of "la" remains pending

Bobby WC

BobbyWC said...

For your peace of mind my optic nerve has been examined in great detail by MRI and the eye surgeon and another eye specialist.

Hypothalamic dysfunction causes the production of LH to fail which causes hypogonadism. Hypogonadism can cause vitamin D deficiency which can cause blurred vision and intense headaches. The vitamin D deficiency can also cause unexplained bleeding of the anus. It is readily treated with a topic steroid cream.

The problem is - not everyone responds to hypothalamic dysfunction the same way.

To be honest with you the main reason I agreed to the cataract surgery is because I knew it meant the surgeon getting a bird's eye view of the optic nerve.

Thanks for your concern.

I am pushing - but to no avail to have the MRI read again. The VA agrees the original read contained mistakes, but they will not agree to having a specialist read it again. But I feel pretty good with the eye surgeon's assessment of my optic nerve.

On the vitamin D I regularly take 50,000 units of D2 just to keep me at low normal.

Bobby WC

Anonymous said...

If BISD follows the law, both Shirley AND Joe could be removed.

Anonymous said...

What is the School District doing on the 14.3 million lawsuit? Do you have any information? We, the teachers, need tools to teach your children.

Anonymous said...

We need to vote for Mary Rey, she's the ONLY independent candidate. These lady is honest, transparent, but overall not afraid to speak up and defend students and teachers against the likes of Presas-Garcia, Powers, or whom ever...