Tuesday, March 15, 2016

 
HAS THE MILITARY BALLOT RULE ENDED JOHN CHAMBERS CHALLENGE?
 
Because I know how people love to misquote me, I want to make it clear the rule which requires ballots to our service men and women must go out 45 days before the election was long over due.  The problem is not the military ballot rule, the problem is the State of Texas never adjusted Texas law to deal with the military ballot rule.
 
Here is the deal.  The canvas was on the 10th of this month and in order for Remi Garza to comply with the 45 day military ballot rule the deadline for the parties to designate their candidates for the ballot is the 17th.  There is simply no time for John Chambers to challenge anything - unless.  I say this over and over and over again and people do not get it.  In election contests and ballot access cases you must immediately learn the date the clock runs before your case is made moot.

The In Re: Robert Francis case does give guidance;

"However, if a case demonstrates the need for an expeditious decision because even an expedited appeal could not be completed before the issue became moot or was otherwise inadequate, this Court may review the temporary injunction on a petition by writ of mandamus.   See Republican Party of Tex. v. Dietz, 940 S.W.2d 86, 93-94 (Tex.1997);  Sears v. Bayoud, 786 S.W.2d 248, 249-50 (Tex.1990).   In addition, section 273.061 of the Texas Election Code grants the Court jurisdiction to issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election.   -

§ 273.061

"The supreme court or a court of appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election or a political party convention, regardless of whether the person responsible for performing the duty is a public officer."

As the Francis case makes clear, you can go directly to the Supreme Court if there is no time to complete the regular process.

THE REMEDY

Chamber's criminal defense lawyers are going to have to efile a mandamus by tomorrow morning to include the licensing agency, the Cameron County Republican Party, Morgan Graham and Remi Garza.  I want to make clear that Remi Garza has done nothing wrong.  There just cannot be a problem with Remi not getting the Stay order from the Texas Supreme Court because he was not included.  That is the only reason to include him.

THE WAY IT IS DONE

A lawyer who works for the Justice to review mandamuses on Wednesday will review the petition and issue a short memo to the Justice. Based on that memo the Court will review the matter on an emergency basis and by 5 p.m. Thursday can order John Chamber's name placed on the ballot with a formal opinion to come at a later date.  It will not be the first time the Texas Supreme Court has done this.

The question is, can John Chambers find an attorney to act this fast at a price her can afford.

No comments: