The Resolution of Election Disputes: Legal Principles that Control Election Challenges
836 S.W.2d 203
836 S.W.2d 203
(Cite as: 836 S.W.2d 203)
Page 10
deed another 116 illegal voters. Once again, we note that
great deference must be given to the judge's determination
of the witnesses' credibility and the weight of their testimony. See Middleton, 687 S.W.2d at 44. We will reverse
only where the record shows that the judge's Findings are so
weak as to render the outcome manifestly unjust or clearly
wrong. See In re Kings Estate, 150 Tex. at 664-65, 244
S.W.2d at 661. Further, the Rules of Evidence and prior caselaw clearly state that signatures may be properly authenticated where the trier of fact has an opportunity to compare
the signatures to determine their genuineness. [FN8] See
Tex.R.Civ.Evid. 901(b)(2) & (b)(3). See also In re Estate of
Watson, 720 S.W.2d 806, 808 (Tex.1986); Strong v. State,
805 S.W.2d 478, 486 (Tex.App.--Tyler 1990, pet. ref'd). We
find the trial court's conclusion of genuineness and Ms.
Duganier's comparison based upon voter names, voter registration numbers and precinct numbers are sufficient evidence to support the trial court's Finding that an additional
116 illegal votes existed.
FN8. In addition, we note that nonexpert comparison of voters' signatures is clearly sanctioned under
the Election Code. Tex.Elec.Code Ann. § 87.027(e)
(Vernon Supp.1992). Indeed, no expertise is
needed in order to serve on a Signature Verification Committee; rather:
To be eligible to serve on a signature verification
committee, a person must be a qualified voter:
(1) of the county, in a countywide election ordered
by the governor or a county authority in a primary
election;
(2) of the part of the county in which the election is
held, for an election ordered by the governor or a
county authority that does not cover the entire
county of the person's residence; or
(3) of the political subdivision, in an election
ordered by an authority of a political subdivision
other than a county.
Id.
[12] Further, appellant complains that Findings of Fact
numbers five and eight are erroneous because the trial court
simply "generalize[d]" the reasons why the testimony of the
remaining 116 illegal voters was not procured. The court
236
stated that:
The remaining individuals fell into several different categories: crossover voters that were subpoenaed but failed
to appear; *213 crossover voters that resisted service;
crossover voters that evidence showed had moved and
could not be located; and others that neither party chose to
subpoena.
Appellant surmises that "[t]his is an euphemism for the
voters that Reyes did not want to produce." Interestingly,
appellant's own brief admits that there were some 27 voters
who were subpoenaed but failed to appear and that some
others resisted service. Moreover, witnesses for both sides
testified that difficulties arose in serving some of the people
for whom subpoenas were issued.
Furthermore, appellant states that the trial court's Finding
number seven unfairly "accepted as true the testimony of
every voter witness who testified as to how they voted....
[but] attempts to introduce some uncertainty into this process by stating that '[m]any of the voters who disclosed their
vote did so with qualifications such as "I think" or "I probably".' " Although appellant argues that the court's statement
about the lack of decisiveness was unsupported by the record, appellant himself admits that "a few were uncertain as
to their vote." A thorough review of the record clearly
demonstrates that some voters' testimony was not procured
because of failure to appear, resistance to service or inability
to locate. Additionally, the record reflects that some illegal
voters refused to disclose for whom they had voted and even
more disclosed who they had voted for with some qualifications such as those noted by the trial court. Therefore, we
find sufficient evidence to support the trial court's Findings
and overrule appellant's points of error sixteen, seventeen
and eighteen.
[13][14] Finally, in his thirteenth and fourteenth points of
error, appellant asserts that the trial court erred by allowing
affidavits of illegal voters to be admitted into evidence and
by allowing thirty-five voters to testify over the telephone.
While appellant raises these issues as points of error at the
beginning of his brief, he does not specifically address
them. The Texas Rules of Appellate Procedure require that
argument and authority must be brought forth in support of
each point of error for such error to be properly before the
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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