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 2 In reviewing sufficiency of evidence, Court of Appeals must review all of the evidence in support of findings of trier of fact and will reverse only if evidence in support of the finding is so weak as to render outcome manifestly unjust or clearly wrong. [10] Evidence 571(1) 157k571(1) Most Cited Cases In election contest, finding that 97.5% of illegal voters in multi-race run-off election voted in contested race was supported by expert testimony of professor of political science that approximately 97.5% of those voters that cast legal ballots voted in the contested race and that no reason existed to believe the illegal voters were not typically motivated to vote in each race. [11] Elections 154(10) 144k154(10) Most Cited Cases Finding, in election contest, that unascertained votes were indeed illegal was supported by evidence that accounting firm determined number of crossover voters by comparison of names, registration numbers, precinct numbers, and signatures of those who voted in both the Republican primary election and the Democratic run-off. [12] Elections 154(10) 144k154(10) Most Cited Cases Finding, in election contest, that candidates for whom voters cast illegal ballots could not be ascertained was supported by evidence that some voters failed to appear, resisted service, could not be located, refused to disclose for whom they had voted, or disclosed for whom they had voted with qualifications such as "I think" or "I probably." [13] Appeal and Error 1079 30k1079 Most Cited Cases Issues raised as points of error but not specifically addressed in the brief are waived. Rules App.Proc., Rule 74(f). [14] Evidence 272 157k272 Most Cited Cases Affidavits of persons who thereby admit under oath an action which can subject them to criminal liability may be properly admitted at trial as an exception to the hearsay rule as statements against their interest. Rules of Civ.Evid., Rule 228 803(24). *204 Eugene Jones, Houston, Randall B. Wood, Austin, Jack C. Ogg, Houston, for appellant. William H. White, Gerald M. Birnberg, Houston, for appellee. Before J. CURTISS BROWN, C.J., and MURPHY and CANNON, JJ. OPINION PER CURIAM. This is an accelerated appeal in an election contest. Appellant, Raymond Eugene Green, appeals from the trial court order of a new election in the Democratic nomination for United States Representative to the 29th Congressional District. In eighteen points of error, appellant asserts that the trial court abused its discretion by declaring the election canvass void and ordering a new election. We affirm. Appellee, Ben Reyes, brought an election contest pursuant to section 232 of the Election Code challenging the final canvass as not reflecting the true outcome of the election. See Tex.Elec.Code Ann. § 232.001 et seq. (Vernon 1986). Both appellee, Ben Reyes, and appellant, Raymond Eugene Green, were candidates in the Democratic primary runoff election for Democratic party nominee to the 29th Congressional District. The April 14, 1992 election primary runoff yielded a 180 vote margin of victory for appellant. Appellee's election contest petition argued that a significant number of voters had cast votes in both the Republican primary contest on March 10, 1992 and subsequently participated in the April 14, 1992 Democratic primary runoff. Under the Texas Election Code, the ballot of voters who cast ballots in both the Republican and Democratic primary elections are void. See Tex.Elec.Code Ann. § 162.013 (Vernon 1986). Therefore, such ballots are illegal votes and not legally countable. See Tex.Elec.Code Ann. § 221.003 (Vernon 1986). Appellee provided a list of 431 names and addresses of the illegal crossover voters which had been compiled by the accounting firm of Arthur Andersen & Company. The company had compiled the list through a detailed comparison of voter names, voter registration numbers and precinct numbers. The list included the names of © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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