Green v. Reyes 836 S.W.2d 203 836 S.W.2d 203 (Cite as: 836 S.W.2d 203) Page 1 Court of Appeals of Texas, Houston (14th Dist.). Raymond Eugene GREEN, Appellant, v. Ben REYES, Appellee. No. B14-92-00680-CV. June 30, 1992. Congressional candidate brought election contest challenging final canvass as not reflecting true outcome. The 269th District Court, Harris County, John M. Delaney, J., declared the election canvass void and ordered a new election. Election contestee appealed. The Court of Appeals held that trial court properly ordered new election upon determining that true outcome of contested election could not be ascertained. Affirmed. West Headnotes [1] Elections 293(3) 144k293(3) Most Cited Cases Voters' constitutional right not to reveal for whom they had voted does not extend to voters who have cast illegal votes. V.T.C.A., Election Code § 221.009(a). [2] Elections 291 144k291 Most Cited Cases Burden of proving illegality in an election contest is on contestant who must prove that illegal votes were cast in election being contested and that a different and correct result would have been reached by not counting the illegal votes. V.T.C.A., Election Code §§ 221.009, 232.001 et seq. [3] Elections 305(6) 144k305(6) Most Cited Cases Standard of review to be placed on an appeal from judgment in an election contest is whether from the record it appears that trial court abused its discretion. V.T.C.A., Election Code § 232.001 et seq. [4] Elections 154(1) 144k154(1) Most Cited Cases True outcome of primary election was uncertain, and trial court properly declared election canvass void and ordered new election, where margin of victory, after deducting the number of the attributable illegal votes from each candidate, was far surpassed by number of unascertained illegal votes. V.T.C.A., Election Code §§ 221.011(b), 221.012(b). [5] Elections 298(3) 144k298(3) Most Cited Cases Although election tribunal may void election and order new election to be held without ever attempting to ascertain for whom illegal voters cast their ballots, overriding policy which guides election contest is to determine the true outcome of the election. V.T.C.A., Election Code §§ 221.003(a)(1), 221.009(b). [6] Elections 298(3) 144k298(3) Most Cited Cases Election Code provision which requires tribunal hearing election contest to declare election void if it cannot ascertain true outcome of the election does not authorize court to void any close election, but rather seeks to ensure that final election canvass is a clear reflection of the legal votes cast in election where illegal votes cast cannot, on reasonable inquiry, be attributed either to contestant or contestee. V.T.C.A., Election Code § 221.012. [7] Elections 298(1) 144k298(1) Most Cited Cases Election Code vests discretion in trial court to determine whether or not true results of election can be ascertained in election contest. V.T.C.A., Election Code §§ 221.009, 221.012. [8] Appeal and Error 1008.1(2) 30k1008.1(2) Most Cited Cases In nonjury cases, in which both findings of fact and statement of facts have been filed, Court of Appeals reviews sufficiency of evidence under same standards utilized for jury tried cases. [9] Appeal and Error 1008.1(5) 30k1008.1(5) Most Cited Cases [9] Appeal and Error 1008.1(7) 30k1008.1(7) Most Cited Cases © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 227