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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