Burnt Orange Report

Byron- Glad to hear you supported Chris Bell. He is a class act. I speak from experience as I have had the privilege of working for him as a staffer this past year. His career is far from over. His defeat shows the divisive and destructive ways of Tom DeLay which hopefully come back to haunt the GOP.

We have not seen the end of Chris Bell! We need more people like him to counter the arrogance and corruption of the Republican Party. He is a fair and passionate man, who cares deeply for his constituents. Thanks for the support. I am sure he would appreciate it!

Channing Johnston
UT'98

Yeah, there are good things in the future for Chris Bell. He bounced back from a big mayoral defeat three years ago to win election to congress, so I'm confident that he'll bounce back sometime.

Concerning the Rodriguez race, I am thankful he won. I am curious if there was a big drive to get Republicans in the district to cross-over and vote in the Democratic primary for the stealth Republican, Cuellar.

May a house fall on him too.

Ciro D. RODRIGUEZ, Appellant

v.

Henry CUELLAR, Appellee

From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2004-CVQ-000-522-D3
OPINION No. 04-04-00335-CV
SOURCE: http://www.4thcoa.courts.state.tx.us/opinions/HTMLOpinion.asp?OpinionID=17308

Ciro made the following allegations after an in-depth investigation; but, he was not allowed to present this evidence because it was discovered after the original filing of the case. The court made its decision without this evidence. Ciro deserves his day in court so he can prove these allegations.
WHEN these irregularities were discovered should not
interfere with the true outcome of the people's vote!

Factual and Procedural Background: This appeal arises out of an election contest between Ciro D. Rodriguez, the incumbent representative for the United States Twenty-Eighth Congressional District of Texas, and Henry Cueller, who challenged Rodriguez in the 2004 Democratic primary. After the votes were counted, Rodriguez appeared to be the winner by 145 votes. A district-wide recount requested by Cuellar resulted in a "net swing" of 348 votes in Cuellar's favor. Shortly thereafter, Cuellar was declared the winner by 203 votes.

IV. Contestant says there were irregularities in the casting, counting and recounting of the votes in the election which such irregularities reversed the true outcome of the election.

A. In excess of 100 persons cast ballots in the election at issue here who were not qualified to vote in the election or were permitted to cast votes in the election but should not have under the laws of this State.

Persons voted in the election that:
1. were registered at addresses at which they did not reside;
2. voted at polling places in areas where they did not reside;
3. had absented themselves from a residence where they were registered for a time that was not temporary;
4.were not properly registered in a manner that qualified them to vote in the election;
5. showed addresses on their voter registration applications that were vacant lots or abandoned houses;
6. gave information to election officials in order to vote in this election that was inaccurate or false;
7. cannot be found to exist;
8. persons shown voting but did not vote;
9. were assisted in voting in a manner contrary to law;
10. registered at addresses that do not exist; and/or
11. someone other than the voter voted the ballot in a manner not permitted by law.