Burnt Orange Report

June 24, 2004

Rodriguez Gets Another Shot

By Byron LaMasters

In the case of the neverending primary dispute between Rep. Ciro Rodriguez (D-San Antonio) and Henry Cuellar (DINO-Laredo), Rodriguez appears to have one more shot at presenting his case:

A disputed U.S. congressional race in south Texas is going to court again after an appeals court decided the votes in the Democratic primary should be re-examined, the candidates said on Thursday. A three-judge panel of the Texas 4th Court of Appeals on Wednesday overturned a lower-court decision that gave a 58-vote victory to challenger Henry Cuellar.

The appellate court said the lower court must allow three-term incumbent U.S. Rep. Ciro Rodriguez to present evidence that several hundred voters in the March 9th primary were unqualified because they did not live in the 28th Congressional District.

"We do have the proof. We have more than 500 votes which we feel were cast improperly," Rodriguez told reporters from Washington, D.C. "I have won this race and we will be able to prove that."

In a May 11 hearing, State District Judge Joe Hart in Laredo refused to let Rodriguez present that evidence and ruled in favor of Cuellar.

Cuellar spokesman T.J. Connolly said on Thursday the campaign would appeal to the full seven-member appeals court.

"I would think we will have our appeal to the full court filed by Monday," Connolly said.

Rodriguez held a 145-vote lead after the votes were counted election night, but the chance discovery of 300 ballots, nearly all for Cuellar, gave the challenger a victory in a recount later that week. A second court-ordered recount resulted in Cuellar winning by 58 votes.

The victor in the Cuellar-Rodriguez race is almost certain to win in November because the district is a heavily Hispanic Democratic stronghold. It stretches from just south of Austin to Laredo, on the border with Mexico.

I might be a little harsh on Cuellar. He ran a tough race against Henry Bonilla (R-San Antonio), and would be in Congress today if he just had a few thousand more votes (and I'd surely rather have him over Bonilla). Still Cuellar endorsed Bush in 2000 and served as Secretary of State under Rick Perry. On the other hand, Rodriguez has one of the most progressive voting records of any Texas congressman (up there with Lloyd Doggett and Shelia Jackson Lee).

Via Free State Standard.

Posted by Byron LaMasters at June 24, 2004 07:57 PM | TrackBack

Comments

Basically, they start all over again. It was really the only fair outcome. The trial judge gutted Rodriguez's case and would not let him put on a case on the merits. Whatever the result, the case needs to be heard on the merits, so that its result can be respected. A "procedural gotcha" judgment will have no integrity.

Posted by: WhoMe? at June 24, 2004 10:04 PM

Ciro D. RODRIGUEZ, Appellant

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.

Posted by: CiroIn2006 at September 6, 2004 09:39 PM

News, Politics, and Fun From Deep in the Heart of Texas

June 24, 2004

Rodriguez Gets Another Shot

By Byron LaMasters