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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