El Paso Republican Party of El Paso Cnty., Inc. v. Baca

• Decision Date: 31 October 2022
• Docket Number: 08-21-00093-CV
• Citation: 656 S.W.3d 529
• Parties: The EL PASO REPUBLICAN PARTY OF EL PASO COUNTY, INC. f/k/a The El Paso Republican Party and Rick Seeberger, in His Capacity as President and Chairman of The El Paso Republican Party of El Paso County, Inc., Appellants, v. Raymond BACA, Appellee.
• Court: Texas Court of Appeals

656 S.W.3d 529

The EL PASO REPUBLICAN PARTY OF EL PASO COUNTY, INC. f/k/a The El Paso Republican Party and Rick Seeberger, in His Capacity as President and Chairman of The El Paso Republican Party of El Paso County, Inc., Appellants,

v.Raymond BACA, Appellee.

No. 08-21-00093-CV

Court of Appeals of Texas, El Paso.

October 31, 2022

ATTORNEY FOR APPELLANTS: Federico A. Vielledent, Vielledent & Associates, PLLC, 6006 N. Mesa St., Ste. 700, El Paso, TX 79912.

ATTORNEY FOR APPELLEE: Joseph L. Hood Jr., Windle, Hood, Norton, Brittain & Jay, LLP, 201 East Main Drive, Suite 1350, El Paso, TX 79901.

Before Rodriguez, C.J., Palafox, J., and Ferguson, Judge, Ferguson, Judge (Sitting by Assignment)

OPINION

YVONNE T. RODRIGUEZ, Chief Justice

This is an accelerated appeal from the trial court's order granting a plea to the jurisdiction in this dispute over the chairmanship of a local political party.¹

Rick Seeberger—who submitted a letter of resignation as the El Paso Republican Party (the County Party) chair on January 21, 2021—brought a declaratory judgment seeking to confirm his continued chairmanship of the County Party. Seeberger asserts that although he did submit a letter of resignation to the County Party, he should remain chair of the County Party through his full elected term because he retracted his resignation prior to the letter's effective date, thereby making the County Party's election replacing him with Raymundo Baca ineffective.

Because we conclude Seeberger's pleadings failed to rebut the presumption against jurisdiction over internal political party leadership disputes, we affirm the trial court's order granting Baca's plea to the jurisdiction.

I. BACKGROUND

A. Factual History

The facts underlying this appeal are undisputed. On January 20, 2021, Respondent Rick Seeberger, the duly elected chairman of the County Party, submitted an email to the County Party in which he "tendered [his] resignation as Chair of the El Paso Republican Party at 4:05 p.m. today" and which would "be effective January 28, 2021[.]"

When local level vacancies occur in a political party that nominates candidates by primary ballot, the county executive committee (CEC) of that local political party is charged with filling those vacancies by appointment. See generally TEX.ELEC.CODE ANN. §§ 171.024(a), 171.025. The members of the county executive committee consist of the county chair and the precinct chairs from each county election precinct. Id. §§ 171.022(a)(1)–(2).

Section 171.025 of the Texas Election Code outlines the procedure for filling a vacancy in the office of the county chair. "If a vacancy occurs in the office of county chair, the secretary of the county executive committee shall call a meeting for the purpose of filling the vacancy." Id. § 171.025(a). "If a committee member files with the secretary a written request for a meeting to fill a vacancy, the secretary shall call the meeting to convene not later than the 20th day after the date the secretary receives the request." Id. "If the committee does not have a secretary or if ... the secretary fails to call the meeting, the state chair, on written request of a member of the county executive committee filed with the state chair, shall call the meeting to convene not later than the 20th day after the date the chair receives the request." Id. § 171.025(b). "A majority of the committee's membership must participate in filling a vacancy in the office of county chair. To be elected, a person must receive a favorable vote of a majority of the members voting." Id. § 171.024(b).

At the time Seeberger submitted his letter of resignation, the County Party lacked a board secretary. In line with the procedures for filling a chairmanship vacancy set out at Texas Election Code Section 171.025(b), on January 21, 2021, four precinct chairs—Michael Aboud (Precinct #64), Marsha Rivas (Precinct #74), David Thackston (Precinct #55), and James Peinado (Precinct #176)—sent an email to State Republican Party Chairman Allen West requesting he set a special meeting to select Seeberger's replacement. As precinct chairs, Aboud, Rivas, Thackston, and Peinado were all members of the CEC, see id. § 171.022(a)(2), and all had the individual right to request that State Chairman West call a meeting to replace Seeberger under the circumstances, see id. § 171.025(b). On January 22, 2021, another precinct chair, Robyn Cooper, sent an email to the State Republican Party requesting that State Chairman West call a replacement election. Cooper was also a member of the CEC by virtue of being a precinct chair.

On January 25, 2010, State Chairman West, in accordance with Section 171.025(b) of the Election Code, sent a letter calling a meeting of the County Party's CEC "to fill the vacancy in the office of County Chair." The meeting was set for February 1, 2021, at 6:30 p.m. In his letter, West stated the request for an election had come not just from Aboud, Rivas, Thackston, Peinado, and Cooper, but also from precinct chairs Mark Dunham and Bobby Pena, meaning that seven precinct chairs in total had requested a replacement election. On January 27, 2021, at 3:10 p.m., Seeberger sent a mass email to the County Party membership with the subject line "Rescission of Resignation." The email stated:

Dear CEC Members,

After much feedback from Precinct Chairs and Republican Voters who I believe have the best interests of the El Paso Republican Party at heart, I have reconsidered my resignation and am hereby rescinding my resignation effective immediately.

Respectfully,Rick SeebergerChairmanThe El Paso Republican Party

On January 30, 2021, State Chairman West issued a letter addressed to the County Party precinct chairs. In the letter, State Chairman West stated in part:

Earlier this week you received an email from Republican Party of Texas (RPT) Organization Director [sic] with an attached letter from me calling a meeting to fill the Vacancy in the Office of County Chair in the El Paso County Republican Party. Since that time, County Chairman Rick Seeberger sent an email stating that he was rescinding his resignation.

I know many of you have questions about where that leaves you, and I appreciate your patience as I consulted with staff, SREC members, RPT attorneys, and the RPT parliamentarian to ensure all movement forward is done according to applicable state laws and party rules.

In short, Chairman Seeberger's resignation can not [sic] be rescinded. The meeting I called for February 1, 2021 at 6:30 p.m. (Mountain), pursuant to my duties as outlined in Texas Election Code Section 171.025(b), was properly called and will proceed.

Attached to State Chairman West's letter was a legal memorandum citing caselaw surrounding the common law of public officer resignations as well as provisions of the Texas Election Code and Robert's Rules of Order. Based on his reading of these materials in consultation with State Party staff, attorneys, and the parliamentarian, State Chairman West concluded in part:

Chairman Seeberger's resignation can not [sic] be rescinded. Chairman Seeberger tendered his resignation and that resignation was accepted and acted upon in two steps, first by multiple El Paso County Republican Party Precinct Chairs requesting me, as State Chairman, to call a meeting to fill the vacancy, and second by my setting a meeting date, designating David Powell as the Temporary Meeting Chair as directed by 171.025(d), and sending notice of the meeting date and designation of temporary chair to all precinct chairs.

The decision that Chairman Seeberger is not able to rescind his resignation is based solely upon laws, case law, and parliamentary procedure.

County Party minutes show in accordance with State Chairman West's call, an emergency meeting to elect a county chair was called to order at 6:30 p.m. on February 1, 2021. The minutes indicate "Former Chairman Rick Seeberger asked to address the floor" and the temporary meeting chair "reminded Seeberger that he, Seeberger, was a guest in attendance" before asking if there was a motion to allow Seeberger five minutes to speak. The motion was made and seconded before proceeding to a CEC vote. The motion to allow Seeberger to speak failed with nine in favor and thirty-nine opposed.

The temporary meeting chair then appointed a temporary parliamentarian, sergeants at arms, a timekeeper, and a temporary secretary without objection and presided over the adoption of election meeting rules, with "[n]o discussion" noted. The temporary meeting chair opened up nominations to the floor, and three people were nominated to be chair, including Baca. Baca ultimately won the CEC vote by receiving 27 out of 52 votes cast,² and the meeting minutes indicate that the election meeting was adjourned "[w]ithout objection" at 7:44 p.m.

On February 3, 2021, Baca sent Seeberger an email formally requesting that Seeberger "promptly relinquish any and all property, records, and associated items that belonged to the El Paso GOP at the time of your resignation and return them to us. I would like to have the records and bank info picked up right away and disclosure of where the office items are stored so that we can arrange for their pick up as well."

On March 1, 2022—during the pendency of this Appeal—Baca ran unopposed for the Party chairmanship. He was elected on March 1, 2022. Under the Election Code, Baca became the undisputed chairman of the Party on June 13, 2022, twenty days after the May 24, 2022, primary runoff date. Id. § 171.022(c).

B. Procedural History

1. Seeberger's Declaratory Judgment Action Against Baca

On February 25, 2021, Seeberger and a corporation named the El Paso County Republican Party of El Paso County, Inc. (the Corporation)³ filed an original petition for declaratory judgment against Baca in El Paso County Court at Law No. 3, contending Seeberger's resignation never became effective, no vacancy ever occurred in the office of chairman of the County Party, and that Seeberger remained chairman of the County...