Ramirez v. Quintanilla

• Decision Date: 20 August 2010
• Docket Number: NUMBERS 13-10-00450-CV,NUMBER 13-10-00454-CV,NUMBERS 13-10-00449-CV
• Citation: Ramirez v. Quintanilla, NUMBER 13-10-00454-CV, NUMBERS 13-10-00449-CV, NUMBERS 13-10-00450-CV (Tex. App. Aug 20, 2010)
• Parties: RENE RAMIREZ, HIDALGO COUNTY JUDGE, AND YVONNE RAMON, ELECTIONS ADMINISTRATOR, Appellants, v. JOEL QUINTANILLA AND THE HIDALGO COUNTY REPUBLICAN PARTY, Appellees.
• Court: Texas Court of Appeals

RENE RAMIREZ, HIDALGO COUNTY JUDGE, AND YVONNE RAMON, ELECTIONS ADMINISTRATOR, Appellants,

v.JOEL QUINTANILLA AND THE HIDALGO COUNTY REPUBLICAN PARTY, Appellees.

NUMBERS 13-10-00449-CV

NUMBERS 13-10-00450-CV

NUMBER 13-10-00454-CV

Court of Appeals of Texas

Delivered and filed the 20th day of August, 2010.

On Petition for Writ of Mandamus.

OPINION

Before Justices Rodriguez, Benavides, and Vela Opinion by Justice Benavides

Through two interlocutory appeals, Hidalgo County JudgeRene Ramirez and Elections Administrator Yvonne Ramon seek to overturn orders denying their plea to the jurisdiction and granting a temporary injunction in favor of appellees, Joel Quintanilla and the Hidalgo County Republican Party.By petition for writ of mandamus, Quintanilla seeks to compel Ramirez to order a general election and to place Quintanilla's name on the ballot in that election for the office of Hidalgo County Commissioner Precinct One.Because the issues in each of these three related proceedings center around the appropriate procedure to elect a county commissioner to a vacancy when the office was not on the primary ballot, we dispose of all three cases in this opinion.We affirm the orders of the trial court denying the plea to the jurisdiction and granting the temporary injunction, and we dismiss the original proceeding as moot.

I.Background

On March 9, 2010, Sylvia Handy, the elected County Commissioner for Precinct One of the Hidalgo County Commissioners' Court, resigned from her position after pleading guilty to federal criminal charges.The term of office for her vacant seat expires on December 31, 2012.Shortly after accepting her resignation, Ramirez appointed A.C. Cuellar to the position.

On May 20, 2010, the Hidalgo County Democratic District Executive Committee selected Quintanilla as the nominee for Handy's unexpired term and certified his name to appear on the November general election ballot.However, on August 3, 2010, Ramirez, on behalf of the Hidalgo County Commissioners' Court, ordered a "special election" for thefirst Tuesday in November to fill Handy's vacancy.

On August 9, 2010, Quintanilla filed his first amended original petition seeking injunctive and declaratory relief against Ramirez and Ramon.Ramirez and Ramon filed a plea to the jurisdiction, which the trial court denied on August 9, 2010.On August 9, 10, and 11, 2010, the trial court held evidentiary hearings on the matter.On August 12, 2010, the trial court granted the injunction.The parties have entered the following "Stipulations of Fact":

1.On March 2, 2010, the State of Texas and Hidalgo County held the statutory mandated primary elections with their duly qualified run-off contests.

2.The Office of Hidalgo County Commissioner Precinct One(1) was not on any primary ballot of any qualified political party conducting an election.

3.Mrs. Sylvia Handy was elected Hidalgo County Commissioner Precinct One(1) in the general election of November 2008, and said office is next statutorily mandated for election in the election cycle of 2010(both primary and general elections).Sylvia Handy's County Commissioner Precinct One(1) seat expires on December 31, 2012.

4.After Mrs. Sylvia Handy pled guilty in the United States District Court for the Southern District in Texas, McAllen Division, the said Mrs. Handy resigned as Hidalgo County Commissioner Precinct One(1) on March 9, 2010.Judge Rene Ramirez accepted Sylvia Handy's resignation on March 12, 2010.

5.That Hidalgo County JudgeRene Ramirez appointed Mr. A.C. Cuellar as the Commissioner for Precinct One (1) on March 16, 2010 to fill the vacancy created by Sylvia Handy's resignation until the next general election as per Section 87.042 of the Texas Local Government Code.

6.Hidalgo County Democratic Party convened a meeting of the Precinct One (1)party executive committee, comprised of duly elected precinct chairs, which nominated PlaintiffJoel Quintanilla as the party nominee for Commissioner of Precinct One (1) on May 20, 2010.Said procedure was advised by the Secretary of State of Texas by emailto Ms. Dolly Elizondo, Hidalgo County Democratic Party Chairman.

7.On August 3, 2010, DefendantRene Ramirez, Hidalgo County Judge ordered and called a special election to be voted alongside the November 2, 2010 general election for Hidalgo County Commissioner Precinct One(1).

8.The 74th day before the November 2, 2010 General Election is August 20, 2010.The deadline for submitting a person's candidacy as an independent candidate for Hidalgo County Commissioner Precinct One(1) in the November 2, 2010 general election was May

13, 2010.

9.On August 3, 2010Hidalgo County JudgeRene Ramirez ordered Ms. Yvonne Ramon, Hidalgo County Elections Administrator, Defendant herein, to make the appropriate arrangements to conduct both elections.

The trial court's August 12, 2010, order granting the injunction states the following, in relevant part:

After considering PlaintiffJoel Quintanilla's application for temporary injunction order, the pleadings, the affidavits, evidence and arguments of counsel, the court finds that Plaintiff will probably prevail on the merits at trial of this cause and that Plaintiff will probably prevail at trial in establishing each and all of the following:

a. That DefendantRENE RAMIREZ, Hidalgo County Judge, does not have the authority to order... a special election for the position of Hidalgo County Commissioner, Precinct 1 be held on November 2, 2010 allowing any duly qualified resident of Hidalgo County, Texas to place his or her name on the ballot, even though said person has not been qualified as a candidate pursuant to Chapter 202 of the Texas Election Code or Chapter 146 of the Texas Election Code.

b. That DefendantYVONNE RAMON, Hidalgo County Elections Administrator, does not have the authority to conduct the election for the position of Hidalgo County Commissioner, Precinct 1 where such election would be held as a special election on November 2, 2010 allowing any duly qualified resident of Hidalgo County, Texas to place his or her name on the ballot, even though said person has not been qualified as a candidate pursuant to Chapter 202 of the Texas Election Code or Chapter 146 of the Texas Election Code.c.That DefendantYVONNE RAMON, Hidalgo County Elections Administrator, does not have the authority to place upon the ballot for the position of Hidalgo County Commissioner, Precinct 1, the names of anyone other than the names of the candidates duly and legally nominated by the four recognized political parties in the State of Texas under Chapter 202 of the Texas Election Code to the position of Hidalgo County Commissioner, Precinct 1 and who have duly notified DefendantYVONNE RAMON of said election of a nominee for their respective party, except that voters may write in the name of... another candidate if said individual has qualified as a write-in candidate pursuant to Chapter 146 of the Texas Elections Code.

d. That pursuant to Chapter 202 and Section 3.004[¹] of the Texas Election CodeDefendantRENE RAMIREZ, Hidalgo County Judge, is required to order a general election November 2, 2010 for the position of Hidalgo County Commissioner Precinct 1.

The Court further finds that harm to Plaintiff is imminent, and if the court does not issue the temporary restraining order, Plaintiff will be irreparably injured because: Defendants have ordered a special election to take place on November 2, 2010, which is contrary to the Texas Election Code;[t]here is no basis in law for DefendantRene A. Ramirez to have ordered a special election on November 2, 2010 for the position of Hidalgo County Commissioner Precinct 1; persons who are not authorized by Texas law are currently being allowed to submit their candidacy for Hidalgo County Commissioner, Precinct 1; [d]efendant Rene A. Ramirez is required to order a general election on November 2, 2010 for the position of Hidalgo County Commissioner Precinct 1 pursuant to Texas Election Code Chapter 202 and Section 3.004; and Plaintiff's rights to run in a general election on November 2, 1010 for the position of Hidalgo County Commissioner Precinct 1 are being prejudiced by Defendants' actions and omissions since DefendantRene A. Ramirez has not ordered a general election on November 2, 2010 for the position of Hidalgo County Commissioner Precinct 1 pursuant to Texas Election Code Chapter 202 and Section 3.004 and has ordered a special election on November 2, 2010 for the position of Hidalgo County Commissioner Precinct 1.The Court finds that the deadline for submitting a person's candidacy as an independent candidate for Hidalgo County Commissioner, Precinct 1 in the November 2, 2010 general election was on May 13, 2010 pursuant to Texas Election Code Section 202.007.

Without a temporary injunction order, PlaintiffJoel Quintanilla's rights will be immediately and irreparably harmed since: holding a special election on November 2, 2010 for Hidalgo County Commissioner, Precinct 1 wouldbe against the law, DefendantRene A. Ramirez has failed to order a general election on November 2, 2010 for the position of Hidalgo County Commissioner Precinct 1 pursuant to Texas Election Code Section 3.004[,] and Joel Quintanilla would be forced to compete against candidates who are not entitled to be named upon the ballot for the November 2, 1010 general election.The Court further finds that PlaintiffJoel Quintanilla's rights would be immediately and irreparably harmed since if a special election were held, the result of said election would be declared null and void preventing anyone, including PlaintiffJoel Quintanilla[,] from filling said vacancy[,] except A.C. Cuellar.The Court finds that Plaintiff has no adequate remedy at law.The court finds that the injury and harm to PlaintiffJoel Quintanilla[,] absent this temporary injunction order, will be immediate and irreparable.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that

DefendantRene Ramirez

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