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CHAVEZ v. HANNAH

No. 3-91-182-CV.

827 S.W.2d 100 (1992)

Juan CHAVEZ, Lawrence Fluellen, Trinidad Navejar and Alberto Daniel, Appellants, v. John HANNAH, Secretary of State of the State of Texas; Dan Morales, Attorney General of the State of Texas, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 6, 1992.

Attorney(s) appearing for the Case

David G. Hall, Texas Rural Legal Aid, Inc., Weslaco, for appellant.

Linda Elder, Bailey County Atty., Muleshoe, for Marilyn Cox, Bailey County Judge; R.L. Scott, C.E. Grant, Joey R. Kindle and Bennie Claunch, Bailey County Com'rs.

Gary L. Bledsoe, Asst. Atty. Gen., Austin, for John Hannah, Jr., Texas Secretary of State and Dan Morales, Texas Atty. Gen.

Dan Morales, Texas Atty. Gen., pro se.

Before CARROLL, C.J., and ABOUSSIE and SMITH, JJ.

CARROLL, Chief Justice.

Juan Chavez did not comply with the Election Code requirement to declare himself a write-in candidate for justice of the peace in Bailey County, Texas. See Tex. Elec.Code Ann. § 146.025 (Supp.1992). Nonetheless, fifty-nine voters wrote in the name "Juan Chavez," while the incumbent received only thirty-seven votes. The Bailey County officials refused to count the attempted write-in votes...

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