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DAVIS v. TAYLOR

No. 96-0872.

930 S.W.2d 581 (1996)

The Honorable Rex DAVIS, Republican Nominee for Chief Justice of the Court of Appeals for the Tenth Court of Appeals District of Texas, Relator, v. M.A. TAYLOR, Chairman, Tenth Court of Appeals District Republican Executive Committee; and Antonio O. Garza, Jr., Secretary of State for the State of Texas, Respondents.

Supreme Court of Texas.

Decided September 25, 1996.

Attorney(s) appearing for the Case

Roy L. Barrett, James Rodney Lee, Angus E. McSwain, Waco, Kenneth W. Anderson, Jr., Dallas, John E. Clark, San Antonio, R. John Cullar, Waco, for Relator.

Joe Cannon, Groesbeck, Tom L. Ragland, Waco, Patrick H. Simmons, Groesbeck, Antonio O. Garza, Jr., Dan Morales, Richard Riehl, Blake O. Brodersen, Austin, M.A. Taylor, Waco, Gina Parker, Bill White, Jack N. Price, Austin, for Respondents.

SPECTOR, Justice, delivered the opinion of the Court, in which GONZALEZ, HECHT, CORNYN, OWEN, BAKER and ABBOTT, Justices, join.

In this original proceeding, the Honorable Rex Davis seeks mandamus relief to require that his name be placed on the ballot as the Republican nominee for Chief Justice of the Court of Appeals for the Tenth Court of Appeals District. The issue is whether a nominee whose candidacy has not been properly certified to the Secretary of State through...

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