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June 23, 2008

Election dispute

Unsuccessful Trinidad council candidate wants results vacated, new vote

By Rich Flowers

A Trinidad City Council candidate who narrowly missed winning a seat in the May 10 municipal election has filed a petition in 392nd District Court asking that the results be vacated and a new election held.

The complaint, filed June 11 on behalf of Rob Hebrank, names candidates Kay Wiggens Hernandez and Betty Terry as defendants. The petition alleges a violation of the Texas Election Code occurred when Hernandez’s sister served as an alternate election judge.

Trinidad Mayor Chris Quinn said the violation was an oversight and Judy Hernandez had worked local elections for several years. Her tenure pre-dates her sister’s time on the council, Quinn said.

Hebrank finished fourth in race in which incumbents Velma Womack, Terry and Hernandez all won new terms. Twelve votes separated the candidates with Womack polling 49, Hernandez 44, Terry 37 and Hebrank had 33.

“The normal procedure for that type of election contest would be in district court, whether it’s a county or city election,” said Scott Haywood of the Texas Secretary of State Election Division, which oversees municipal elections in the state.

The petition states the election as conducted did not reveal the true outcome because “one or more of the following occurred”:

• Eligible voters were subject to undue influence or persuasion;

• Violation of election code requirements was tantamount to fraud;

• Illegal conduct was present during the course of the election;

• The voting tally was conducted in an illegal and suspect manner; and

• The outcome of the election would have differed but for the illegal conduct of the parties.

The petition further alleges the election “was performed in a manner as to impeach the integrity of the election result and fail to provide the citizens of Trinidad with a just and fair election process.”

Haywood said he was not aware of similar cases pending in the state at this time.

“When these things happen in municipal races and our office is contacted we tend to refer things back to the local authorities. If there were alleged criminal violations, those could be made to a local prosecuting entity or our office,” Haywood said.

The Election Code disqualifies any of the three presiding district court judges in Henderson County from hearing the case. The plaintiff requests that steps be taken to pursue the appointment of a special judge to hear the case.

Attempts to reach Hebrank have been unsuccessful.

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