Gary Boren asked the Seventh Court of Appeals in Amarillo Tuesday to force the City of Lubbock to put his name back on the ballot for a special election in District 4. The city has not yet filed its side of the story in court records.
After this story was first published, the Seventh Court ordered the city to file a written response by April 14.
How we got here
Brayden Rose announced his intention to step down before the end of his term – citing family reasons. Boren announced his intention to run and filed his candidacy.
On March 31, City Secretary Courtney Paz notified Boren she would not allow his name on the ballot.
Her letter said, “You are ineligible to be a candidate for this office because you do not meet the minimum length of continuous residence in District 4.”
She cited state law – saying he needed to be resident of the district for six months.
Boren said he moved from Lubbock County into what used to be his mother’s house near 98th Street and Memphis Avenue two months ago – not six.
But Boren also pointed to the City Charter, which demands a candidate be bona fide resident “at the time of filing.”
Boren’s attorney, Eric Opiela, filed a request for “mandamus,” the Latin word for command. It’s quicker than a lawsuit because it bypasses the State District Court in Lubbock, but there’s a catch.
He must prove “a clear abuse of discretion.”
The appeals court cannot investigate the facts. It can only settle an interpretation of the law. And that’s what Boren claimed.
“The only issue is whether the City Charter or … [the] Election Code … governs,” Boren’s request said.
Paz, in her rejection letter, cited section 141.001 of the Texas Election Code. Boren must be resident for six months.
But Boren’s attorney quoted 141.003, which said in part, “Different age and residence requirements from those prescribed by Section 141.001 may be prescribed by a home-rule city charter … ”
The city charter said, “The mayor and all councilmembers shall be bona fide residents within the City and within the applicable district at the time of filing for office and must continue to reside within the city and the applicable district during the term of office.”
Click here to read the request for mandamus, which includes a copy of Boren’s original application, Opiela’s letter to the city, and Boren’s updated application to be on the District 4 ballot (filed with the city on Tuesday).
Boren’s legal filing freely admitted, “Mandamus is an extraordinary remedy, available only in limited circumstances.”
But he’s trying to convince the Seventh Court it’s the proper legal channel. His filing said the Texas Election Code allows an appeals court to hear just this kind of case.
“[Boren] requests emergency consideration of his mandamus petition due to the short deadlines for having his name placed on the ballot,” the request said.
The election is June 27 and the deadline to file as a candidate is April 27.
Click here to see our original coverage when LubbockLights.com broke the story that Boren’s name was removed from consideration.
