Boren says he’ll fight decision removing him from ballot for District 4 City Council special election

Gary Boren was informed he was removed from the ballot in the District 4 City Council seat special election – but says he’ll fight the city which said he’s not eligible.

Mayor Mark McBrayer agrees with Boren that he should be eligible.

Updated story link: Boren files request to force his name back on the city special election ballot in District 4

Boren’s seeking the seat of outgoing Councilman Brayden Rose who announced his resignation on March 10 – citing family obligations.

Boren publicly announced his intention on March 16. The deadline to sign up as a candidate in the special election is April 27 and election day is June 27.

The City Secretary Courtney Paz cited a residency requirement in a written notice sent to Boren last week. Paz declined to comment when contacted by LubbockLights.com. However, we were able to confirm from her that no candidates as of April 3 were signed up to run for District 4.

Boren and his wife purchased a home out in the county in 2020. However, after the death of his mother, Geneva Boren, last year, he moved to what used to be her home near 98th Street and Memphis Avenue. He started moving in December and has been in the home full-time for about two months, Boren said.

Tax records confirmed Boren listed the District 4 home as his homestead. His home in the county was not listed as a homestead, according to the Lubbock Central Appraisal District.

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.”

Boren told LubbockLights.com, “I’m not an attorney, but I can read the charter, 33 pages. It don’t take a neophysicist attorney to figure out what it says. What it says – on the day of filing, you had to be a resident of that district.”

“Naturally, I’ve engaged counsel, and we’re going to pursue them very hard,” Boren said.

Boren indicated the first step was a letter from his attorney – Eric Opiela – to the city. Boren said he has not yet filed anything in court but that could change by the end of the day Monday.

Opiela is listed as president on the South Texans’ Property Rights Association website. He was also appointed by Governor Greg Abbott to the Texas Funeral Service Commission in 2022 and reappointed this year.

Mayor Mark McBrayer said, “I believe he was qualified to run for office and should be on the ballot.”

He expressed his disagreement to the city attorney when this issue was discussed last week, he said.

“I’m an attorney, too, and I know how to read a statute,” McBrayer said.

The Texas Local Government Code requires, generally, a year of residency before someone can for City Council. However, that’s not the case for a home rule city which has a charter.

The city charter can have a residency requirement. But Lubbock’s charter only requires someone to be a resident at the time of filing and remain in the district while in office.

“I’ll tell you this, my driver’s license, my voting record – I’ll be voting the primary at District 4 – and my homestead is District 4. I don’t know how much more I could do,” Boren said.

McBrayer said, “I hope this is resolved in such a way that his name is put back on the ballot and the citizens are allowed to determine who they want to be their city council representative.”

LubbockLights.com followed up with Boren after publishing this story and learning more details. We asked if he heard anything new after his attorney wrote to the city and the mayor voiced support for him with city officials.

“I have not heard a word from the city attorney or city secretary. So, they have taken a legal position that I think is totally erroneous,” Boren said.

“The ones that decide on this issue is always citizens of Lubbock – the voters – not city hall attorneys, not city hall bureaucrats. … The city is notorious for bullying different groups. But they picked the wrong person to bully. I’m not letting them bully me into something that I know is wrong,” Boren said.

Boren, a retired businessman, was appointed by Governor Abbott to serve on the Brazos River Authority Board of Directors in late 2019 to a six-year term. He also serves currently on the county’s Local Government Corporation for the Expo Center.

Boren served on the council in District 3 from 2002 until March 2007 when he resigned. Boren ran unsuccessfully for Lubbock County Judge in 2022.

Boren was previously senior vice president of G. Boren Services. The company was acquired by KTBlack Services.

Please click here to support Lubbock Lights.