Opinion
No. 05-04-00010-CV.
Opinion Issued January 13, 2004.
Before Justices WRIGHT, MOSELEY, and RICHTER.
MEMORANDUM OPINION
Relator requests this Court issue a writ of mandamus ordering the chair of the Dallas County Democratic Party to declare him eligible for placement on the ballot for the Democratic Party primary election for the office of State Representative for District 103 for the March 2004 primary election. The facts of this original proceeding are known to the parties so we do not recite them here.
Relator submitted two original affidavits to this Court for consideration. The record does not contain any proof that these affidavits were presented to respondent below before the making of her decision to declare relator ineligible. The Court may not consider evidence not presented to the decision maker prior to her decision on review with this Court. See Sabine Offshore Service, Inc. v. City of Port Arthur, 595 S.W.2d 840, 841 (Tex. 1979). Therefore, the Court GRANTS respondent's motion to strike the affidavits and disregards them in ruling on this petition. Based on the record presented, we conclude the relator has failed to show himself entitled to the relief requested. Accordingly, we DENY relator's petition for writ of mandamus. See Tex.R.App.P. 52.8(a).