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In re Gates

Court of Appeals of Texas, Tenth District, Waco
Jan 10, 2007
No. 10-06-00402-CR (Tex. App. Jan. 10, 2007)

Opinion

No. 10-06-00402-CR

Opinion Delivered and Filed: January 10, 2007.

The petition for writ of mandamus is denied.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


Original Proceeding

MEMORANDUM OPINION


(Chief Justice Gray dissents without a separate opinion, but notes that a candidate is elected by virtue of having received the majority of the votes cast, not by virtue of the prima facie evidence thereof in the form of a certificate of election delivered by the canvassing authority. See TEX. ELEC. CODE ANN. § 67.016(a),(c), (e) (Vernon 2003); Gonzalez v. Duran, 250 S.W.2d 322, 324 (Tex.Civ.App.-San Antonio 1952, writ ref'd) (quoting DeShazo v. Davis, 162 S.E. 320, 321 (Va. 1932) (orig. proceeding)); Wells v. Comm'rs' Court, 195 S.W. 608, 609 (Tex.Civ.App.-El Paso 1917, writ ref'd); Dean v. State ex rel. Bailey, 88 Tex. 290, 295, 30 S.W. 1047, 1048 (1895) (certified question); Ewing v. Duncan, 81 Tex. 230, 236, 16 S.W. 1000, 1002 (1891); Beeler v. Loock, 135 S.W.2d 644, 647 (Tex.Civ.App.-Galveston 1939, writ dism'd w.o.j.) (interpreting 1925 Tex. Rev. Civ. Stat. art. 3032 (current version at TEX. ELEC. CODE ANN. § 67.016(e))) ("It is not the certificate that confers the right on the candidate to the office, but the highest vote.").)

Petition denied


Summaries of

In re Gates

Court of Appeals of Texas, Tenth District, Waco
Jan 10, 2007
No. 10-06-00402-CR (Tex. App. Jan. 10, 2007)
Case details for

In re Gates

Case Details

Full title:IN RE RANDY GATES

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Jan 10, 2007

Citations

No. 10-06-00402-CR (Tex. App. Jan. 10, 2007)