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In re Hortick

Court of Appeals of Texas, Fourth District, San Antonio
Dec 22, 2021
No. 04-21-00552-CV (Tex. App. Dec. 22, 2021)

Opinion

04-21-00552-CV

12-22-2021

IN RE Christine HORTICK, Relator


Original Mandamus Proceeding

This proceeding arises out of Relator's challenge to the certification of Shannon Roberta Salmón as a candidate for the 225th District Court in Bexar County, Texas. See TEX. ELECT. CODE ANN. § 273.061(a) (“[A] court of appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election or a political party convention, regardless of whether the person responsible for performing the duty is a public officer.”).

Patricia O. Alvarez, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

MEMORANDUM OPINION

PER CURIAM

STAY LIFTED; PETITION FOR WRIT OF MANDAMUS DENIED

On December 15, 2021, Relator Christine Hortick filed an emergency petition for a writ of mandamus: She challenged the certification by Respondent Monica Alcantara, Bexar County Democratic Party Chairwoman, of the name of Shannon Roberta Salmon for the Democratic Primary ballot for the 225th District Court of Bexar County.

On December 16, 2021, Hortick filed an emergency motion to stay the certification to the Secretary of State by Alcantara.

The same day, we granted Hortick's request for a stay, we ordered Alcantara to not certify the name of Shannon Roberta Salmon for the ballot for the 225th District Court of Bexar County pending further order of this court, and we ordered Alcantara to file a response.

On December 17, 2021, Alcantara filed a response; Salmon also filed a response, which requested sanctions against Hortick.

Having considered the petition, the record, Hortick's emergency motion, and Alcantara's and Salmon's responses, we conclude Hortick is not entitled to the relief sought. Accordingly, we lift our December 16, 2021 stay. Hortick's petition for writ of mandamus and Salmon's request for sanctions are denied.


Summaries of

In re Hortick

Court of Appeals of Texas, Fourth District, San Antonio
Dec 22, 2021
No. 04-21-00552-CV (Tex. App. Dec. 22, 2021)
Case details for

In re Hortick

Case Details

Full title:IN RE Christine HORTICK, Relator

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Dec 22, 2021

Citations

No. 04-21-00552-CV (Tex. App. Dec. 22, 2021)