Opinion
No. 04-04-00094-CV.
Delivered and Filed: March 3, 2004.
In this proceeding, relator seeks the issuance of a writ of mandamus against Roy R. Barrera, Jr., Bexar County Republican Party Chair, pursuant to section 273.061 of the Texas Election Code. Tex. Elec. Code Ann. § 273.061 (Vernon 2003).
Petition for Writ of Mandamus Denied.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Karen ANGELINI, Justice.
MEMORANDUM OPINION
The court has considered relator's petition for writ of mandamus and is of the opinion that relief should be denied. See Bryant v. Dallas County Democratic Executive Comm., 451 S.W.2d 803, 804 (Tex.Civ.App.-Dallas 1970, orig. proceeding); see also Leach v. Fischer, 669 S.W.2d 844, 847 (Tex. App.-Fort Worth 1984, orig. proceeding) (noting timely tender of second check which was not paid in due course in no way cures prior defect in payment); Elec. Letter Advisory DAD-11 (1982) (if check tendered for filing fee is returned for insufficient funds after the expiration of the filing deadline, candidate cannot be placed on the ballot). Accordingly, relator's petition for writ of mandamus is denied. Relator shall pay all costs incurred in this proceeding.