Opinion
No. 13-06-193-CV
Opinion Delivered and Filed: April 26, 2006.
On Petition for Writ of Mandamus and Motion for Emergency Temporary Relief.
Before Justices HINOJOSA, YAÑEZ, and GARZA.
MEMORANDUM OPINION
On April 25, 2006, relators, Calvin G. Dence and East End Lumber Company, filed a petition for writ of mandamus with this Court. Relators' petition for writ of mandamus asks this Court to order the Respondents, Scarlet Swoboda, City Secretary for the City of Victoria, Texas, and George Matthews, Victoria County Elections Administrator, to refrain from using all ballots that have been prepared for the May 13, 2006 Election and to prepare new ballots that do not contain a vote on a referendum on Ordinance 2006-2, adding Section 10-30 to the Victoria City Code. In addition, relators have filed a motion for emergency relief, asking this Court to order a stay so as to maintain the status quo during the pendency of this original proceeding, to immediately refrain from using all ballots that have been prepared for the May 13, 2006 Election, to prepare new ballots that do not contain a vote on a referendum on Ordinance 2006-2, adding Section 10-30 to the Victoria City Code, and to order respondents to file a response to relators' petition for writ of mandamus.
The Court, having examined and fully considered the relators' motion for emergency relief and petition for writ of mandamus, is of the opinion that relators have not shown themselves entitled to the relief sought and the motion for emergency relief and petition for writ of mandamus should be denied. See TEX. R. APP. P. 52.8. Accordingly, the motion for emergency relief and petition for writ of mandamus are hereby DENIED.