Opinion
04-24-00837-CV
12-19-2024
IN RE Jay FURMAN
This proceeding arises out of dispute between relator and Salvador Tellez, the Recount Chair for Webb County, Texas, regarding the copying of challenged ballots under Texas Election Code section 213.013(i). See Tex. Elec. 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.").
Sitting: Rebeca C. Martinez, Chief Justice, Lori I. Valenzuela, Justice Lori Massey Brissette, Justice
Opinion to follow.
PER CURIAM
On December 6, 2024, relator filed an emergency petition for writ of mandamus, asserting Salvador Tellez, the Recount Chair for Webb County, is violating relator's right under section 213.013(i) of the Texas Election Code to photocopy ballots cast in the November 2024 election Texas. On December 18, 2024, relator filed a supplement to his petition. On December 9, 2024, this court requested responses from respondent and any other interested party. No responses were filed.
It is undisputed that relator challenged all of the ballots filed in Webb County for the November 2024 election via a "blanket challenge," and we have found no authority holding a blanket challenge is ineffective to trigger a person's rights under section 213.013(i) to photocopy all such challenged ballots.
After considering the mandamus petition and its supplement, we conclude Mr. Tellez is violating section 213.013(i) of the Texas Election Code. Therefore, we GRANT the writ of mandamus and ORDER Mr. Tellez to immediately permit relator and relator's watchers to photocopy under the chair's supervision all ballots, including any supporting materials, blanket challenged by relator. See Tex. Elec. Code Ann. § 213.013.
It is so ORDERED.