Opinion
No. 14-06-00008-CV
Opinion filed January 10, 2006.
Original Proceeding Writ of Mandamus.
Petition for Writ of Mandamus Denied.
Panel consists of Justices FOWLER, EDELMAN, and GUZMAN.
MEMORANDUM OPINION
On January 6, 2006, relator, Glory Hopkins, filed a petition for writ of mandamus in this court. See TEX. GOV'T CODE ANN. § 22.221 (Vernon 2005); TEX. ELEC. CODE ANN. §§ 161.009, 273.061 (Vernon 1986); see also TEX. R. APP. P. 52. Relator seeks a writ of mandamus directing Eric Thode, County Chairman of the Republican Party of Fort Bend County, to accept her application and certify her for placement on the Republican party general primary ballot as a candidate for the District Clerk of Fort Bend County. Thode rejected relator's application because it was not received by January 2, 2006, at 6:00 p.m.
Relator seeks equitable relief from the statutory deadline to file her application for a place on the general primary election ballot. See TEX. ELEC. CODE ANN. §§ 172.023(a) (Vernon 1986). As relevant to this case, courts may fashion an equitable remedy, including extension of a statutory deadline, to correct an official's violation of a statutory duty. See In re Gamble, 71 S.W.3d 313, 318 (Tex. 2002). On this record, relator has not established that the failure to timely file her application resulted from the violation of a statutory duty.
Accordingly, we deny relator's petition for writ of mandamus.