Opinion
04-24-00837-CV
12-23-2024
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).
Sitting: Rebeca C. Martinez, Chief Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice
ORDER
PER CURIAM.
On December 20, 2024, relator filed a request for this court to issue a writ directing respondent to comply with this court's order dated December 19, 2024. However, the request does not allege, or provide a record demonstrating, that respondent has failed to comply with our prior order. Therefore, the relief relator now seeks is DENIED.
However, our prior order grants relator's petition for writ of mandamus, and orders Mr. Tellez to comply with his non-discretionary duties under Texas law:
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.
Accordingly, our prior order functions as a writ of mandamus, and relator may seek relief from this court regarding the enforcement of this court's prior order should respondent fail to comply with that order.
It is so ORDERED.