Davis v. Taylor

930 S.W.2d 581, 1996 WL 546246
CourtTexas Supreme Court
DecidedSeptember 25, 1996
Docket96-0872
StatusPublished
Cited by51 cases

This text of 930 S.W.2d 581 (Davis v. Taylor) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Taylor, 930 S.W.2d 581, 1996 WL 546246 (Tex. 1996).

Opinions

SPECTOR, Justice,

delivered the opinion of the Court,

in which GONZALEZ, HECHT, CORNYN, OWEN, BAKER and ABBOTT, Justices, join.

In this original proceeding, the Honorable Rex Davis seeks mandamus relief to require that his name be placed on the ballot as the Republican nominee for Chief Justice of the Court of Appeals for the Tenth Court of Appeals District. The issue is whether a nominee whose candidacy has not been properly certified to the Secretary of State through no fault of the nominee’s is entitled to any relief. We conditionally grant in part the requested writ of mandamus.

On February 24, 1996, the Honorable Bob L. Thomas, Chief Justice of the Court of Appeals for the Tenth Court of Appeals Dis-[582]*582triet, died during his term of office. On May 31st, Rex Davis took office to serve until the next general election, having been appointed by the Governor. Because the office became vacant after the sixty-fifth day before the March 12th Republican primary election, the party was then entitled (though not required) to nominate a candidate to run in the November general election to fill the four years remaining in Chief Justice Thomas’s term. See Tex. Elec.Code §§ 145.036; 202.006(a).

On June 3rd, the Republican District Executive Committee for the Tenth Court of Appeals District, composed of the party chairs of the sixteen counties within the district, met and timely exercised its discretion under the Election Code to select Davis as the party’s nominee for the office. No one disputes that the party was entitled to select a nominee, and the respondents and real parties in interest raise no substantial dispute that Davis was duly nominated. Once the nomination was made, Davis became the Republican candidate for the position.

Respondent M.A. Taylor, who also serves as Republican County chair for McLennan County, was elected chair of the district committee at the June 3rd meeting. The Election Code required Taylor, as chair, to comply with applicable portions of section 145.037 and certify Davis as the Republican nominee to the Secretary of State by 5:00 p.m. on the 60th day before the election— September 6th, in this instance. See Tex. Elec.Code § 145.037(a), (e). Taylor was unaware of that statutoiy obligation.

On September 4th, the McLennan County elections supervisor furnished Taylor a list of Republican candidates for office to be placed on the McLennan County ballot for the November general election. Davis’s name appeared on that list. The next day, Taylor met with the supervisor and gave her a list of Republican candidates for McLennan County, including Davis. Taylor understood that the supervisor would use this list to notify the Secretary of State’s office of the ballot order and candidates for office. Taylor did nothing further until September 12th. On that date, Davis informed Taylor that Davis had learned that his name was not on the sample ballot. That same day, Taylor faxed a letter to the Secretary of State notifying him of Davis’s nomination. The Secretary of State notified Taylor on September 16th that he was rejecting Taylor’s certification of Davis because it was untimely and not properly acknowledged.1

Chief Justice Davis filed for mandamus relief against Taylor and the Secretary of State in this Court on September 18th. He offered as justification for not first seeking relief in the court of appeals that ballots could be printed immediately and that ballots for voting by mail could be sent out as early as September 21st under section 86.004 of the Election Code. See Tex.R.App. P. § 121(a)(1). We immediately requested responses from the respondents and the real parties in interest, the Texas Democratic Party, its chair, Bill White, and the Democratic candidate for office, Joe B. Cannon. In response to Davis’s request for temporary relief, we issued an order on September 20th directing the Secretary of State to notify election officials within the tenth district not to print or mail ballots pending this Court’s further order. 39 Tex. Sup.Ct. J. 1121 (Sept. 20, 1996). We then heard oral argument on an expedited basis on September 24th.

As a threshold matter, we agree that compelling circumstances justify bypassing the court of appeals in this instance. The impending election places this case well within the narrow exception provided for in Rule 121(a)(1) of the Rules of Appellate Procedure. See LaRouche v. Hannah, 822 S.W.2d 632, 633 (Tex.1992). We therefore exercise our jurisdiction.

The issue that confronts us is whether a candidate who is omitted from the ballot solely because of a party official’s failure to perform a nondiscretionary duty may obtain any relief when both the statutory deadline for the party official to certify the candidate and the later deadline for the Secretary of State to act on that certification have passed. See Tex Eleo.Code §§ 145.037 (providing that certification must be delivered not later than 5:00 p.m. of the sixtieth day before the [583]*583election); 161.008 (providing that the Secre- ⅜ tary of State must certify candidates for the general election nominated at a primary election or convention of a political party not later than the fifty-fifth day before the general election).2

In the past, when a candidate has been denied a place on the ballot solely through the fault of responsible officials, we have generally granted mandamus relief. For example, in LaRouche, this Court ordered a candidate in the Democratic presidential primary to be certified after the statutory deadline. 822 S.W.2d at 634. In that case, the party’s refusal to certify the candidate was based on a mistake of law-the parly chair refused to certify Lyndon LaRouche because he was a convicted felon, even though the controlling federal law did not bar his candidacy. Id. at 633. Although LaRouche was a candidate for a primary election, the situation here is analogous: Taylor, the official required to certify Davis’s nomination, did not comply with the law.

Similarly, in Painter v. Shaner, we granted mandamus relief to a candidate for sheriff who was threatened with omission from the ballot. 667 S.W.2d 123, 124 (Tex.1984). The candidate was unable to timely file a statutorily required application with the county party chair because the party’s offices were locked on the date of the statutory deadline. We noted that the candidate would be deprived of a place on the ballot through no fault of his own. Id. at 125. In conditionally granting mandamus relief, we emphasized that the party chair “had a duty to be available to accept applications for filing” until the statutoiy filing deadline. Id. Likewise, Taylor had a duty to certify Davis’s nomination to the Secretary of State in a timely manner.

In LaRouche, Painter, and like eases, we have declined to require rigid adherence to statutoiy deadlines when a candidate otherwise entitled to a place on the ballot faces elimination from a race because of an election official’s failure to perform a nondiscretion-ary duty through no fault of the candidate’s. Instead, we adhere to the principle that we should construe laws broadly in favor of eligibility of interest in access to the ballot underlies this doctrine.

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Bluebook (online)
930 S.W.2d 581, 1996 WL 546246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-taylor-tex-1996.