In Re: Barry Wernick v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 3, 2024
• Docket: 05-24-00524-CV
• Status: Published

Opinion

DISMISS IN PART AND DENY IN PART and Opinion Filed May 3, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00524-CV

IN RE BARRY WERNICK, Relator

Original Proceeding from Dallas County, Texas

MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Kennedy Opinion by Justice Goldstein Before the Court is relator’s May 3, 2024 Emergency Petition for Writ of

Mandamus and Injunction. Relator seeks mandamus and injunctive relief against

Matt Rinaldi, in his official capacity as Chair, Texas Republican Party and Recount

Coordinator, HD 108; Jennifer Stoddard-Hajdu, in her official capacity as Chair,

Dallas County Republican Party, Recount Supervisor and Presiding Officer; and

Heider Garcia, in his official capacity as Elections Administrator, Dallas County.

We do not have jurisdiction to grant any sort of writ other than a writ of

mandamus in an original proceeding under the election code. See TEX. GOV’T CODE

ANN. § 22.221(a); In re Meyer, No. 05-16-00063-CV, 2016 WL 375033, at *5–*6

(Tex. App.—Dallas Feb. 1, 2016, orig. proceeding) (mem. op.) (“A suit for

injunctive relief in an appropriate trial court is the proper avenue for relief if a person is in danger of being harmed by a threatened violation of the election code.”). Thus,

to the extent relator seeks a writ of injunction, we dismiss the petition for want of

jurisdiction.

The Texas elections code grants this Court limited jurisdiction to consider a

petition for writ of mandamus to “compel the performance of any duty imposed by

law in connection with the holding of an election . . . regardless of whether the person

responsible for performing the duty is a public officer.” TEX. ELEC. CODE ANN.

§ 273.061(a); see also In re Claire, No. 05-22-00018-CV, 2022 WL 71868, at *1

(Tex. App.—Dallas Jan. 7, 2022, orig. proceeding) (mem. op.). To the extent relator

requests mandamus relief, we conclude that relator failed to show his entitlement to

the relief requested and thus deny the petition for writ of mandamus.

240524f.p05 /Bonnie Lee Goldstein// BONNIE LEE GOLDSTEIN JUSTICE

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