In Re Bell

91 S.W.3d 784, 45 Tex. Sup. Ct. J. 336, 2002 Tex. LEXIS 8, 2002 WL 87074
CourtTexas Supreme Court
DecidedJanuary 22, 2002
Docket02-0034
StatusPublished
Cited by117 cases

This text of 91 S.W.3d 784 (In Re Bell) 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
In Re Bell, 91 S.W.3d 784, 45 Tex. Sup. Ct. J. 336, 2002 Tex. LEXIS 8, 2002 WL 87074 (Tex. 2002).

Opinions

Justice O’NEILL

delivered the opinion of the Court,

joined by Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice OWEN, Justice JEFFERSON, and Justice RODRIGUEZ.

In this original mandamus proceeding, Kevin H. Bell asks this Court to require the Harris County Republican Primary Director and the Harris County Republican Party Chair to certify -him as a candidate for Justice of the Peace, Precinct 4, Position 1, on the March 12, 2002, Republican primary election ballot. We must decide whether certain signatures on Bell’s petition for a place on the ballot are invalid because the signers omitted their city of residence from their address. We conclude that the signatures are not invalid due ' to this omission and conditionally grant relief.

I

On December 28, 2001, Bell submitted his application for a place on the Republican primary ballot, along with a fifing fee and a petition containing voter signatures. By letter dated January 4, 2002, respondents rejected Bell’s application due to “insufficient signature requirements,” citing Texas Election Code section 141.063. [785]*785Respondents provided no further explanation for rejecting Bell’s application.

Bell sought mandamus relief from the court of appeals concerning respondents’ action, which the court summarily denied. Bell now seeks mandamus relief from this Court. See Tex. Elec.Code § 273.061. We ordered respondents to allow Bell to participate in the drawing for ballot position in the primary election, pending our decision on whether Bell’s name should be placed on the ballot.

II

For a place on the ballot, Bell needs 250 valid signatures on his petition, see Tex. Elec.Code §§ 141.062(a)(2), 172.021(e), assuming he satisfies all other Election Code requirements. Bell contends that respondents rejected his application because fifteen individuals who signed his petition omitted the city from their addresses, and another forty-three individuals omitted their city and zip code. Respondents do not dispute that they rejected Bell’s application for this reason.

Without these disputed signatures, Bell concedes that his petition does not contain the required 250 signatures. Moreover, respondents do not dispute that Bell meets the requisite number if these disputed signatures are counted. Thus, we must decide whether the disputed signatures are invalid under the Election Code, because some signers failed to identify their city of residence or their city of residence and zip code when providing their addresses.

III

Texas Election Code section 141.063(a), most recently amended in 1997, provides that a signature on a petition is valid if: “the signer, at the time of signing, is a registered voter of the territory from which the office sought is elected.... ” Tex. Elec.Code § 141.063(a)(1). Section 141.063(a)(2) further states that a signature is valid if the petition includes the following information with respect to each signer: “(A) the signer’s residence address; (B) the signer’s date of birth and the signer’s voter registration number and, if the territory from which signatures must be obtained is situated in more than one county, the county of registration; (C) the date of signing; and (D) the signer’s printed name.” Id. § 141.063(a)(2)(A)-(D). The Election Code defines “residence address” as “the street address and any apartment number, or the address at which mail is received if the residence has no address, and the city, state, and zip code that correspond to a person’s residence.” Id. § 1.005(17).

Section 1.003(a), which was added to the Election Code in 1985, states that “[t]he Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code.” Id. § 1.003(a); Act of May 9, 1985, 69th Leg., R.S., ch. 211, § 1, 1985 Tex. Gen. Laws 802, 805 (codified at Tex. Elec.Code § 1.003). The Code Construction Act states that the Legislature is presumed to have intended a “just and reasonable result” in enacting statutes. Tex. Gov’t Code § 311.021(3). It also makes clear that courts may consider the “legislative history” and the “object sought to be attained” in construing statutes. Id. § 311.023(1), (3). The legislative history to the 1997 Election Code amendments indicates that the Legislature was concerned with, among other things, preventing election fraud. See Senate Comm. On State AffairS, Bill Analysis, Tex. H.B. 331, 75th Leg., R.S. (1997); House Comm. On Elections, Bill Analysis, Tex. H.B. 331, 75th Leg., R.S. (1997). Thus, in assessing whether the contested signatures are invalid under section 141.063, this statutory purpose serves as a guide.

[786]*786Some courts of appeals have considered the effect of omitting the city or city and zip code from a- signer’s address under earlier versions of the Election Code and concluded that such omissions invalidate the signature. See, e.g., Pierce v. Peters, 599 S.W.2d 849, 851 (Tex.Civ.App.-San Antonio 1980, orig. proceeding); Shields v. Upham, 597 S.W.2d 502, 504 (Tex.Civ.App.-El Paso 1980, orig. proceeding); Gray v. Vance, 567 S.W.2d 16,17 (Tex.Civ.App.-Fort Worth 1978, orig. proceeding). However, these cases were decided under a prior version of the Election Code that did not specifically incorporate the Code Construction Act. Nor did. these decisions consider the issue in light of the Election Code’s purpose or .“object sought to be attained” by the petition signature requirement. We also note that these cases were decided under an earlier statutory provision that affirmatively stated, “[t]he petition must show the following information with respect to each signer: His address (including his street address if residing in a city, and his rural route address if not residing in a city) .... ” (emphasis added). Act of May 22, 1975, 64th Leg., R.S., ch. 675, § 1, 1975 Tex. Gen. Laws 2046, 2048 (repealed 1985) (current version at Tex. Elec.Code § 141.063). That mandatory language no longer appears in the section defining a signature’s validity. See Tex. Elec.Code § 141.063.

A few cases decided after the Code Construction Act was incorporated into the Election Code appeared to follow these earlier decisions. See, e.g., Shipley v. Harris County Democratic Executive Comm., 795 S.W.2d 766, 768 (Tex.App.Houston [1st Dist.] 1990, orig. proceeding), overruled sub nom. and subsequently vacated as moot Correa v. First Court of Appeals, 795 S.W.2d 704 (Tex.1990) (orig. proceeding); Atkinson v. Carter, 785 S.W.2d 449, 451-52 (Tex.App.-Houston [14th Dist.] 1990, orig. proceeding), overruled sub nom. Carter v. Fourteenth Court of Appeals, 789 S.W.2d 260 (Tex.1990) (orig. proceeding);

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Bluebook (online)
91 S.W.3d 784, 45 Tex. Sup. Ct. J. 336, 2002 Tex. LEXIS 8, 2002 WL 87074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bell-tex-2002.