In Re Gamble

71 S.W.3d 313, 45 Tex. Sup. Ct. J. 397, 2002 Tex. LEXIS 17, 2002 WL 242639
CourtTexas Supreme Court
DecidedFebruary 19, 2002
Docket02-0104
StatusPublished
Cited by99 cases

This text of 71 S.W.3d 313 (In Re Gamble) 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 Gamble, 71 S.W.3d 313, 45 Tex. Sup. Ct. J. 397, 2002 Tex. LEXIS 17, 2002 WL 242639 (Tex. 2002).

Opinions

Justice ENOCH

delivered the Court’s opinion

joined by Justice HECHT, Justice OWEN, and Justice RODRIGUEZ, and joined by Chief Justice PHILLIPS except for Part II B.

Brent Gamble, presiding judge of the 270th District Court in Harris County and candidate for reelection, asks this Court to order the Fourteenth Court of Appeals to vacate its conditional writ of mandamus that compels election officials to omit his name from the Republican primary ballot.1 Although we disagree with the court of appeals’ construction of the Election Code, we do agree Judge Gamble failed in the trial court to establish his entitlement to be on that primary ballot. As a result, the court of appeals was correct in ordering his name off the ballot. Accordingly, we deny this petition for writ of mandamus. But our reasons differ from the court of appeals.

I

On December 19, 2001, Judge Gamble filed his application to have his name placed on the Republican primary ballot. In that application, he identified the office sought as “Judge, 190th Civil Dist. Court.” Yet the petitions accompanying his application identified “District Judge, 270th Judicial District” as the elected office he sought. Initially, Judge Gamble was placed on the candidate list as a candidate for the 270th District Court. But on January 3, 2002, the day after the filing deadline, Kathy Haigler, Harris County Republican Party Primary Director, notified Judge Gamble that she planned to remove his name from the party’s candidate list because his application and his petitions did not match up as required by the Election Code.

On January 9, 2002, Judge Gamble filed a petition for injunctive relief in the 55th District Court in Harris County and sought a temporary restraining order against both Haigler and the Harris County Republican Party Secretary, Iris Manes.2 He ostensibly sought only to “prohibit” the party officials from removing his name, but the relief he sought was [316]*316to require the officials to submit his name as a candidate for the 270th District Court on the list of candidates being certified to the Texas Secretary of State’s office. His supporting affidavits showed that his political consultant prepared the application form, and that she mistakenly filled in “190th Civil Dist. Court” after completing an application for another client who held that office. Although Judge Gamble signed and swore to the truth of the application, he claims that he did not notice that the wrong court had been designated.

The trial court granted immediate relief. It ordered the secretary and primary director of the Harris County Republican Party to “refrain from omitting” Judge Gamble’s name as a candidate for judge of the 270th District Court from the list of candidates to be submitted to the Secretary of State and others by January 12, 2002, under section 172.029 of the Election Code. The court further ordered the party officials to “refrain from preventing” Judge Gamble from correcting his application. And as it is required to do, the trial court set the merits of Judge Gamble’s claims for a temporary injunction hearing on January 18, 2002.3

Judge Gamble promptly filed a corrected application and the Harris County Republican Party chair included him as a candidate for judge of the 270th District Court on the list of candidates delivered to the secretary of state. After Judge Gamble was added to the list, he nonsuited his petition rather than proceed to a merits consideration at the January 18 temporary injunction hearing.

Tasso Triantaphyllis, the Democratic candidate for judge of the 270th District Court, attempted to intervene, but Judge Gamble had already taken his nonsuit. Mr. Triantaphyllis also filed for mandamus relief in the Fourteenth Court of Appeals on January 18, asking the court to direct Jared Woodfill, Harris County Republican Party Chair, as well as other party officials, to remove Judge Gamble from the Republican primary ballot because of defects in his original application.

The court of appeals agreed that the original application was defective and concluded that Judge Gamble had no right to amend it after the January 2 filing deadline. The court further concluded that the party chair had a ministerial duty to omit Judge Gamble from the list of candidates certified for the primary election once he discovered the deficiency in Judge Gamble’s application. The court conditionally issued the writ, ordering the election officials to remove Judge Gamble from the list of candidates, thus omitting him from the 2002 Republican Party primary ballot.

II

Here, Judge Gamble complains that the court of appeals erred in its construction of the Election Code and abused its discretion in issuing the conditional writ that removes him from the primary ballot. His argument relies on sections 141.032 and 273.081 of the Election Code. Section 141.032(a) provides that a party official “shall review the application to determine whether it complies with the requirements as to form, content, and procedure.”4 This review is to be completed within five days after the application is filed unless the application is accompanied by a petition.5 If an application is accompanied by a petition, as was the case with Judge Gamble’s application, the “review shall be completed as soon as practicable after the [317]*317date” it’s filed.6 If an application is defective, the election official must reject it and notify the candidate immediately in writing of the reason for the rejection.7

Judge Gamble argues that had party officials promptly notified him that his application and petitions were in conflict, as was their duty under section 141.032, he would have quickly remedied the error by amending the application to reflect his desire to be a candidate for the 270th District Court. He also argues that he could have corrected the error before the January 2 deadline because he had filed his application on December 19, well in advance of the deadline. Judge Gamble submits that because the party officials failed to notify him of the defect until January 3 and, therefore, prevented him from curing the defect before the fifing deadline, he is entitled to injunctive relief under section 273.081, which provides:

A person who is being harmed or is in danger of being harmed by a violation or threatened violation of this code is entitled to appropriate injunctive relief to prevent the violation from continuing or occurring.8

A request for injunctive relief invokes a court’s equity jurisdiction.9 As is evident, the Legislature has specifically called upon the courts to exercise their equitable powers to resolve election code violations. And when exercising such jurisdiction, a court must, among other things, balance competing equities.10 Thus, the provision for injunctive relief in section 273.081 of Election Code incorporates these principles which, in turn, control the remedy.

Judge Gamble concludes that one remedy a candidate may obtain under this section is a reasonable extension of time beyond the January 2 deadline to cure a defective application which could have been corrected before the deadline but for the neglect of the party officials to act.

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Cite This Page — Counsel Stack

Bluebook (online)
71 S.W.3d 313, 45 Tex. Sup. Ct. J. 397, 2002 Tex. LEXIS 17, 2002 WL 242639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gamble-tex-2002.