In Re: Jrmar "JJ" Jefferson and Lamar "Yaka" Jefferson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 8, 2023
• Docket: 05-23-00473-CV
• Status: Published

Opinion

DISMISS and Opinion Filed June 8, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00473-CV

IN RE JRMAR “JJ” JEFFERSON AND LAMAR “YAKA” JEFFERSON, Relators

Original Proceeding from Dallas County, Texas

MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Miskel In this original proceeding, relators seek mandamus relief to require that their

names be placed on the ballot for the May 6, 2023 election. Their petition comes too

late, however, because it was filed after the election. See In re Crenshaw, No. 05-

17-00330-CV, 2017 WL 1292013, at *1 (Tex. App—Dallas Apr. 7, 2017, orig.

proceeding) (mem. op.) (dismissing mandamus petition as moot because petition

was filed after early voting by mail had already begun); see also Bejarano v. Hunter,

899 S.W.2d 346, 352 (Tex. App.—El Paso 1995, no writ) (“Where voting has begun,

we believe the rights of the voters to an accurate, reliable ballot must override

[candidate’s] right to challenge his opponent’s insufficient application for a place on

that ballot.”). Accordingly, we dismiss as moot relators’ petition for writ of mandamus.

Having dismissed the petition, we also deny as moot relators’ pending motions for

declaratory relief, expedited consideration, and consolidation.

230473f.p05 /Emily Miskel/ EMILY MISKEL JUSTICE

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