AFFIRMED and Opinion Filed August 26, 2024
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00938-CV
LAMAR "YAKA" JEFFERSON AND JRMAR "JJ" JEFFERSON, Appellants V. ADAM BAZALDUA AND ERIC JOHNSON, Appellees
On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-07425
MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Garcia Opinion by Justice Reichek In this appeal of two election contests brought by brothers Lamar Jefferson
and Jrmar Jefferson, we consider whether the trial court erred in granting the
prevailing candidates’ pleas to the jurisdiction. Because the Jeffersons were not on
the ballot, we conclude they lacked standing to bring an election contest and affirm
the trial court’s order.
Background
In a municipal election held in Dallas on May 6, 2023, Adam Bazaldua was
elected to the Dallas City Council for District 7 (“District 7”) and Eric Johnson was elected Dallas Mayor. On June 5, 2023, Lamar Jefferson (“Lamar”) and Jrmar
Jefferson (“Jrmar”) filed a pro se joint original petition, which they amended four
days later, contesting these election results.1 They alleged Lamar was a candidate
for District 7 and Jrmar was a candidate for mayor. The Jeffersons asserted the
election results were inaccurate because election officials counted illegal votes,
prevented eligible voters from voting, failed to count legal votes, engaged in other
fraud or illegal conduct, or made a mistake.
As the Jeffersons acknowledged in their petition, neither Lamar nor Jrmar
appeared on the ballot for the May 6 election. They were both disqualified, Jrmar
for not submitting the required number of valid signatures and Lamar for failing to
meet voter registration requirements. A City of Dallas webpage titled, “Candidates
for the May 6, 2023 General Election,” indicates they both filed for a place on the
May 6, 2023 ballot, but were not qualified. See electCandidates_May2023
(dallascityhall.com) (last visited August 21, 2024) (“Candidates for the May 6, 2023
General Election”). The Jeffersons’ petition includes arguments about why they
should have been on the ballot.
Bazaldua filed a combined answer, plea to the jurisdiction, and motion to
dismiss. By his plea, he asserted that Lamar lacked standing to bring an election
contest because Lamar was not a candidate for District 7. Bazaldua argued that only
1 The petition named other plaintiffs who contested the results of various city council races and named other defendants, but those parties are not part of this appeal. –2– candidates can bring an election contest. Similarly, Johnson filed a plea to the
jurisdiction in which he asserted Jrmar lacked standing to contest the mayoral
election because he was not a candidate.
On September 12, 2023, Judge Charles Stokes, sitting by assignment, granted
Bazaldua’s plea to the jurisdiction and dismissed Lamar’s claims with prejudice. On
September 28, 2023, Judge Stokes granted Johnson’s plea to the jurisdiction and
dismissed “the case” with prejudice.
The Jeffersons filed a joint notice of appeal from the trial court’s order
granting Bazaldua’s plea to the jurisdiction. Jrmar also filed a notice of appeal from
the order granting Johnson’s plea. We consolidated the two appeals because the
interlocutory order granting Bazaldua’s plea merged into the final order granting
Johnson’s plea and dismissing the case.
The Jeffersons, who are also pro se on appeal, have each filed an appellate
brief. Many of their issues and arguments are the same. As we interpret their briefs,
their issues can be divided into the following main categories: (1) arguments that
they have standing to contest the elections because they were candidates; (2)
arguments challenging the fact that they were left off the ballot for the May 6, 2023
election; (3) arguments about the merits of their election contest cases; and (4)
arguments about the trial court’s failure to make findings of fact and conclusions of
law.
–3– Election Contest
The Jeffersons first argue the trial court should not have granted the
contestees’ pleas to the jurisdiction because the Jeffersons have standing to contest
the election. We disagree.
Standing is a component of subject-matter jurisdiction. Farmers Tex. Cty.
Mut. Ins. Co. v. Beasley, 598 S.W.3d 237, 240 (Tex. 2020). We review the pleas to
the jurisdiction de novo. Id. In applying a de novo standard of review to a standing
determination, we construe the pleadings in the plaintiffs’ favor, but we also consider
relevant evidence offered by the parties. Id.
Election contests are creatures of statute, and the power of a trial court to
consider such contests exists only to the extent authorized by statute. Nichols v. Seei,
97 S.W.3d 882, 883 (Tex. App.—Dallas 2003, no pet.). Title 14 of the Texas
Election Code governs election contests. Any candidate in an election may contest
the election. TEX. ELEC. CODE ANN. § 232.002. The purpose of an election contest
is to determine whether the outcome of an election is correct. Rodriguez v. Rangel,
679 S.W.3d 890, 903 (Tex. App.—San Antonio 2023, pet. denied). A trial court
hearing the contest shall attempt to ascertain whether the outcome of the contested
election, as shown by the final canvass, is not the true outcome because illegal votes
were counted, or the election officer or other official prevented eligible voters from
voting, failed to count legal votes, or engaged in other fraud or illegal conduct or
made a mistake. TEX. ELEC. CODE ANN. § 221.003(a). If a contestant meets his
–4– burden of proof and the trial court can ascertain the true outcome of the election, it
shall declare the outcome; however if the court cannot ascertain the true outcome, it
must declare the election void. Id. § 221.012. With limited exceptions, the candidates
in a new election ordered by a court in an election contest are the same candidates
who were in the contested election. Id. § 232.042.
Title 14, which authorizes “any candidate in an election” to bring an election
contest, does not define “candidate.” If a term in a statute is not defined, we interpret
the term according to its ordinary meaning. Broadway Nat’l Bank v. Yates Energy
Corp., 631 S.W.3d 16, 24 (Tex. 2021). We further consider statutes as a whole,
rather than their isolated provisions. TGS-NOPEC Geophysical Co. v. Combs, 340
S.W.3d 432, 439 (Tex. 2011). We presume the Legislature chooses a statute’s
language with care, including each word chosen for a purpose, while purposefully
omitting words not chosen. Id. We will not give an undefined term a meaning that
is out of harmony or inconsistent with the other terms in the statute. State v.
$1,760.00 in U.S. Currency, 406 S.W.3d 177, 180 (Tex. 2013). If a different, more
limited, or precise definition is apparent from the term’s use in the context of the
statute, we apply that meaning. Id. Therefore, when an undefined term has multiple
common meanings, the definition most consistent within the context of the statute’s
scheme applies. Id. at 180–81.
The Jeffersons contend the definition of “candidate” found in Title 15 of the
election code applies.
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AFFIRMED and Opinion Filed August 26, 2024
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00938-CV
LAMAR "YAKA" JEFFERSON AND JRMAR "JJ" JEFFERSON, Appellants V. ADAM BAZALDUA AND ERIC JOHNSON, Appellees
On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-07425
MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Garcia Opinion by Justice Reichek In this appeal of two election contests brought by brothers Lamar Jefferson
and Jrmar Jefferson, we consider whether the trial court erred in granting the
prevailing candidates’ pleas to the jurisdiction. Because the Jeffersons were not on
the ballot, we conclude they lacked standing to bring an election contest and affirm
the trial court’s order.
Background
In a municipal election held in Dallas on May 6, 2023, Adam Bazaldua was
elected to the Dallas City Council for District 7 (“District 7”) and Eric Johnson was elected Dallas Mayor. On June 5, 2023, Lamar Jefferson (“Lamar”) and Jrmar
Jefferson (“Jrmar”) filed a pro se joint original petition, which they amended four
days later, contesting these election results.1 They alleged Lamar was a candidate
for District 7 and Jrmar was a candidate for mayor. The Jeffersons asserted the
election results were inaccurate because election officials counted illegal votes,
prevented eligible voters from voting, failed to count legal votes, engaged in other
fraud or illegal conduct, or made a mistake.
As the Jeffersons acknowledged in their petition, neither Lamar nor Jrmar
appeared on the ballot for the May 6 election. They were both disqualified, Jrmar
for not submitting the required number of valid signatures and Lamar for failing to
meet voter registration requirements. A City of Dallas webpage titled, “Candidates
for the May 6, 2023 General Election,” indicates they both filed for a place on the
May 6, 2023 ballot, but were not qualified. See electCandidates_May2023
(dallascityhall.com) (last visited August 21, 2024) (“Candidates for the May 6, 2023
General Election”). The Jeffersons’ petition includes arguments about why they
should have been on the ballot.
Bazaldua filed a combined answer, plea to the jurisdiction, and motion to
dismiss. By his plea, he asserted that Lamar lacked standing to bring an election
contest because Lamar was not a candidate for District 7. Bazaldua argued that only
1 The petition named other plaintiffs who contested the results of various city council races and named other defendants, but those parties are not part of this appeal. –2– candidates can bring an election contest. Similarly, Johnson filed a plea to the
jurisdiction in which he asserted Jrmar lacked standing to contest the mayoral
election because he was not a candidate.
On September 12, 2023, Judge Charles Stokes, sitting by assignment, granted
Bazaldua’s plea to the jurisdiction and dismissed Lamar’s claims with prejudice. On
September 28, 2023, Judge Stokes granted Johnson’s plea to the jurisdiction and
dismissed “the case” with prejudice.
The Jeffersons filed a joint notice of appeal from the trial court’s order
granting Bazaldua’s plea to the jurisdiction. Jrmar also filed a notice of appeal from
the order granting Johnson’s plea. We consolidated the two appeals because the
interlocutory order granting Bazaldua’s plea merged into the final order granting
Johnson’s plea and dismissing the case.
The Jeffersons, who are also pro se on appeal, have each filed an appellate
brief. Many of their issues and arguments are the same. As we interpret their briefs,
their issues can be divided into the following main categories: (1) arguments that
they have standing to contest the elections because they were candidates; (2)
arguments challenging the fact that they were left off the ballot for the May 6, 2023
election; (3) arguments about the merits of their election contest cases; and (4)
arguments about the trial court’s failure to make findings of fact and conclusions of
law.
–3– Election Contest
The Jeffersons first argue the trial court should not have granted the
contestees’ pleas to the jurisdiction because the Jeffersons have standing to contest
the election. We disagree.
Standing is a component of subject-matter jurisdiction. Farmers Tex. Cty.
Mut. Ins. Co. v. Beasley, 598 S.W.3d 237, 240 (Tex. 2020). We review the pleas to
the jurisdiction de novo. Id. In applying a de novo standard of review to a standing
determination, we construe the pleadings in the plaintiffs’ favor, but we also consider
relevant evidence offered by the parties. Id.
Election contests are creatures of statute, and the power of a trial court to
consider such contests exists only to the extent authorized by statute. Nichols v. Seei,
97 S.W.3d 882, 883 (Tex. App.—Dallas 2003, no pet.). Title 14 of the Texas
Election Code governs election contests. Any candidate in an election may contest
the election. TEX. ELEC. CODE ANN. § 232.002. The purpose of an election contest
is to determine whether the outcome of an election is correct. Rodriguez v. Rangel,
679 S.W.3d 890, 903 (Tex. App.—San Antonio 2023, pet. denied). A trial court
hearing the contest shall attempt to ascertain whether the outcome of the contested
election, as shown by the final canvass, is not the true outcome because illegal votes
were counted, or the election officer or other official prevented eligible voters from
voting, failed to count legal votes, or engaged in other fraud or illegal conduct or
made a mistake. TEX. ELEC. CODE ANN. § 221.003(a). If a contestant meets his
–4– burden of proof and the trial court can ascertain the true outcome of the election, it
shall declare the outcome; however if the court cannot ascertain the true outcome, it
must declare the election void. Id. § 221.012. With limited exceptions, the candidates
in a new election ordered by a court in an election contest are the same candidates
who were in the contested election. Id. § 232.042.
Title 14, which authorizes “any candidate in an election” to bring an election
contest, does not define “candidate.” If a term in a statute is not defined, we interpret
the term according to its ordinary meaning. Broadway Nat’l Bank v. Yates Energy
Corp., 631 S.W.3d 16, 24 (Tex. 2021). We further consider statutes as a whole,
rather than their isolated provisions. TGS-NOPEC Geophysical Co. v. Combs, 340
S.W.3d 432, 439 (Tex. 2011). We presume the Legislature chooses a statute’s
language with care, including each word chosen for a purpose, while purposefully
omitting words not chosen. Id. We will not give an undefined term a meaning that
is out of harmony or inconsistent with the other terms in the statute. State v.
$1,760.00 in U.S. Currency, 406 S.W.3d 177, 180 (Tex. 2013). If a different, more
limited, or precise definition is apparent from the term’s use in the context of the
statute, we apply that meaning. Id. Therefore, when an undefined term has multiple
common meanings, the definition most consistent within the context of the statute’s
scheme applies. Id. at 180–81.
The Jeffersons contend the definition of “candidate” found in Title 15 of the
election code applies. Title 15 pertains to “Regulating Political Funds and
–5– Campaigns,” and requires candidates to report political contributions and
expenditures. TEX. ELEC. CODE ANN. § 254.061. It broadly defines “candidate” as
“a person who knowingly and willingly takes affirmative action for the purpose of
gaining nomination or election to public office.” Id. § 251.001(1). The election
code uses a similar definition of candidate in several places in Title 3, which governs
election officers and observers. See id. §§ 31.035(c), 32.053(c), 32.054(c),
32.055(b), 33.032(b) (“candidate” is “a person who has taken affirmative action, as
described by the law regulating political funds and campaigns, for the purpose of
gaining nomination or election.”).
The Jeffersons would have us read into § 232.002 words that are not there.
Title 14 and Title 15 serve different purposes. If the legislature had intended for the
broad definition of candidate found in Title 15 of the election code to apply to
election contests, it would have included that definition in Title 14. Because it did
not, we presume the Legislature intended a different, more limited, definition of
candidate to apply in an election contest. Defining “candidate” to mean a person
whose name appears on the ballot for an office on Election Day is consistent with
the purpose of an election contest, which contemplates a new election with the same
candidates if it is shown that the outcome as shown by the final canvass was not the
true outcome of the election. It would be illogical in this context to permit a person
who was not on the ballot to overturn an election. Because they were disqualified
and did not appear on the ballot, the Jeffersons were not candidates for purposes of
–6– Title 14 of the election code. They therefore lacked standing to bring an election
contest.
The Jeffersons also argue the merits of their election contest. They assert the
election process suffered from fraud, irregularities, and administrative errors.
Because they lacked standing to contest the election results, these issues were not
before the trial court or us on appeal.
Disqualification
The Jeffersons also argue that they should not have been left off the ballot for
the election. To the extent this issue was raised by their amended petition, it is moot,
as we previously held when we dismissed an original proceeding they filed after the
election, asking that their names be placed on the ballot. See In re Jefferson, No.
05-23-00473-CV, 2023 WL 3881077, at *1 (Tex. App.—Dallas June 8, 2023, orig.
proceeding) (mem. op.). It is well established that issues regarding the validity of a
person’s application to appear on the ballot become moot once an election
commences. In re Crenshaw, No. 05-17-00330-CV, 2017 WL 1292013, at *1 (Tex.
App.—Dallas Apr. 7, 2017, no pet.) (mem. op.). A court lacks subject matter
jurisdiction to decide a moot controversy. In re Guardianship of Fairley, 650
S.W.3d 372, 379 (Tex. 2022). The trial court did not err in dismissing any claims
related to the Jeffersons’ omission from the ballot.
–7– Findings of Fact and Conclusions of Law
In addition, the Jeffersons argue the trial court erred in failing to make findings
of fact and conclusions of law after they timely requested them and filed a notice of
past due findings and conclusions. They contend they are entitled to an automatic
reversal.
Under rule of civil procedure 296, in any case tried in district or county court
without a jury, a party may request the court to state in writing its findings of fact
and conclusions of law. TEX. R. CIV. P. 296. A trial court has no duty to file findings
of fact and conclusions of law when a case, like this one, has been dismissed for lack
of subject matter jurisdiction and no evidentiary hearing has been held. Hall v. City
of Bryan, No. 10-10-00403-CV, 2011 WL 4712243, at *1 (Tex. App.—Waco Oct.
5, 2011, pet. denied) (mem. op.); see IKB Indus. v. Pro-Line Corp., 938 S.W.2d 440,
443 (Tex. 1997); Primestar Constr, Inc. v. City of Dallas, No. 05-17-01447-CV,
2019 WL 1033978, at *5 (Tex. App.—Dallas March 5, 2019, pet. denied) (mem.
op.). Here, where it was undisputed the Jeffersons were not on the ballot for the May
6 election and the issues before the trial court were purely legal, the trial court did
not err in failing to make findings of fact and conclusions of law. Even if it did, the
Jeffersons do not explain how they have been harmed. They have not had to guess
the reason the trial court ruled against them and have been able to present their
argument that they had standing to contest the election results. See Larry F. Smith,
Inc. v. The Weber Co., 110 S.W.3d 611, 614 (Tex. App.—Dallas 2003, pet. denied).
–8– Miscellaneous Issues
The Jeffersons make additional arguments that are inadequately briefed. We
construe liberally pro se pleadings and briefs; however, we hold pro se litigants to
the same standards as licensed attorneys and require them to comply with applicable
laws and rules of procedure. In re N.E.B., 251 S.W.3d 211, 211–12 (Tex. App.—
Dallas 2008, no pet.). To do otherwise would give a pro se litigant an unfair
advantage over a litigant represented by counsel. Id. at 212. When a party fails to
adequately brief a complaint, he waives the issue on appeal. Id.
The Jeffersons suggest the trial judge’s stated familiarity with the Texas
Election Code somehow called into question his impartiality. Second, Jrmar
contends that counsel for Mayor Johnson violated disciplinary rules in presenting
arguments. They have not supported these contentions with appropriate citations to
the record or legal authority. See TEX. R. APP. P. 38.1(i). As a result, they have
waived these issues.
Pending Motions
There are two motions pending in this appeal. Shortly before submission, the
Jeffersons filed a motion asking us to take judicial notice of the election page on the
City’s website, various provisions of the election code, case law, and portions of the
record in this case. The Jeffersons also filed a motion requesting a written opinion.
–9– Because we have issued a written opinion and considered the relevant facts and law,
by this opinion, and by separate order, we deny these motions as moot.
We affirm the trial court’s order dismissing the case with prejudice.
/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 230938F.P05
–10– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
LAMAR "YAKA" JEFFERSON On Appeal from the 101st Judicial AND JRMAR "JJ" JEFFERSON, District Court, Dallas County, Texas Appellants Trial Court Cause No. DC-23-07425. Opinion delivered by Justice No. 05-23-00938-CV V. Reichek. Justices Goldstein and Garcia participating. ADAM BAZALDUA AND ERIC JOHNSON, Appellees
In accordance with this Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
It is ORDERED that appellees ADAM BAZALDUA AND ERIC JOHNSON recover their costs of this appeal from appellants LAMAR "YAKA" JEFFERSON AND JRMAR "JJ" JEFFERSON.
Judgment entered this 26th day of August 2024.
–11–