Reprint from the Progress Times - February 15, 2008
©Progress Times 2008 - All Rights Reserved

 

Appeals Court affirms LJISD election overturned

 

By Jim Brunson

Affirming that illegal votes were cast in the May 12, 2007 La Joya Independent School District election for two places on the board of trustees, the 13th Court of Appeals in Corpus Christi ruled last Thursday that a new election must be held.

While not going so far as to confirm allegations made during the original trial that supporters of Team USA candidates Arturo Gonzalez and Esperanza Ochoa conspired to rig the election, the appellate court found that "77 illegal votes were cast and that 436 votes were cast that may have been illegal, but which cannot be determined"—largely due to the failure of election judges and election workers at the polling sites. The total number of questionable votes was more than enough to affect the outcome of the election.

The appeals court ruling calls for the original trial judge, Federico Hinojosa, to immediately set a new election date. That date will likely be sometime in March, according to those close to the case. As of presstime, Judge Hinojosa had not set the new election date, but was expected to do so in one or two days.

In the original trial court ruling—before the case was appealed—Judge Hinojosa ruled that there were so many voting irregularities in the May election that it was impossible to determine a winner.

In his ruling last October Judge Hinojosa said the following:

"Our system of government depends on free and fair elections.

“I find that the La Joya ISD school board election of May 12, 2007, and specifically the polling places at Bentsen Elementary and E.B. Reyna Elementary was anything but free and fair.

“I find that the contestants have proven by clear and convincing evidence that illegal votes were counted, that the officials failed to count some legal votes, and that the election officers engaged in fraud, illegal conduct and made mistakes all of which materially affected the outcome of the election.

“I find that the number of illegal votes is greater than the number of votes necessary to change the outcome of the two places on the ballot.

“However, I cannot ascertain the true outcome of the election.

“Therefore, I declare the La Joya ISD school board election of May 12, 2007 to be void.

“I order the La Joya Independent School District to conduct a new election for school board trustees…."

Last October, the judge said a new election was to be held February 16, 2008. However, the contestees, Arturo Gonzalez and Esperanza Ochoa, appealed the decision and the appellate court’s decision was rendered too late for the election to be held on that date. In addition to an early voting period prior to the actual election date, time must be allowed for voters to vote by mail, for all voters to have the opportunity to cast a vote.

The new election will be conducted by the Hidalgo County Elections Office under the direction of the court. The original election was conducted by La Joya ISD.

Teresa Navarro, Hidalgo County Elections Administrator, has said that she will see that election judges and election workers in the court-ordered election are fair and impartial. She intends to assign workers who do not live in the La Joya area or have political connections with the parties involved in the contest.

The candidates in the overturned election are Gonzalez and Ochoa, of "Team USA," with Elma Garza and Domingo "Mingo" Villarreal Jr. as their opponents. Gonzalez and Ochoa are aligned politically with State Representative Kino Flores. Garza and Villarreal are aligned with La Joya Mayor and long-time political power Billy Leo.