Reprint from the Progress Times - March 7, 2008
©Progress Times 2008 - All Rights Reserved

La Joya School re-election will be March 25

 

By Jim Brunson

The third time’s the charm. For the third time, a Texas court has decided that the overturned La Joya Independent School District trustee election must be held again, this time under court supervision.

Tuesday, March 4, the Texas Supreme Court declined to hear an appeal filed by contestees Esperanza Ochoa and Arturo Gonzalez. The decision means that the ruling for a new election by 275th District Court Judge Federico Hinojosa stands, said Ramon Garcia, attorney for the contestants Elma Garza and Domingo "Mingo" Villarreal Jr.

"The election will now pro­ceed," said Garcia. "It’s over… Now let the voters decide."

Garcia said the nine-member Supreme Court decides whether to examine a brief to determine if there is an issue they want to address. In this case they just dismissed it as moot.

Last October, Judge Hino­josa of the 275th District Court, ruled that the May 12, 2007 LJISD school board elections were conducted unfairly and illegally. His ruling said, "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."

Judge Hinojosa’s decision was appealed to the 13th Court of Appeals in Corpus Christi by the contestees. When the appel­late court upheld the lower court’s decision, affirming that illegal votes were cast in the May 12 election, it was too late to proceed with the original court-ordered election date of February 16, 2008. The appeals court ruled on February 7. However, the appellate court ordered the 275th District Court to immediately set a new elec­tion date.

The date set for the new, court-ordered election is March 25. Early voting will be held Mon­day through Wednesday, March 17, 18 and 19, according to Hidalgo County Elections Administrator Teresa Navarro. Polling hours will be 8 a.m. to 6 p.m., Monday and Tuesday, and 7 a.m. to 7 p.m. on Wednesday. On election day the polls will be open from 7 a.m. to 7 p.m.

Polling sites for both early voting and on election day will be at Sam Fordyce School, La Joya ISD Fine Arts Center and E.B. Reyna Elementary School.

Navarro said the election judges and election workers in the county-run, court-ordered election are experienced and well trained in election proce­dures.

Though the May, 2007 elec­tion has been voided by the courts, Esperanza Ochoa and Arturo Gonzalez continue to serve as voting members of the LJISD school board. The two "Team USA" candidates will face Elma Garza and Mingo Villarreal Jr. in the court-ordered election, March 25.