Rudy Bowles Files Lawsuit for Declaratory Judgment, Motion for Temporary Restraining Order, Temporary & Permanent Injunction to Remove Maverick County Democratic Party Chair Luis Alfonso Ruiz from Recount
By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2018
Maverick County Democratic Party Candidate for County Judge Rudy Bowles filed a Plaintiff’s Original Petition for Declaratory Judgment, Motion for Temporary Restraining Order, Temporary and Permanent Injunction against Maverick County Democratic Party Chairman Luis Alfonso “Poncho” Ruiz in his official capacity seeking to remove Ruiz from administering, conducting, and overseeing the recount of the votes requested by Bowles of the May 22, 2018 Maverick County Democratic Party Primary Run-Off Election for County Judge on Wednesday, May 30, 2018 in the 365th Maverick County Judicial District Court in Eagle Pass, Texas, according to Court records obtained by the Eagle Pass Business Journal.
Bowles fell to incumbent Maverick County Judge David R. Saucedo by only 12 votes in the May 22nd Maverick County Democratic Party Primary Run-Off Election for the party’s nomination of County Judge. Bowles filed a Recount Petition with Maverick County Democratic Party Chairman Ruiz on Friday, May 25, 2018, pursuant to the Texas Election Code.
Ruiz posted on the Maverick County Democratic Party website that the official canvassing of the May 22nd Primary Run-Off Election results would be held on Thursday, May 31, 2018.
Ruiz reviewed Bowles’ Recount Petition and approved it as satisfying the requirements of the Texas Election Code while scheduling the Recount for Tuesday, June 5, 2018, at 9 A.M. at the City of Eagle Pass Multi-Purpose Center.
As the Chairman of the Maverick County Democratic Party, Bowles’ Recount Petition will be conducted, administered, and overseen by Ruiz on June 5th. Bowles does not trust Ruiz of conducting a fair and impartial Recount on June 5th due to a cacophony of allegations by Bowles that there is a troubled relationship between the two dating since Bowles was a principal at Eagle Pass High School, the May 22nd Primary Run-Off Election was under an impoundment order, the Texas Rangers are investigating election irregularities, and that Ruiz allegedly demonstrated favoritism towards incumbent candidate David R. Saucedo.
Completely absent from Bowles’ allegations is the fact that he threatened Ruiz by cellphone to send the Zetas Cartel members after him if he did not return his call within 30 minutes to provide him with the list of Precinct Election Judges for the May 22nd Run-Off, which resulted in Bowles being arrested for a misdeamenor complaint alleging harassment by telephone.
Bowles lawsuit seeks to obtain a declaratory judgment against Ruiz in his official capacity as Maverick County Democratic Party Chairman prohibiting him from overseeing any recount in the May 22nd Run-Off election, a Temporary Restraining Order, Temporary Injunction, and Permanent Injunction against Ruiz in his official capacity as Party Chairman of conducting, administering, and overseeing any recount election of the May 22nd Run-Off election, that Maverick County Clerk Sara Montemayor be designated to conduct the recount of the May 22nd Run-Off election, and reasonable attorney’s fees be awarded to him.
365th Maverick County Judicial District Judge Amado J. Abascal, III has recused himself from hearing the lawsuit and a visiting judge will more than likely be appointed by Fourth Judicial Administrative Judge Sid Harle to hear the case on the merits. As of press time, no Court order has been issued against Ruiz. But if a Temporary Restraining Order or Temporary Injunction were to be issued against Ruiz, it might delay the time to conduct and complete the Recount according to the Texas Election Code.
The plot thickens in the contested May 22nd Maverick County Democratic Party Primary Run-Off Election for County Judge between the unofficial winner, incumbent David R. Saucedo, and challenger, Rudy Bowles. It remains to be seen if an emergency ex parte Temporary Restraining. Order or Temporary Injunction Court order is issued before the official canvassing of the election occurs on May 31st and the Recount is done on June 5th. Stay tuned.