Eagle Pass ISD School Board Candidate Manuel D. Hernandez Files Lawsuit Against Eagle Pass ISD Election Administrator
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2024
Eagle Pass Independent School District Board of Trustee Place 2 Candidate Manuel D. Hernandez filed an Emergency Original Petition for Writ of Mandamus and Injunctive Relief against Eagle Pass Independent School District Election Administrator Ismael Mijares on Wednesday, November 13, 2024 in the 293rd Judicial District Court in Maverick County, Texas, requesting emergency injunctive relief preventing the final canvassing and certification of the November 5, 2024 General Election results of the Eagle Pass Independent School District Place 2 election held on November 5, 2024.
Hernandez was among three candidates vying for the Eagle Pass Independent School District Board of Trustee Place 2 position in the November 5, 2024 General Election. Hernandez alleges that neither of the three candidates received a majority vote of 50.01 percent or greater to be declared the legal winner of the contested position, Place 2.
According to the unofficial election results announced on November 5, 2024 by Maverick County Election Judge Enriqueta V. Collett the total votes received by the three candidates for Place 2 are the following: Christopher Hiller had 5,482 votes (41.83%); Manuel D. Hernandez had 4,004 votes (33.61%); and Sandy Botello Sassano had 3,218 votes (24.56%).
Hernandez contends that since neither of the three candidates received a majority vote, a run-off election is required to be held during the Texas Run-Off Election Period of December 2 through December 10, 2024 set by the Texas Secretary of State Office.
Hernandez is challenging a Memorandum issued by Eagle Pass Independent School District Election Administrator Ismael Mijares on November 8, 2024, interpreting Texas Education Code Section 11.057 as not requiring a Run-off election in the November 5, 2024 General Election under state law, opining that “the candidate who received the most votes in the election is elected to the Board position. There is no requirement that the candidate receive a majority of the vote, more than 50% of the vote. Only when the Board of Trustees has passed a resolution 180 days before the election, that a candidate must receive a majority of the votes cast, is a candidate required to receive more than 50% of the votes. The Eagle Pass Independent School District Board did not pass any such resolution. Therefore, the candidate who received the most votes, even if less than 50% of the votes, is the candidate who is elected to the Board position. There is no requirement for a runoff in any of the EPISD Board elections held on November 5, 2024,” said Ismael Mijares in his memorandum.
Hernandez contends that Section 11.05 of the Texas Education Code allows the Board of Trustees to designate by number or in which the trustees are elected form a single-member districts as provided under Section 11.052 may provide by resolution, not later the 180th day before the date of an election, that a candidate must receive a majority of the votes cast fora position or in a atrustee district, as applicable, to be elected. A resolution adopted under this subsection is effective until rescinded by a subsequent resolution adopted not later than the 180th day before the date of the first election to which the rescission applies.”
Hernandez argues that the November 8, 2024 memorandum of Eagle Pass Independent School District Election Administrator Ismael Mijares is an admission that the Eagle Pass Independent School District Board of Trustees did not comply with the Texas Education Code, thus requiring a run-off election for Position of Trustee Place 2.
The Maverick County Commissioners Court are scheduled to canvass the November 5, 2024 General Election results at a special meeting held on Thursday, November 14, 2024 at 4 p.m., which Hernandez’s lawsuit seeks the District Court to issue a mandamus for the canvassing not to occur as scheduled and require a run-off election for Place 2 during December 2-10, 2024.
The Eagle Pass Independent School District policy is not to comment on a pending lawsuit against the District.
Hernandez stated “I entered this race with hope of bringing positive change to our district. Although I did not receive a majority of the votes, neither did either of the other two candidates….If EPISD proceeds without applying the Texas Education Code as it is written,it would deny people of Maverick County their constitutional right to elect their representative and could cause irreparable harm to our voters….It is my sincere hope that through this petition, the people of Maverick County will have the opportunity to select the candidate who will best represent them and their vision for our schools,” said Hernandez.
Obviously, there are two distinct interpretations of the Texas Education Code concerning school election law that will be required to be determined by a court at law after a court hearing.
The legal matter is now before 293rd Judicial District Judge Maribel Flores. A court hearing has been scheduled for Monday, November 18, 2024 at 1 p.m. via Zoom with 293rd Judicial District Court of Maverick County, Texas with Judge Maribel Flores to hear the parties evidence and arguments before reaching a legal decision.
