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In re Peacock

Court of Appeals of Texas, Twelfth District, Tyler

January 29, 2014

IN RE: KELLEY PEACOCK, RELATOR

Page 914

John Ament, for Relator.

Bruce James, for Real Party in Interest.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

OPINION

Page 915

Sam Griffith, Justice.

ORIGINAL PROCEEDING

MEMORANDUM OPINION

This original mandamus proceeding concerns the March 4, 2014 Republican primary ballot in Cherokee County. Relator Kelley Peacock is a candidate for Judge of the County Court at Law of Cherokee County and is presently the judge of that court. She requests a writ of mandamus compelling respondent Jerry Rix, Chairman of the Cherokee County Republican Party, to declare Janice Crosby McKennon Stone ineligible to be a candidate for Judge of the County Court at Law of Cherokee County in this year's primary election. We deny the petition.

Background

Stone filed an application for a place on the ballot for the March 4, 2014 Republican primary in Cherokee County.[1] Her application shows that she seeks the office of Judge of the County Court at Law of Cherokee County. Peacock filed an application for a place on the ballot seeking the same office.

In her application, which she signed on December 9, 2013, Stone states that she has resided in Cherokee County for two years and seven months. Peacock informed Rix in writing that Stone is ineligible to be a candidate for the office because she cannot satisfy the two year residency requirement. She also provided Rix with certified copies of certain public records as " conclusive evidence" that Stone is ineligible. Peacock petitioned Rix to declare Stone ineligible and to not include her name on the ballot in the upcoming Republican primary. Rix responded by email informing Peacock that he " [chose] to make no decision on your Petition to declare Stone [ineligible] for residency reasons." Peacock then filed this original proceeding and a motion for expedited consideration.

Prerequisites for Mandamus Relief

Texas Election Code Section 273.061 authorizes courts of appeals to issue writs of mandamus to ...


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