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CAUSE NO. 23-DCV-304053
DENETTA R. WILLIAMS {} IN THE DISTRICT COURT OF
Plaintiff, {} FORT BEND COUNTY, TEXAS
{}
VS. {}
{}
SONYA JONES, Et., al }
Defendants. {} 400°" JUDICIAL COURT
PLAINTIFF’S RESPONSE TO DR. ROOSEVELT NIVENS AND
MANDI BRONSELL’S MOTION TO QUASH SUBPOENAS
Plaintiff moves to ask the court to deny Dr. Nivens and Mandi Bronsell’s
Motion to Quash Subpoenas.
INTRODUCTION
Dr. Nivens, employed as superintendent with Lamar Consolidated School
District (“LCISD”) located in Fort Bend County, Texas. As a matter of law, Dr. Nivens
is responsible for the day-to-day administrative functions of LCISD. On the other
hand, Mandi Bronsell, a duly elected school board member, as a matter of law is
responsible for governing LCISD along with six elected board members.
| concur, LCISD is a separate school district from the one named in this suit.
However, it is imperative for the court to note the attributes both districts have in
common:
1. Both school districts are in Fort Bend County, Texas.
2. Both school districts hired the firm of Rogers, Morris & Grover LLP to
represent their respective school district.
Both school districts, under the color of law, knowingly and flagrantly
executed an illegal contract for joint election services with the
defendant, John Oldham, fort bend county elections administrator to
conduct a school board election on May 6, 2023(. See exhibit A)
Both school districts knew the Texas Education Code required an
election for school board members to be held jointly.
Both school districts knew the term a trustee must serve in elected
office is a three- or four-year term.
Both school districts used taxpayers’ funds in their possession to pay the
defendant, John Oldham, to engage in illegal acts.
Further, as indicated in the Motion to Quash, the plaintiff filed an inability
to pay court costs therefore, the witness fee was covered by the waiver rendering
the subpoena enforceable as a matter of law. Also, the plaintiff is seeking live
testimony and documents from Dr. Nivens and Mandi Bronsell regarding the Pleas
to the jurisdiction set for a hearing on November 7, 2023.
‘
ARGUMENTS & AUTHORITIES
A. Williams has a sworn statement of inability to pay court costs on file with
the court.
The plaintiff’s fees are covered by a waiver currently on file with the court. The
Texas Rules of Civil Procedure 145(a) Costs Defined. “Costs” mean ANY fee
charged by the court or an officer of the court, including but not limited to, filing
fees, fees for issuance and service of process, fees for copies. The filing of a
Statement of Inability to afford payment of court costs- which may either be
sworn to before a notary or made under the penalty of perjury, as permitted by
Civil Practice and Remedies Code Section 132.001- is all that is needed to require
the clerk to provide ordinary services without payment of fees and costs.
Additionally, a trial court is not required to establish a Statement of inability pay
court costs as true.
B. Dr. Nivens and Ms. Bronsell have relevant information to provide.
Williams will offer testimony evidence when the court considers Fort
Bend Independent School District and Fort Bend County’s pleas to the
jurisdiction. See Tex. Dept. of Parks & Wildlife v. Miranda, 133 S.W. 3d 217,
227 (Tex. 2004).
The constitutional requirements of standing are (1) a concrete,
particularized, actual or Imminent injury; (2) that is traceable to the
defendant’s conduct; and (3) that would be redressed by a favorable
decision.
The defendants, under the color of law, conspired to prematurely
force Williams from elected office by way of ordering an ultra vires election
prior to her term of office expiring. Williams’ injury will be redressed by a
favorable decision by the court. Tex. Med. Res., LLP v. Molina Healthcare of
Tex., Inc., 659 S.W. 3d 424, 440 (Tex. 2023).
Considering Mandi Bronsell, under the color of law, voted in unison
with her fellow trustees to hire Oldham for the sole purpose of conducting
an illegal act for profit, her testimony under oath will assist with proving,
the election consisted of illegalities, irregularities, and fraud.
Mandi Bronsell and Dr. Nivens conspired with John Oldman to
violate the laws of the State and the U.S. Constitution
Texas Education Code Chapter 11 section 11.0581. JOINT
ELECTION REQUIRED. (a) An election for trustee of an independent
school district shall be held on the same date as:
1. The election for the members of the governing body of a
municipality located in the school district.
2. The general election for state and county officers.
Texas Education Code Chapter 11 section 11.0581 (b) Elections
held on the same date as provided by Subsection (a) shall be
held as a joint election under Chapter 271, Election Code.
Dr. Nivens and Mandi Bronsell was aware that they were conspiring with
defendant John Oldham and the law firm of Rogers, Morris & Grover LLP to violate
the laws of the State for profit unfortunately, both continued the terrible acts for
an improper purpose. May 6, 2023, general school board election proceeded as
ordered.
ee OO
CONCLUSION
In closing had either Dr. Nivens, Mandi Bronsell individually or collectively
used the authority of their position to demand a stop to the conspiracy to conduct
an ultra vires election for profit in the same manner as the plaintiff used her
authority to bring the matter before the courts, neither would have received a
subpoena. Considering both knowingly and willingly participated in the
conspiracy, being asked to bring documents to court is an extremely petty price to
pay for engaging in such a vile manner at the expense of the taxpayers of Fort
Bend County. Therefore, it is my prayer for the court to deny Dr. Nivens and Mandi
Bronsell’s Motion to QUASH.
Fillion
Denetta R. Williams
denettawilliams@aol.com
CERTIFICATE OF SERVICE
This is to certify that on October 27, 2023, a true and correct copy of this
document was properly served to the defendants through their counsel of record
via the court’s efile system
Respectfully Submitted
Denefta
pee R. Mane)
Se-
Dif Gl com
(713) 657-9371
EXHIBIT A
THE STATE OF TEXAS
COUNTY OF FORT BEND
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT made by and between Fort Bend County, a body corporate and politic under the laws of the
State of Texas, acting herein by and through the Fort Bend County Elections Administrator pursuant to Texas Election Code
Section 31.092, hereinafter referred to as the “County”, and the Lamar Consolidated Independent School District hereinafter
referred to as “Political Subdivision,” for a joint May 6, 2023 election pursuant to Texas Election Code Section 271.002 .
RECITAL
The Lamar Consolidated Independent School District is holding a General Election on May6, 2023 (at the expense
of the Political Subdivision) for the purpose of electing Trustees in Districts 4, 5, and 7.
The County owns the Election Systems & Software EVS 6020 Voting System consisting of the ExpressVote Baiioi
Marking Device, the ExpressTouch electronic tabulation device, the DS-200 Precinct Tabulator, and the DS-450 Central
Scanner and tabulator, which have been duly approved by the Secretary of State pursuant to Texas Election Code Chapter
122 as amended, and is compliant with the accessibility requirements set forth by Texas Election Code Section 61.012.
Political Subdivision desires to use the County's electronic voting system and to compensate the County for such use and
to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters
31 and 271 of the Texas Eb ion Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
| ADMINISTRATION
The parties agree to hold a “Joint Election" in accordance with Chapter 271 of the Texas Election Code and this
agreement. The Fort Bend County Elections Administrator, hereinafter referred to as “Elections Administrator’, shall
coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Political
Subdivision agrees to pay the County for equipment, supplies, services, and administrative costs as provided in this
agreement. The Elections Administrator shall serve as the administrator he for
Thatthe Joint Election; however, the Political
Subdivision shail remain responsibie for the iawful conductof its election. The Eisciions. Adrainistrator shai advisory
services in connection with decisions to be made and actions to be taken by the officers of the Political Subdivision.
it is understood that other political subdivisions may wish to participate in the use of the County's electronic voting
system and polling places, and It is agreed that the County may enter into other joint election agreements and contracts for
election services for those purposes on terms and conditions generally similar to those set forth in this contract. Political
Subdivision agrees that the County may enter into joint election agreements with other political subdivisions that may have
territory located partially or whoity within the boundaries of Political Subdivision, and in such case all parties sharing common
territory shall share a joint ballot on the County's electronic voting system at the applicable polling places. In such cases,
costs shall be pro-rated among the participants according to Section X of this contract.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall
@ voier De permiiied io receive a ballot containing an office or proposition siaiing a measure on which ihe voier is ineiigivie
to vote. Multipie ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
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li, LEGAL DOCUMENTS
Political Subdivision shall be responsible for the preparation, adoption, and publication of all required election
orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or Political
Subdivision's governing body, charter, or ordinances.
Preparation of the necessary materials for notices and the official ballot shali be the responsibility of
Political Subdivision, including translation to languages other than English. Political Subdivision shall provide a copy
of their respective election orders and notices to the Elections Administrator.
ill, VOTING LOCATIONS
The County has adopted a countywide polling place program. Voters who reside in Fort Bend County who wish to
participate in this Joint Election may cast a ballot at any polling place open for this election. Voters who do not reside in Fort
Bend County but within the boundaries of Political Subdivision and wish to participate in this Joint Election shall be assigned
to one Early Voting and one Election Day polling location. The Elections Administrator shall select and arrange for the use
of and payment for ali Election Day voting locations. The proposed voting one locations are listed In Attachment A of this
agreement. In the event a voting location is not availabie, the Elections Adminisiraior wiii arrange for use of an ailernaie
location with the approval of the Political Subdivision. The Elections Administrator shail notify the Political Subdivision of
any changes from the locations listed in Attachment A.
If polling places for the May 6, 2023 joint election are different from the polling place(s) used by Political Subdivision
in its most recent election, the County agrees to post a notice no later than May 6, 2023 at the entrance to any previous
polling places In the jurisdiction stating that the polling location has changed and stating the polling place names and
addresses in effect for the May 6, 2023 election.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
The County shall be responsible for the appointment of the presiding judge and alternate judge for each polling
location in accordance with Chapter 32 of the Texas Election Code. The Elections Administrator shall make emergency
appointments of election officials if necessary.
Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting polling place officials
who are bilingual (fluent in both English and Spanish).
The Elections Administrator shall notify ail election judges of the eligibility requirements of Subchapter C of Chapter
32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for the Joint
Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying the person of the
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at an hourly rate established by the County pursuant to
Texas Election Code Section 32.091. Judges and Clerks will be compensated for actual time working at a polling place,
time spent preparing the polling location priorto Election Day, and time spent attending any training classes required to
successfully conduct the election. The election judge will receive an addilionai sum of $25.00 for picking up ihe election
supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls
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atta
Tie Zieciions Adiminisivator may empivy oiier peisonnei Necessary for ihe proper admin strat ion of ihe Slection,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel
working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated at
the rate set by the County.
Itis agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other
personnel involved in this election are Independent contractors and are not employees or agents of the County. No
statement contained in this Agreement shall be construed so as to find any judge, clerk, or any other election personnel an
employee or agent of the County, and no election personnel shail be entitled to the rights, privileges, or benefits of County
employees except as otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent of
the County, unless considered a county employee as determined by the Fort Bend County Human Resources Department.
It is further agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other
personnel involved in this election are Independent contractors and are not employees or agents of Political Subdivision.
No statement contained in this Agreement shall be construed so as to find any judge, clerk, or any other election personnel
an employee or agent of Political Subdivision, and no election personne! shail be entitled to the rights, privileges, or benefits
of Political Subdivision employees except as otherwise stated herein, nor shall any election personnel hold himself out as
an employee or agent of Political Subdivision, unless considered an employee of the Lamar Consolidated Independent
School District as determined by the Human Resources Department of the Lamar Consolidated independent School District.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to
official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election
S at the voting locations. At each polling tocation, Joint participants shall share voting equipment and supplies to the
extent possible. The participating parties shall share a mutual ballotin those precincts where jurisdictions overlap. However,
in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which
the voter is ineligible to vate. Multiple ballot styles shall be available in those shared polling places where jurisdictions do
not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and
other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct
a proper election.
Political Subdivision shall fumish the Elections Administrator a list of candidates and/or propositions showing the
order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including
titles and text in each language in which Political Subdivision's ballot is to be printed). This list shall be delivered to the
Elections Administrator prior to the deadlines as described in section XVI. Political Subdivision shall be responsible for
proofreading and approving the ballot insofar as it pertains to Political Subdivision’s candidates and/or propositions.
if the boundaries of the political subdivision extend into another county, it shall be the responsibility of the political
subdivision to request a poll book from the voter registrar of those counties and provide to the Elections Administrator within
five calendar days before the start of Early Voting. It shall also be the responsibility of the Political Subdivision to request
copies of Ballot by Mail applications from the Early Voting Clerk of those counties. Applications for baliot should be provided
the latter of 45 days prior to Election Day, or 5 days after the calling of the election by the governing body of the political
subdivision, .
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Election Code. The participating
authorities agree io appoint ibe Eteciions Adminisirator's permanent county emp aS= Ge
de pity carly voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist
in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an
hourly rate set by the County pursuant to Section 83.052 of the Texas Election Code.
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Early Voting by personal appearance will be held at the locations, dates, and times listed In Attachment “B" of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early
voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chant lars 31 and BB of the Texas Election Cade. Any requests for early voting ballots to be voted
by mail received by Political Su! bdivision shall be forwarded immediately by fax or courier to the Elections Administrator for
processing. Political Subdivisio! n shall provide to the Elections Administrator copies of all ballot by mail applications
submitted by voters who do not reside in Fort Bend Cour nty but within the boundaries of Political Subdivision.
Upon request, the Elections Administrator shall provide Political Subdivision a copy of the early voting report on a
dally basis and a cumulative final early voting report following the election.
Vil. EARLY VOTING BALLOT BOARD
The County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election.
two or more
The Presiding Judge of Central Count, with the assistance of the Elections Administrator, shall appoint
additional members to constitute the EVBB. The Elections Administrator shail determine the number of EVBB members
required io efficientiy process ihe early voiing batiois.
Vill. CENTRAL COUNTING STATION AND ELECTION RETURNS
station to
The Elections Administrator shall be responsible for establishing and operating the central counting
Code and of this agreement.
receive and tabulate the voted ballots in accordance with the provisions of the Texas Election
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Gode, appoint the following central counting station officials:
Counting Station Manager: John Oldham, Elections Administrator
Tabulation Supervisor: Chase Wilson, Assistant Elections Administrator
Presiding Judge: Maria Rose Gonzalez, Elections Coordinator
The counting station manageror his representative shall deliver timely cumulative reports of the election results as.
precincts report to the central counting station and are tabulated. The manager shall be responsible for releasing cumulative
totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of
herd copies or etraioi nic Wan Somutals: By y » facsimite
mus tra facsimite fy(s 4when so requested) and by posting to the Elections Admini istrator’s web
page located at “www.fortbendvotes.org”.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and
will deliver a copy of the unofficial canvass to the Political Subdivision as soon as possible after all returns have been
tabulated. All participating authorities shall be responsible for the official canvass of their respective elections.
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office.
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IX. RUNOFF ELECTION
Political Subdivision shall have the option of extending the terms of this agreement through its runoff election, if
applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the Political
Subdivision notifies the Elections Administrator in writing within 10 days of the original election.
Politica! uubdivision and the elections Administrator shall reserve the right to reduce the number of early voting
Political
locations and/or Election Day voting locations in any runoff election.
X. ELECTION EXPENSES AND ALLOCATION OF COSTS
Political Subdivision agrees to share the costs of administering the Joint Election. Allocation of costs, unless
specifically stated otherwise, Is mutually agreed to be shared among the total number of political subdivisions. Costs for
polling places shared by the County, Political Subdivision, and other political subdivisions shall be pro-rated among the
participants to this agreement.
Any expenses incurred in the rental of polling place facilities shall be pro-rated among the participants to this
agreement.
It is agreed that the normal rental rate charged for the County's voting equipment used on Election Day shall be
pro-rated among the participants to this agreement.
Costs for Early Voting by Personal Appearance shall be allocated as shown in Attachment C of this document.
Political Subdivision agrees te pay the County an administrative fee equal to ten percent (10%) of its total billable
costs in accordance with Section 31.100(d) of the Texas Election Code.
XI. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Political Subdivision may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code. Political Subdivision is fully fiable for any expenses
incurred by the County on behalf of Political Subdivision plus an administrative fee of ten percent (10%) of such expenses.
Any monies deposited with the county by Political Subdivision shall be refunded, minus the aforementioned expenses and
administrative fee if applicable.
xt !t, PECORDS
RECORD: OF THE ELECT iON
THE ELECT!
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the public in accordance
with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be
stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable
and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code.a Ifeeerecords of the " election are involved in any pending election contest, investigation, litigation, or
er we ta shalt eam tin
open records requesi, ihe Eieciion ns Adi Minisiiator Shai maintain the records until final Tesottion or until final judgment,
whichever is applicable. it is the responsibility of Political Subdivision to bring to the attention of the Elections Administrator
any notice of pending election contest, investigation, litigation or open records request that may be filed with Political
Su
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XI. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agrees that
‘any Tecount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as
secretar under the Texas
Recount Supervisor and Politica! Subdivision’s official or employee who performs the duties of a secretary
Election Code shall serve as Recount Coordinator.
XIV. MISCELLANEOUS PROVISIONS
4 Ht is understood that to the extent space is available, that other districts and political subdivisions may wish
to participate in the use of the County's election equipment and voting places, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the
participating authorities.
The Elections Administrator shall file copies of this document with the Fort Bend County Treasurer and the
Fori Bend County Auditor in accordance with Section 31.099 of the Texas Election Code.
In the event that legal action is filed contesting Political Subdivision’s election under Title 14 of the Texas
Election Code, Political Subdivision shall choose and provide, at its own expense, legal counsel for the
County, the Elections Administrator, and additional election personnel as necessary.
Nothing in this contract prevents any party from taking appropriate legal action against any other party
and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.
The parties agree that under the Constitution and laws of the State of Texas, neither the County nor Political
Subdivision can enter into an agreement whereby either party agrees to indemnify or hold harmless another
party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any
reason are hereby deleted.
This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Fort Bend or Harris Counties, Texas.
In the event of one of more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shail not affect
any other provision hereof and this agreement shail be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
govemments, and any other entities with local jurisdiction.
The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed
as a waiver of any subsequent breach.
Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
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XV. COST ESTIMATES AND DEPOSIT OF FUNDS
It is estimated that Political Subdivision's obligation under the terms of this agreement shall be $44,827.00. The Political
Subdivision agrees to pay to the County a deposit of $26,896.00 which is approximately sixty (60) percent of the total
estimated obligation of Political Subdivision to the County under this agreement. This deposit shall be paid to the County
‘within ten (10) days of the City’s receipt of this agreement, authorized by the goveming bodies of both parties and fully
executeddyby both parties. The exact amount of the Political Subdiviston’s obligation under the terms of this agreement shall
be calculated after the May 6, 2023 election (or runoff election, if applicable), and if the amount of the Political Subdivision’s
obligation exceeds the amount deposited, the Political Subdivision shall pay to the County the balance due within thirty (30)
days after receipt of the final invoice from the Elections Administrator. However, if the amount of the Political Subdivision’s
obligation is less than the amount deposited, the County shall refund to the Political Subdivision the excess amount paid
within thirty (30) days after final costs are calculated.
XVI. RESULT OF NON-COMPLIANCE OF DEADLINES
The Political Subdivision agrees that it shall provide ballot details to the Elections Office not later than the 68th day (February
“27, 2023) before the election. It is understood that if the ballot details are not provided to the Elections Office by the 64th
day before the election (March 03, 2023) that the Elections Office may impose a penalty fee of $1000.00 assessed to the
total cost. It is also understood that if the ballot details are not provided to the Elections Office by the 60th day before Election
Day (March 7, 2023), this contract will be declared null and void and it will be the responsibility of the political entity to
conduct a separate election.
IN TESTIMONY HEREOF, this agreement, its multiple originals all of equal force, has been executed on behalf of the parties
hereto as follows, to-wit:
(1) It has on the day of , 2023 been executed on behalf of Fort Bend County by
the Elections Administrator pursuant to the Texas Election Code Section 31.092 so authorizing;
(2) tthas onthe _\ 1 day of. , 2023 been executed on behalf of the Lamar Consolidated
independent Schoo! District by ts Presiding cer or authorized representative, sursunct
pursuant tsto action
an action by
the Goveming Body of the Lamar Consolidated Independent Schoo! District.
FORT BEND COUNTY
By
John Oldham
Elections Administrator
LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT:
oy Mbryaude bef
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Preview
CAUSE NO. 23-DCV-304053 DENETTA R. WILLIAMS {} IN THE DISTRICT COURT OF Plaintiff, {} FORT BEND COUNTY, TEXAS {} VS. {} {} SONYA JONES, Et., al } Defendants. {} 400°" JUDICIAL COURT PLAINTIFF’S RESPONSE TO DR. ROOSEVELT NIVENS AND MANDI BRONSELL’S MOTION TO QUASH SUBPOENAS Plaintiff moves to ask the court to deny Dr. Nivens and Mandi Bronsell’s Motion to Quash Subpoenas. INTRODUCTION Dr. Nivens, employed as superintendent with Lamar Consolidated School District (“LCISD”) located in Fort Bend County, Texas. As a matter of law, Dr. Nivens is responsible for the day-to-day administrative functions of LCISD. On the other hand, Mandi Bronsell, a duly elected school board member, as a matter of law is responsible for governing LCISD along with six elected board members. | concur, LCISD is a separate school district from the one named in this suit. However, it is imperative for the court to note the attributes both districts have in common: 1. Both school districts are in Fort Bend County, Texas. 2. Both school districts hired the firm of Rogers, Morris & Grover LLP to represent their respective school district. Both school districts, under the color of law, knowingly and flagrantly executed an illegal contract for joint election services with the defendant, John Oldham, fort bend county elections administrator to conduct a school board election on May 6, 2023(. See exhibit A) Both school districts knew the Texas Education Code required an election for school board members to be held jointly. Both school districts knew the term a trustee must serve in elected office is a three- or four-year term. Both school districts used taxpayers’ funds in their possession to pay the defendant, John Oldham, to engage in illegal acts. Further, as indicated in the Motion to Quash, the plaintiff filed an inability to pay court costs therefore, the witness fee was covered by the waiver rendering the subpoena enforceable as a matter of law. Also, the plaintiff is seeking live testimony and documents from Dr. Nivens and Mandi Bronsell regarding the Pleas to the jurisdiction set for a hearing on November 7, 2023. ‘ ARGUMENTS & AUTHORITIES A. Williams has a sworn statement of inability to pay court costs on file with the court. The plaintiff’s fees are covered by a waiver currently on file with the court. The Texas Rules of Civil Procedure 145(a) Costs Defined. “Costs” mean ANY fee charged by the court or an officer of the court, including but not limited to, filing fees, fees for issuance and service of process, fees for copies. The filing of a Statement of Inability to afford payment of court costs- which may either be sworn to before a notary or made under the penalty of perjury, as permitted by Civil Practice and Remedies Code Section 132.001- is all that is needed to require the clerk to provide ordinary services without payment of fees and costs. Additionally, a trial court is not required to establish a Statement of inability pay court costs as true. B. Dr. Nivens and Ms. Bronsell have relevant information to provide. Williams will offer testimony evidence when the court considers Fort Bend Independent School District and Fort Bend County’s pleas to the jurisdiction. See Tex. Dept. of Parks & Wildlife v. Miranda, 133 S.W. 3d 217, 227 (Tex. 2004). The constitutional requirements of standing are (1) a concrete, particularized, actual or Imminent injury; (2) that is traceable to the defendant’s conduct; and (3) that would be redressed by a favorable decision. The defendants, under the color of law, conspired to prematurely force Williams from elected office by way of ordering an ultra vires election prior to her term of office expiring. Williams’ injury will be redressed by a favorable decision by the court. Tex. Med. Res., LLP v. Molina Healthcare of Tex., Inc., 659 S.W. 3d 424, 440 (Tex. 2023). Considering Mandi Bronsell, under the color of law, voted in unison with her fellow trustees to hire Oldham for the sole purpose of conducting an illegal act for profit, her testimony under oath will assist with proving, the election consisted of illegalities, irregularities, and fraud. Mandi Bronsell and Dr. Nivens conspired with John Oldman to violate the laws of the State and the U.S. Constitution Texas Education Code Chapter 11 section 11.0581. JOINT ELECTION REQUIRED. (a) An election for trustee of an independent school district shall be held on the same date as: 1. The election for the members of the governing body of a municipality located in the school district. 2. The general election for state and county officers. Texas Education Code Chapter 11 section 11.0581 (b) Elections held on the same date as provided by Subsection (a) shall be held as a joint election under Chapter 271, Election Code. Dr. Nivens and Mandi Bronsell was aware that they were conspiring with defendant John Oldham and the law firm of Rogers, Morris & Grover LLP to violate the laws of the State for profit unfortunately, both continued the terrible acts for an improper purpose. May 6, 2023, general school board election proceeded as ordered. ee OO CONCLUSION In closing had either Dr. Nivens, Mandi Bronsell individually or collectively used the authority of their position to demand a stop to the conspiracy to conduct an ultra vires election for profit in the same manner as the plaintiff used her authority to bring the matter before the courts, neither would have received a subpoena. Considering both knowingly and willingly participated in the conspiracy, being asked to bring documents to court is an extremely petty price to pay for engaging in such a vile manner at the expense of the taxpayers of Fort Bend County. Therefore, it is my prayer for the court to deny Dr. Nivens and Mandi Bronsell’s Motion to QUASH. Fillion Denetta R. Williams denettawilliams@aol.com CERTIFICATE OF SERVICE This is to certify that on October 27, 2023, a true and correct copy of this document was properly served to the defendants through their counsel of record via the court’s efile system Respectfully Submitted Denefta pee R. Mane) Se- Dif Gl com (713) 657-9371 EXHIBIT A THE STATE OF TEXAS COUNTY OF FORT BEND JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT made by and between Fort Bend County, a body corporate and politic under the laws of the State of Texas, acting herein by and through the Fort Bend County Elections Administrator pursuant to Texas Election Code Section 31.092, hereinafter referred to as the “County”, and the Lamar Consolidated Independent School District hereinafter referred to as “Political Subdivision,” for a joint May 6, 2023 election pursuant to Texas Election Code Section 271.002 . RECITAL The Lamar Consolidated Independent School District is holding a General Election on May6, 2023 (at the expense of the Political Subdivision) for the purpose of electing Trustees in Districts 4, 5, and 7. The County owns the Election Systems & Software EVS 6020 Voting System consisting of the ExpressVote Baiioi Marking Device, the ExpressTouch electronic tabulation device, the DS-200 Precinct Tabulator, and the DS-450 Central Scanner and tabulator, which have been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements set forth by Texas Election Code Section 61.012. Political Subdivision desires to use the County's electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Eb ion Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: | ADMINISTRATION The parties agree to hold a “Joint Election" in accordance with Chapter 271 of the Texas Election Code and this agreement. The Fort Bend County Elections Administrator, hereinafter referred to as “Elections Administrator’, shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Political Subdivision agrees to pay the County for equipment, supplies, services, and administrative costs as provided in this agreement. The Elections Administrator shall serve as the administrator he for Thatthe Joint Election; however, the Political Subdivision shail remain responsibie for the iawful conductof its election. The Eisciions. Adrainistrator shai advisory services in connection with decisions to be made and actions to be taken by the officers of the Political Subdivision. it is understood that other political subdivisions may wish to participate in the use of the County's electronic voting system and polling places, and It is agreed that the County may enter into other joint election agreements and contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. Political Subdivision agrees that the County may enter into joint election agreements with other political subdivisions that may have territory located partially or whoity within the boundaries of Political Subdivision, and in such case all parties sharing common territory shall share a joint ballot on the County's electronic voting system at the applicable polling places. In such cases, costs shall be pro-rated among the participants according to Section X of this contract. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall @ voier De permiiied io receive a ballot containing an office or proposition siaiing a measure on which ihe voier is ineiigivie to vote. Multipie ballot styles shall be available in those shared polling places where jurisdictions do not overlap. Page 10f8 li, LEGAL DOCUMENTS Political Subdivision shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or Political Subdivision's governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shali be the responsibility of Political Subdivision, including translation to languages other than English. Political Subdivision shall provide a copy of their respective election orders and notices to the Elections Administrator. ill, VOTING LOCATIONS The County has adopted a countywide polling place program. Voters who reside in Fort Bend County who wish to participate in this Joint Election may cast a ballot at any polling place open for this election. Voters who do not reside in Fort Bend County but within the boundaries of Political Subdivision and wish to participate in this Joint Election shall be assigned to one Early Voting and one Election Day polling location. The Elections Administrator shall select and arrange for the use of and payment for ali Election Day voting locations. The proposed voting one locations are listed In Attachment A of this agreement. In the event a voting location is not availabie, the Elections Adminisiraior wiii arrange for use of an ailernaie location with the approval of the Political Subdivision. The Elections Administrator shail notify the Political Subdivision of any changes from the locations listed in Attachment A. If polling places for the May 6, 2023 joint election are different from the polling place(s) used by Political Subdivision in its most recent election, the County agrees to post a notice no later than May 6, 2023 at the entrance to any previous polling places In the jurisdiction stating that the polling location has changed and stating the polling place names and addresses in effect for the May 6, 2023 election. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL The County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location in accordance with Chapter 32 of the Texas Election Code. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). The Elections Administrator shall notify ail election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying the person of the appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at an hourly rate established by the County pursuant to Texas Election Code Section 32.091. Judges and Clerks will be compensated for actual time working at a polling place, time spent preparing the polling location priorto Election Day, and time spent attending any training classes required to successfully conduct the election. The election judge will receive an addilionai sum of $25.00 for picking up ihe election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls Page 2 of 8 atta Tie Zieciions Adiminisivator may empivy oiier peisonnei Necessary for ihe proper admin strat ion of ihe Slection, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the rate set by the County. Itis agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved in this election are Independent contractors and are not employees or agents of the County. No statement contained in this Agreement shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of the County, and no election personnel shail be entitled to the rights, privileges, or benefits of County employees except as otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent of the County, unless considered a county employee as determined by the Fort Bend County Human Resources Department. It is further agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved in this election are Independent contractors and are not employees or agents of Political Subdivision. No statement contained in this Agreement shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of Political Subdivision, and no election personne! shail be entitled to the rights, privileges, or benefits of Political Subdivision employees except as otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent of Political Subdivision, unless considered an employee of the Lamar Consolidated Independent School District as determined by the Human Resources Department of the Lamar Consolidated independent School District. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election S at the voting locations. At each polling tocation, Joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballotin those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vate. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Political Subdivision shall fumish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which Political Subdivision's ballot is to be printed). This list shall be delivered to the Elections Administrator prior to the deadlines as described in section XVI. Political Subdivision shall be responsible for proofreading and approving the ballot insofar as it pertains to Political Subdivision’s candidates and/or propositions. if the boundaries of the political subdivision extend into another county, it shall be the responsibility of the political subdivision to request a poll book from the voter registrar of those counties and provide to the Elections Administrator within five calendar days before the start of Early Voting. It shall also be the responsibility of the Political Subdivision to request copies of Ballot by Mail applications from the Early Voting Clerk of those counties. Applications for baliot should be provided the latter of 45 days prior to Election Day, or 5 days after the calling of the election by the governing body of the political subdivision, . VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Election Code. The participating authorities agree io appoint ibe Eteciions Adminisirator's permanent county emp aS= Ge de pity carly voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by the County pursuant to Section 83.052 of the Texas Election Code. Page 3 of 8 Early Voting by personal appearance will be held at the locations, dates, and times listed In Attachment “B" of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chant lars 31 and BB of the Texas Election Cade. Any requests for early voting ballots to be voted by mail received by Political Su! bdivision shall be forwarded immediately by fax or courier to the Elections Administrator for processing. Political Subdivisio! n shall provide to the Elections Administrator copies of all ballot by mail applications submitted by voters who do not reside in Fort Bend Cour nty but within the boundaries of Political Subdivision. Upon request, the Elections Administrator shall provide Political Subdivision a copy of the early voting report on a dally basis and a cumulative final early voting report following the election. Vil. EARLY VOTING BALLOT BOARD The County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. two or more The Presiding Judge of Central Count, with the assistance of the Elections Administrator, shall appoint additional members to constitute the EVBB. The Elections Administrator shail determine the number of EVBB members required io efficientiy process ihe early voiing batiois. Vill. CENTRAL COUNTING STATION AND ELECTION RETURNS station to The Elections Administrator shall be responsible for establishing and operating the central counting Code and of this agreement. receive and tabulate the voted ballots in accordance with the provisions of the Texas Election The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Gode, appoint the following central counting station officials: Counting Station Manager: John Oldham, Elections Administrator Tabulation Supervisor: Chase Wilson, Assistant Elections Administrator Presiding Judge: Maria Rose Gonzalez, Elections Coordinator The counting station manageror his representative shall deliver timely cumulative reports of the election results as. precincts report to the central counting station and are tabulated. The manager shall be responsible for releasing cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of herd copies or etraioi nic Wan Somutals: By y » facsimite mus tra facsimite fy(s 4when so requested) and by posting to the Elections Admini istrator’s web page located at “www.fortbendvotes.org”. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision as soon as possible after all returns have been tabulated. All participating authorities shall be responsible for the official canvass of their respective elections. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. Page 4 of 8 - IX. RUNOFF ELECTION Political Subdivision shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the Political Subdivision notifies the Elections Administrator in writing within 10 days of the original election. Politica! uubdivision and the elections Administrator shall reserve the right to reduce the number of early voting Political locations and/or Election Day voting locations in any runoff election. X. ELECTION EXPENSES AND ALLOCATION OF COSTS Political Subdivision agrees to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, Is mutually agreed to be shared among the total number of political subdivisions. Costs for polling places shared by the County, Political Subdivision, and other political subdivisions shall be pro-rated among the participants to this agreement. Any expenses incurred in the rental of polling place facilities shall be pro-rated among the participants to this agreement. It is agreed that the normal rental rate charged for the County's voting equipment used on Election Day shall be pro-rated among the participants to this agreement. Costs for Early Voting by Personal Appearance shall be allocated as shown in Attachment C of this document. Political Subdivision agrees te pay the County an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. XI. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Political Subdivision may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. Political Subdivision is fully fiable for any expenses incurred by the County on behalf of Political Subdivision plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the county by Political Subdivision shall be refunded, minus the aforementioned expenses and administrative fee if applicable. xt !t, PECORDS RECORD: OF THE ELECT iON THE ELECT! The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code.a Ifeeerecords of the " election are involved in any pending election contest, investigation, litigation, or er we ta shalt eam tin open records requesi, ihe Eieciion ns Adi Minisiiator Shai maintain the records until final Tesottion or until final judgment, whichever is applicable. it is the responsibility of Political Subdivision to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request that may be filed with Political Su Page 5 of 8 _— XI. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agrees that ‘any Tecount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as secretar under the Texas Recount Supervisor and Politica! Subdivision’s official or employee who performs the duties of a secretary Election Code shall serve as Recount Coordinator. XIV. MISCELLANEOUS PROVISIONS 4 Ht is understood that to the extent space is available, that other districts and political subdivisions may wish to participate in the use of the County's election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. The Elections Administrator shall file copies of this document with the Fort Bend County Treasurer and the Fori Bend County Auditor in accordance with Section 31.099 of the Texas Election Code. In the event that legal action is filed contesting Political Subdivision’s election under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own expense, legal counsel for the County, the Elections Administrator, and additional election personnel as necessary. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. The parties agree that under the Constitution and laws of the State of Texas, neither the County nor Political Subdivision can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Fort Bend or Harris Counties, Texas. In the event of one of more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shail not affect any other provision hereof and this agreement shail be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local govemments, and any other entities with local jurisdiction. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. Page 6 of 8 a XV. COST ESTIMATES AND DEPOSIT OF FUNDS It is estimated that Political Subdivision's obligation under the terms of this agreement shall be $44,827.00. The Political Subdivision agrees to pay to the County a deposit of $26,896.00 which is approximately sixty (60) percent of the total estimated obligation of Political Subdivision to the County under this agreement. This deposit shall be paid to the County ‘within ten (10) days of the City’s receipt of this agreement, authorized by the goveming bodies of both parties and fully executeddyby both parties. The exact amount of the Political Subdiviston’s obligation under the terms of this agreement shall be calculated after the May 6, 2023 election (or runoff election, if applicable), and if the amount of the Political Subdivision’s obligation exceeds the amount deposited, the Political Subdivision shall pay to the County the balance due within thirty (30) days after receipt of the final invoice from the Elections Administrator. However, if the amount of the Political Subdivision’s obligation is less than the amount deposited, the County shall refund to the Political Subdivision the excess amount paid within thirty (30) days after final costs are calculated. XVI. RESULT OF NON-COMPLIANCE OF DEADLINES The Political Subdivision agrees that it shall provide ballot details to the Elections Office not later than the 68th day (February “27, 2023) before the election. It is understood that if the ballot details are not provided to the Elections Office by the 64th day before the election (March 03, 2023) that the Elections Office may impose a penalty fee of $1000.00 assessed to the total cost. It is also understood that if the ballot details are not provided to the Elections Office by the 60th day before Election Day (March 7, 2023), this contract will be declared null and void and it will be the responsibility of the political entity to conduct a separate election. IN TESTIMONY HEREOF, this agreement, its multiple originals all of equal force, has been executed on behalf of the parties hereto as follows, to-wit: (1) It has on the day of , 2023 been executed on behalf of Fort Bend County by the Elections Administrator pursuant to the Texas Election Code Section 31.092 so authorizing; (2) tthas onthe _\ 1 day of. , 2023 been executed on behalf of the Lamar Consolidated independent Schoo! District by ts Presiding cer or authorized representative, sursunct pursuant tsto action an action by the Goveming Body of the Lamar Consolidated Independent Schoo! District. FORT BEND COUNTY By John Oldham Elections Administrator LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT: oy Mbryaude bef Page 7 of 8 -