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CAUSE NO
DUKE W. COON and SHANA ARTHUR § IN THE DISTRICT COURT
Plaintiff
TH UDICIAL CIRCUIT
SOCO M. GORJON, IN HER OFFICIAL
CAPACITY AS CITY SECRETARY,
Defendant § MONTGOMERY COUNTY, TEXAS
and
BOBBY T. YANCEY and
CURTIS L. MADDUX
Intervenor
SUPPLEMENTTO INTERVENOR AMENDED PLEA TO THE
JURISDICTION _ND SUGGESTION OF MOOTNESS
Bobby T. Yancey Mr. Yancey”) and Curtis L. Maddux (“Mr. Maddux”) collectively
“Intervenor ”), by and through undersigned counsel, respectfully submit this Supplement to
their Amended Plea to the Jurisdiction and Suggestion of Mootness filed on March 21, 2024 and
in support show the Court as follows:
DECLARATION OF MS. SUZIE HARVEY
In further support of their Amended Plea to the Jurisdiction, Intervenors submit the sworn
declaration of Ms. Suzie Harvey, the Elections A dministrator for Montgomery County, Texas. Ms.
Harvey’s declaration is attached to this Supplement as Exhibit 6. Intervenors offer Ms. Harvey’s
declaration to support the fact overseas and military ballots for the Montgomery County
general election were mailed on the aftemoon of March 20, 2024, some of which included ballots
for the City of Conroe election at issue in this case Thus, the general election has commenced.
PRAYER
WHEREFORE, Intervenors ask this Court to grant their Plea to the Jurisdiction, and to
dismiss this case as moot and grant such other and further relief, legal and equitable, to which they
show themselves to be entitled.
Dated: March 22, 2024 Respectfully submitted,
MAYNARD NEXSEN, P.C.
7373 N. Broadway St.
Suite 403, Office 1 & 2
San Antonio, Texas 78209
(512) 969-6557
By: /s/ Raj Aujla
Raj Aujla
State Bar No. 24064846
Email: raujla@maynardnexsen.com
Rhett Ricard
(Pro Hac Vice pending)
Email: micard@ maynardnexsen.com
MAYNARDNEXSEN, PC.
205 King Street
Suite 400
Charleston, SC 29401
Telephone: (843) 720-1707
Eric Opiela
State Bar No. 24039095
Email: eopiela@ ericopiela.com
ERIC OPIELA PLLC
9415 Old Lampasas Trail
Austin, Texas 78750
Telephone: (512) 791-6336
Bruce C. Tough
State Bar No. 20151500
Fed. Adm. ID No. 513
Courtland T. Pettigrew
State Bar No. 24129743
TOUGH LAW FIRM, PLLC
819 Crossbridge Dr.
Sprint, TX 77373
Telephone: (281) 681-0808
Email: service@ toughlawfirm.net
ATTORNEYS FOR INTERVENORS
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing instrument was served upon the
attomneys of record of all parties to the above cause via e-service in accordance with TEX. R. APP.
P. 9.5, on this 22st day of March 2024.
Derek Bauman
Kimberly Dang
Cris Feldman
FELDMAN & FELDMAN, PC
3355 West Alabama St. Suite 1220
Houston, TX 77098
Telephone: 713-986-9472
derek.bauman@ feldman.law
kimberly.dang@ feldman.law
cris.feldman@ feldman.law
Attorneys for Relators Duke W. Coon and
Shana Arthur
Nathan A. Steadman
5005 Riverway Dr.
Suite 205
Houston, TX 77056
Telephone: 713-868-2222
Attorney for Respondent
Kristin Wilkinson-Guardino
P.O. Box 3601
Conroe, Texas 77305
info@ kristinguardino.com
Real Party in Interest
/s/ Raj Aujla
Raj Aujla
Exhibit 6
CAUSE NO. 24-03-04004
DUKE W. COON and SHANA ARTHUR, § IN THE DISTRICT COURT
§
Plaintiffs,
Vv. 284TH JUDICIAL CIRCUIT
SOCO M. GORJON, IN HER OFFICIAL
CAPACITY AS CITY SECRETARY,
Defendant, MONTGOMERY COUNTY, TEXAS
and
BOBBY T. YANCEY and
CURTIS L. MADDUX,
Intervenors.
DECLARATION OF SUZIE HARVEY
1 My name is Suzie Harvey. I am over the age of eighteen years and competent to
testify regarding the matters contained herein.
2. I currently serve as the Elections Administrator for Montgomery County, wherein
the City of Conroe is located.
3 In my role, I serve as the chief county election officer as well as the voter registrar.
4. Montgomery County is holding a joint general election on May 4, 2024, which
includes the City of Conroe election.
5 March 20, 2024 marks the 45th day before the May 4 general election.
6. Both Section 86.004(b) of the Texas Election Code and the federal Military and
Overseas Empowerment (“MOVE”) Act require ballots to be mailed to eligible applicant-voters
who are overseas or in the military on or before the 45th day before election day.
7. In accordance with these statutes, overseas and military ballots for the Montgomery
County general election were mailed on the afternoon of March 20, 2024, some of which included
1
ballots for the City of Conroe election.
1 DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS
TRUE AND CORRECT.
Executed on this 22nd day of March 2024.
DECLARANT
ne
Suzie Harvey
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CAUSE NO DUKE W. COON and SHANA ARTHUR § IN THE DISTRICT COURT Plaintiff TH UDICIAL CIRCUIT SOCO M. GORJON, IN HER OFFICIAL CAPACITY AS CITY SECRETARY, Defendant § MONTGOMERY COUNTY, TEXAS and BOBBY T. YANCEY and CURTIS L. MADDUX Intervenor SUPPLEMENTTO INTERVENOR AMENDED PLEA TO THE JURISDICTION _ND SUGGESTION OF MOOTNESS Bobby T. Yancey Mr. Yancey”) and Curtis L. Maddux (“Mr. Maddux”) collectively “Intervenor ”), by and through undersigned counsel, respectfully submit this Supplement to their Amended Plea to the Jurisdiction and Suggestion of Mootness filed on March 21, 2024 and in support show the Court as follows: DECLARATION OF MS. SUZIE HARVEY In further support of their Amended Plea to the Jurisdiction, Intervenors submit the sworn declaration of Ms. Suzie Harvey, the Elections A dministrator for Montgomery County, Texas. Ms. Harvey’s declaration is attached to this Supplement as Exhibit 6. Intervenors offer Ms. Harvey’s declaration to support the fact overseas and military ballots for the Montgomery County general election were mailed on the aftemoon of March 20, 2024, some of which included ballots for the City of Conroe election at issue in this case Thus, the general election has commenced. PRAYER WHEREFORE, Intervenors ask this Court to grant their Plea to the Jurisdiction, and to dismiss this case as moot and grant such other and further relief, legal and equitable, to which they show themselves to be entitled. Dated: March 22, 2024 Respectfully submitted, MAYNARD NEXSEN, P.C. 7373 N. Broadway St. Suite 403, Office 1 & 2 San Antonio, Texas 78209 (512) 969-6557 By: /s/ Raj Aujla Raj Aujla State Bar No. 24064846 Email: raujla@maynardnexsen.com Rhett Ricard (Pro Hac Vice pending) Email: micard@ maynardnexsen.com MAYNARDNEXSEN, PC. 205 King Street Suite 400 Charleston, SC 29401 Telephone: (843) 720-1707 Eric Opiela State Bar No. 24039095 Email: eopiela@ ericopiela.com ERIC OPIELA PLLC 9415 Old Lampasas Trail Austin, Texas 78750 Telephone: (512) 791-6336 Bruce C. Tough State Bar No. 20151500 Fed. Adm. ID No. 513 Courtland T. Pettigrew State Bar No. 24129743 TOUGH LAW FIRM, PLLC 819 Crossbridge Dr. Sprint, TX 77373 Telephone: (281) 681-0808 Email: service@ toughlawfirm.net ATTORNEYS FOR INTERVENORS CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attomneys of record of all parties to the above cause via e-service in accordance with TEX. R. APP. P. 9.5, on this 22st day of March 2024. Derek Bauman Kimberly Dang Cris Feldman FELDMAN & FELDMAN, PC 3355 West Alabama St. Suite 1220 Houston, TX 77098 Telephone: 713-986-9472 derek.bauman@ feldman.law kimberly.dang@ feldman.law cris.feldman@ feldman.law Attorneys for Relators Duke W. Coon and Shana Arthur Nathan A. Steadman 5005 Riverway Dr. Suite 205 Houston, TX 77056 Telephone: 713-868-2222 Attorney for Respondent Kristin Wilkinson-Guardino P.O. Box 3601 Conroe, Texas 77305 info@ kristinguardino.com Real Party in Interest /s/ Raj Aujla Raj Aujla Exhibit 6 CAUSE NO. 24-03-04004 DUKE W. COON and SHANA ARTHUR, § IN THE DISTRICT COURT § Plaintiffs, Vv. 284TH JUDICIAL CIRCUIT SOCO M. GORJON, IN HER OFFICIAL CAPACITY AS CITY SECRETARY, Defendant, MONTGOMERY COUNTY, TEXAS and BOBBY T. YANCEY and CURTIS L. MADDUX, Intervenors. DECLARATION OF SUZIE HARVEY 1 My name is Suzie Harvey. I am over the age of eighteen years and competent to testify regarding the matters contained herein. 2. I currently serve as the Elections Administrator for Montgomery County, wherein the City of Conroe is located. 3 In my role, I serve as the chief county election officer as well as the voter registrar. 4. Montgomery County is holding a joint general election on May 4, 2024, which includes the City of Conroe election. 5 March 20, 2024 marks the 45th day before the May 4 general election. 6. Both Section 86.004(b) of the Texas Election Code and the federal Military and Overseas Empowerment (“MOVE”) Act require ballots to be mailed to eligible applicant-voters who are overseas or in the military on or before the 45th day before election day. 7. In accordance with these statutes, overseas and military ballots for the Montgomery County general election were mailed on the afternoon of March 20, 2024, some of which included 1 ballots for the City of Conroe election. 1 DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executed on this 22nd day of March 2024. DECLARANT ne Suzie Harvey