Preview
Electronically Filed
3/23/2022 4:11 PM
Hidalgo County District Clerks
Reviewed By: Alexis Bonilla
C-1053-22-C
CAUSE NO.______________
TANIA RAMIREZ, § IN THE DISTRICT COURT
Contestant §
§
VS. § ______ JUDICIAL DISTRICT
§
RICARDO ‘RICHARD’ F. CORTEZ, §
Contestee. § HIDALGO COUNTY, TEXAS
CONTESTANT’S ORIGINAL PETITION FOR ELECTION CONTEST
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, TANIA RAMIREZ, Contestant in the above styled and numbered cause,
and through her attorney of record files this her Original Petition for Election Contest seeking to
challenge the results of the Hidalgo County Judge, Democratic Primary Election held on March 1,
2022 (hereinafter the “Election” or “Primary Election”), and canvassed on March 10, 2022.
Contestant would respectfully show the Court as follows:
I. DISCOVERY CONTROL PLAN
1. Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, Contestant intends to
conduct this case under Discovery Level 3.
II. PARTIES AND SERVICE
2. Contestant, TANIA RAMIREZ, (hereinafter “Ramirez” or “Contestant”) is an individual
who was a candidate in the 2022 Democratic Primary for Hidalgo County Judge against
two other candidates. Ramirez is a resident of Hidalgo County, Texas.
3. Contestee, RICARDO ‘RICHARD’ F. CORTEZ, (hereinafter “Cortez” or “Contestee”) is
one of the other three candidates in the 2022 Democratic Primary for Hidalgo County
Judge. Contestee ran as the incumbent in the race and was declared the outright alleged
winner of the Primary Election, without need for a runoff election. Cortez is likewise a
Contestant’s Original Petition for Election Contest - p. 1
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resident of Hidalgo County, Texas, and can be served via private process server at 709
Wisteria Avenue, McAllen, Texas 78504, or wherever he may be found.
4. Pursuant to Election Code § 232.009(a)(1), Contestant specifically requests that the head
Canvassing Authority, Patrick Eronini, Chair, Hidalgo County Democratic Party
(Canvassing Official, Democratic Party) be noticed of the filling of this Contest. Such
notice should be sent to him at his office located at the Hidalgo County Democratic Party,
Patrick Eronini, Chair, 1111 West Nolana, McAllen, Texas 78504, or wherever he may be
found.
5. Pursuant to Texas Election Code § 232.008(d), a copy of the present lawsuit must be
delivered to the Texas Secretary of State. The lawsuit may be delivered to the Elections
Division, Secretary of State, P.O. Box 12060, Austin, Texas 78711-2060. Pursuant to
Senate Bill 1 (hereinafter “SB1”), passed on September 7, 2021 by the 87th Legislature, 2nd
Special Session, a copy of the present lawsuit may also be electronically delivered to the
Secretary of State. See Texas Election Code § 232.008(d).
6. Contestant further requests that the citation of service in this cause conforms to the
requirements of the Election Code, which provides that
FILING PERIOD FOR ANSWER. A contestee in a contest of a general or special
election must file an answer to the contestant's petition not later than 10 a.m. of the
10th day after the date of service of citation on the contestee or 10 a.m. of the fifth
day after the date the official result in the contested race is determined, whichever
is later. The citation must command the contestee to answer by the specified
deadline.
Tex. Elec. Code § 232.010 (emphasis added).
Contestant’s Original Petition for Election Contest - p. 2
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III. JURISDICTION AND VENUE
7. The District Court of Hidalgo County, Texas has exclusive jurisdiction and venue of this
cause of action pursuant to Election Code 221.002(a) and 232.006(c).
8. Pursuant to Texas Election Code Section 231.004, notice is hereby given that this matter
involves territory covered by the District Court of Hidalgo County. Therefore, the
regularly and duly elected judge of this Court is statutorily disqualified. The District Clerk
shall promptly notify the judge of this filing so that a special judge may be assigned to hear
this matter pursuant to Texas Election Code Section 231. 004(b).
9. This election contest is timely filed pursuant to Texas Election Code Section 232. 008(c),
because it was filed not later than the 15th day after the official result was determined – i.e.,
the election canvassing that occurred on March 10, 2022.
IV. STATEMENT OF FACTS
10. The Hidalgo County Democratic Primary was held on March 1, 2022.
11. Prior to Election Day, there were twenty-eight (28) early voting polling locations
throughout the county, distributed among the following twenty (20) municipalities: Alamo,
Alton, Donna, Edcouch, Edinburg, Elsa, Granjeno, Hidalgo, La Joya, La Villa, McAllen,
Mercedes, Mission, Palmview, Peñitas, Pharr, Progresso, San Juan, Sullivan City and
Weslaco.1
12. Early voting ran from Monday February 14, 2022 through Friday February 25, 2022, and
was conducted by Hidalgo County, and overseen by the Hidalgo County Elections
1
“March 1, 2022 Primary Elections Early Voting Polling Locations Dates and Times,” Hidalgo County Elections
Department, available at: https://www.hidalgocounty.us/DocumentCenter/View/56750/EV-2022-March-Primary-
Schedule-Final-NEW?bidId= (accessed on March 10, 2022).
Contestant’s Original Petition for Election Contest - p. 3
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Department (“HCED”), a participant in the Countywide Polling Place Program (“CWPP
PROGRAM”).
13. The Hidalgo County Democratic Party (“HCDP”) was responsible for staffing polling
places on Election Day. Also, Democratic Party Chairman Patrick Eronini (hereinafter
“Eronini”) was solely responsible for appointing members of the Early Voting Ballot Board
(“EVBB”) and the Signature Verification Committee (“SVC”). Eronini did in fact make
such appointments to the EVBB2 and the SVC3 in notices published by the HCED and
signed by Yvonne Ramon, Hidalgo County Elections Administrator.
RESULTS
14. According to the unofficial results posted by the HCED, at the end of the count on Election
Day, with 259 of 259 precincts reporting, 41,293 votes were cast in the race for County
Judge with the following vote distribution:
CANDIDATE VOTES PERCENTAGE
Norma Ramirez 8,305 20.11%
Ricardo ‘Richard’ F. Cortez 20,741 50.23%
Tania Ramirez 12,247 29.66%
2
“Hidalgo County Democratic Party – Notice of Early Voting Ballot Board,” Hidalgo County Elections Department,
available at: https://www.hidalgocounty.us/DocumentCenter/View/57756/Revised-2-DEM-Notice-of-Early-Voting-
Ballot-Board-2022?bidId= (accessed on March 10, 2022).
3
“Notice of Appointment of Signature Verification Committee,” Hidalgo County Elections Department, available at:
https://www.hidalgocounty.us/DocumentCenter/View/57145/DEM-Notice-of-Appointment-Signature-Verification-
Committee-?bidId= (accessed on March 10, 2022).
Contestant’s Original Petition for Election Contest - p. 4
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15. After the vote was canvassed, and after the EVBB added either provisional or pending mail
ballots to the unofficial total, there were a total of 41,383 votes cast, with the following
vote distribution:
CANDIDATE VOTES PERCENTAGE
Norma Ramirez 8,326 20.12%
Ricardo ‘Richard’ F. Cortez 20,792 50.24%
Tania Ramirez 12,265 29.64%
16. These totals include the following distribution by vote type between Contestant and
Contestee:
CANDIDATE ABSENTEE ELECTION EARLY VOTE
COUNT COUNT COUNT
Contestant 347 3,337 8,581
Contestee 1,124 5,326 14,342
17. 50% of the total votes cast in this race equals 20,691.5 votes. The difference between
Contestee’s votes and 50% of the total votes cast is 100.5.
18. Furthermore, according to the official election reconciliation report, there were 43,712 total
voters and 43,171 counted ballots.4 Thus, the EVBB rejected a total of 488 mail ballots
returned by voters, and a total of 33 provisional ballots.5
4
“Election Reconciliation – Official Totals,” Hidalgo County Elections Department, available at:
https://www.hidalgocounty.us/DocumentCenter/View/57901/DEM-Reconciliation-Official-Totals?bidId= (accessed
on March 11, 2022).
5
Id. (accessed March 11, 2022).
Contestant’s Original Petition for Election Contest - p. 5
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ELECTION DAY POLLING LOCATIONS
19. The HCDP had originally planned to coordinate with the local Republican Party and to
have eighty-eight (88) countywide polling places where voters could cast a ballot for either
party.
20. Prior to Election Day, the HCED published a listof eighty-eight (88) polling locations,
distributed among the following twenty-four (24) municipalities: Alamo, Alton, Donna,
Edcouch, Edinburg, Elsa, Granjeno, Hargill, Hidalgo, La Joya, La Villa, McAllen,
McCook, Mercedes, Mission, Monte Alto, Palmhurst, Palmview, Peñitas, Pharr, Progresso,
San Juan, Sullivan, and Weslaco. (Contestant’s Exhibit 1).
21. As late as March 10, 2022, the day of the canvass, the Secretary of State listed eighty-nine
(89) polling locations in Hidalgo County.6
22. On Friday February 25, 2022, the last day of early voting and before the polls closed, the
HCED published a new listof polling locations, with a total of fifty-six (56) locations
distributed among the following nineteen (19) municipalities: Alamo, Donna, Edcouch,
Edinburg, Elsa, Granjeno, Hidalgo, La Joya, La Villa, McAllen, McCook, Mercedes,
Mission, Monte Alto, Palmhurst, Pharr, San Juan, Sullivan, and Weslaco. Thus, Alton,
Hargill, McCook, Sullivan, Palmview, and Progresso were deprived of polling locations.7
23. On Sunday February 28, 2022, the eve of Election Day, the HCED published another
updated list of polling locations, with a total of forty-two (42) locations distributed among
the following municipalities: Alamo, Edcouch, Edinburg, Elsa, Granjeno, Hidalgo, La
6
“Texas Elections Results,” Texas Secretary of State, available at: https://results.texas-election.com/county (accessed
on March 10, 2022).
7
“March 1, 2022 Primary Elections – Democratic Party Election Day Polling Locations,” Hidalgo County Elections
Department Facebook Page, photo upload dated February 25, 4:51 PM, available at:
https://www.facebook.com/HidalgoCountyElections/ (accessed on March 10, 2022).
Contestant’s Original Petition for Election Contest - p. 6
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Villa, McAllen, Mercedes, Mission, Monte Alto, Palmhurst, Pharr, San Juan, Sullivan, and
Sullivan. La Joya and McCook no longer had polling locations.8
24. On Tuesday March 1, 2022, the day of the election, the HCED published a new list of
polling locations which now omitted Mission Fire Department leaving the total at 41.9
25. The combination of poll closures, change in polling locations, and the unpublicized
separate operation of the polling locations by the HCDP and its Republican counterpart
created a perfect storm of voter confusion. Voters who had expected to vote at certain
previously advertised locations found them closed. Others went to polling locations,
adorned with “Vote Here” and similar messaging, only to find that they needed to go to
another location because that location was dedicated to the other party.
26. As KRGV noted, “Hidalgo County typically has 88 polling locations open on Election Day,
but there were just 60 on Tuesday.”10 As the video accompanying the article notes, for the
primary, there were 4211 Democratic locations and 18 Republican locations, and that the
parties agreed to operate them separately. The reporter in the video further states that
8
“March 1, 2022 Primary Elections – Democratic Party Election Day Polling Locations,” Hidalgo County Elections
Department Facebook Page, photo upload dated February 28, 2022 at 10:59 AM, available at:
https://www.facebook.com/HidalgoCountyElections/ (accessed on March 10, 2022).
9
“March 1, 2022 Primary Elections – Democratic Party Election Day Polling Locations,” Hidalgo County Elections
Department Facebook Page, photo upload dated March 1, 2022 at 8:04 AM, available at:
https://www.facebook.com/HidalgoCountyElections/ (accessed on March 10, 2022). In contrast, in the 2018 primary,
there were seventy-four (74) locations. “Republican & Democratic Party March 6, 2018 Election Day County Wide
Polling Locations,” Hidalgo County Elections Department, available at:
https://www.hidalgocounty.us/DocumentCenter/View/29740/ED-2018-Primary-Schedule?bidId=
10
“Questions Remain After More than 20 Polling Sites Close in Hidalgo County on Election Day,” KRGV,
available at: https://www.krgv.com/news/questions-remain-after-more-than-20-polling-sites-close-in-hidalgo-
county-on-election-day/ (accessed on March 10, 2022).
11
The media still reports that there were 42 polling locations on Election Day, but this does not reflect the closure of
Mission Fire Department, which leaves only 41 listed polling locations.
Contestant’s Original Petition for Election Contest - p. 7
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KRGV is still investigating why the parties “chose not to let voters know about [poll
closures and the separate operations of the polls] before election day.”12
27. The Rio Grande Guardian published an article noting that most of the polls that were closed
were in Western Hidalgo County.13 In this article, Alexia Anne Solis, of the American
Federation of Texas, complained that the poll closures disenfranchised voters in Western
Hidalgo County, as there were no polling locations in Alton, La Joya, Palmview, and
Peñitas.14
28. This article also included interviews with other Democratic Party activists, including
Danny Diaz and Rosalie Weisfeld, both of whom stated that the poll closures were designed
to suppress votes. As Weisdfeld stated in the concluding salvo of the article, “[v]oter
suppression is underway. So many cities do not have a polling place on Election Day, this
is a travesty and will definitely impact the candidates running. Note, La Joya, Peñitas,
Alton, Progreso, McCook, San Manuel/Linn don’t have an Election Day polling location .
. . .”15
29. Contestee himself, before the results of the election were known, spoke to the Monitor to
complain of the poll closures. The Monitor article, published on Election Day, stated the
following:
Cortez said most of the polling locations that the Hidalgo County Democratic Party
closed were on the western side of the county, including the only polling locations
in Palmview, La Joya and Peñitas. “The only voting location in the west would be
12
“Questions Remain After More than 20 Polling Sites Close in Hidalgo County on Election Day,” KRGV,
available at: https://www.krgv.com/news/questions-remain-after-more-than-20-polling-sites-close-in-hidalgo-
county-on-election-day/ (accessed on March 10, 2022).
13
“Solis: Redo the Primary Election in Hidalgo County; Tens of Thousands of Voters Disenfranchised,” Rio Grande
Guardian, available at: https://riograndeguardian.com/solis-redo-the-primary-election-in-hidalgo-county-tens-of-
thousands-of-voters-disenfranchised/ (accessed on March 10, 2022).
14
Id. (accessed on March 10, 2022) (erroneously stating that Palmhurst did not have a polling location).
15
Id. (accessed on March 10, 2022).
Contestant’s Original Petition for Election Contest - p. 8
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Sullivan City, or they can come to Mission to vote,” he said with an exasperated
laugh. “It’s really very disappointing.” Cortez also noted that manpower did not
seem to be an issue for voters in McAllen or Edinburg. “And if you have 12 (polling
locations) in Edinburg and 12 in McAllen, and none in the west . . . you can’t tell
me that it’s a lack of people,” he said. “You chose to put them where you put them,
and if the people on the west are outraged at what happened, they should be.”16
30. Contestee’s complaints regarding poll closures were even picked up by the state media,
with the Texas Tribune reporting that “Hidalgo County also closed polling sites because of
staffing shortages. County Judge Richard Cortez, a Democrat who is running for
reelection, blamed the local Democratic Party and called the closures triggered by the lack
of election judges ‘very disappointing,’ according to The Monitor, the McAllen-based
newspaper.”17
ACTIONS OF THE HEAD OF THE CANVASSING AUTHORITY
31. The HCDP was responsible for conducting the primary election on Election Day and was
the canvassing authority for the election. The chairman of the HCDP is Patrick Eronini,
and the individual ultimately responsible for designating Election Day polling locations.
32. Prior to assuming the role of chairperson, Eronini served as the HCDP Secretary and the
Election Administrator. As early as July 10, 2021, Eronini, “elaborated over the role of
election judges in the county. Mr. Eronini reminded the CEC that the party would need to
present a list to the Election Department by the end of July. Each polling site would need
to hire six workers for the 2022 midterms. There are 74 polling sites and we need to man
16
“Hidalgo County Democratic Party Quietly Shuts Down Election Day Polling Sites in the West,” The Monitor,
available at: https://myrgv.com/local-news/elections/2022/03/01/hidalgo-county-democratic-party-quietly-shuts-
down-election-day-polling-sites-in-the-west/ (accessed on March 10, 2022).
17
“Many Voting Locations Throughout Texas did not Open Because of Staff Shortages,” The Texas Tribune, available
at: https://www.texastribune.org/2022/03/01/texas-primary-election-voting-location-closures/ (accessed on March 10,
2022) (emphasis added).
Contestant’s Original Petition for Election Contest - p. 9
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those locations. Mr. Eronini went on to say after this list is completed then we could begin
with training.” (Contestant’s Exhibit 2).
33. Prior to assuming the role of chairman, the chairwoman of the HCDP was Norma Ramirez,
who finished in last place in the race for Hidalgo County Judge.18 In addition to being a
contributor to her campaign,19 Eronini played an active role in the Norma Ramirez
campaign, including running her campaign Facebook page until at least January 22, 2022,20
among other electioneering activities.
34. As Contestee himself has acknowledged, Norma Ramirez and Patrick Eronini are publicly
known to be in a domestic relationship.21
35. This relationship had been the focus of scrutiny prior to Election Day, with concerns that
Eronini’s relationship with Norma Ramirez, and his active role in her campaign, would
inject bias into the administration of the Democratic Primary Election.
36. For example, Davis Rankin, in a county judge candidate forum hosted by the McAllen
Chamber of Commerce and the McAllen Citizens League on February 3, 2022, asked
18
“Norma Ramirez Resigns as Hidalgo County Democratic Party Chair,” Rio Grande Guardian, available at:
https://riograndeguardian.com/norma-ramirez-resigns-as-hidalgo-county-democratic-party-chair/ (accessed on March
15, 2022).
19
“Candidate/Officeholder Campaign Finance Report – January 15, 2022,” Hidalgo County Elections Department,
available at: https://www.hidalgocounty.us/DocumentCenter/View/56227/Norma-Ramirez-Campaign-Finance-
Report?bidId= (emphasis added).
20
“Dr. Rashid to Norma Ramirez: Stop Filming Campaign Commercials in My Clinic,” Rio Grande Guardian,
available at: https://riograndeguardian.com/dr-rashid-to-norma-ramirez-stop-filming-campaign-commercials-in-my-
clinic/ (accessed on March 15, 2022).
21
Eronini and Norma Ramirez have not publicly acknowledged such a relationship and have in fact suggested in other
fora that they are not in such a relationship, and that any insinuation otherwise is false and possible grounds for a
lawsuit. Motive, however, is not an element of an election contest claim. Violations of the Election Code are
violations of the election code whether they were done with ill intent or simply out of negligence or ignorance.
Thus,
a Contestant may prevail by showing an election official “prevented eligible voters by voting” or that he “engaged in
other fraud or illegal conduct or made a mistake.” Tex. Elec. Code § 221.003(a) (emphasis added). The fact asserted
is not that they are in any sort of particular type of relationship, e.g. common-law marriage, but rather that they are
publicly known to be in such a relationship, and that Contestee himself believes them to be.
Contestant’s Original Petition for Election Contest - p. 10
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Norma Ramirez: “You and he, Mr. Eronini, are not lawfully married, not married by a
judge, by a priest?”22
37. On February 28, 2022, the Rio Grande Guardian published an article which included
excerpts from recorded conversations between independent journalist Joshua Mariscal and
Eronini. As the article states:
Josh D. Mariscal says that based on text and telephone interactions he has had with
Hidalgo County Democratic Party chairman Patrick Eronini, it is clear Eronini is
trying, at best, to orchestrate a smear campaign in the Hidalgo County Judge’s
race, and at worst, trying to select polling location workers that will get voters to
change their vote. In a telephone conversation Mariscal recorded, Eronini said:
“She’s a crackhead, from what I’ve heard.” He was referring to Hidalgo County
Judge candidate Tania Ramirez. In another phone conversation with Mariscal,
Eronini claimed Hidalgo County Judge Richard Cortez was “incompetent” and
“arrogant” and “belongs in a retirement home.” However, Norma Ramirez, another
candidate for Hidalgo County Judge, is well qualified, Eronini argued. Asked about
Norma Ramirez’s candidacy by Mariscal, Eronini said: “Well, she has the
background. As a business person she creates jobs. She has the temperament. She’s
competent.”23
38. This article also includes excerpts of a recording in which Eronini speaks to an election-
worker hired by the Norma Ramirez campaign, whom he is hiring to staff polling locations.
As the article states:
In the clip, Eronini said to the would-be election worker: “You are from Hidalgo.
Why don’t you work (at a polling location) in Hidalgo? Why do you want to work
in Donna?” It appears a man is asking for polling location work on behalf of a
female politiquera. “It is best for her to work in Hidalgo where she knows the
people. If they don’t know you they are not going to listen to you,” Eronini told
the man. “It is best for her to work in Hidalgo where she knows people. You know
what I am saying?” Eronini continued: “It’s easier for you to have their vote (in
Hidalgo). In Donna, you don’t know the people. The only people that you can get
to change their mind is people that you know.24 If you don’t know the people, they
22
“Hidalgo County Judge Candidates Forum,” Texas Border Business Facebook page, available at:
https://www.facebook.com/watch/?v=4816502498387026 (accessed on March 15, 2022).
23
“Citizen Journalist: Local Political Party Leader Wanted Me to be a Misinformation Mule,” Rio Grande Guardian,
available at: https://riograndeguardian.com/citizen-journalist-local-political-party-leader-wanted-me-to-be-a-
misinformation-mule/ (accessed on March 11, 2022) (emphasis added).
24
Such conduct, if carried out, would violate multiple provisions of the Election and Penal Codes. It is unlawful for
any person, whether hired as an election official or not, to “indicate[] to a voter in a polling place by word, sign, or
Contestant’s Original Petition for Election Contest - p. 11
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are not going to listen to you.” Going back to Tania Ramirez and Judge Cortez,
Eronini told Mariscal: “For the sake of this county, we can’t let these people in.”25
39. Again on Election Day, there were stories published directly linking the closure of polls in
Western Hidalgo County with Eronini’s role in the Norma Ramirez Campaign. As
described in the Rio Grande Guardian article featuring Alexia Solis: “[Solis] further
speculated that these closures were deliberate, that the closures were part of ‘a political
move because Patrick’s wife [Norma Ramirez], or whatever she is, is on the ballot and she
is not favorable in my area. There’s something nefarious going on . . . . Tania [Ramirez]
and Richard [Cortez] are stronger over here . . . .’”26
40. Consistent with Alexia Solis’s statements in the Rio Grande Guardian article, Contestee
himself has acknowledged the problematic relationship between Eronini and candidate
Norma Ramirez. In an interview with independent journalist Joshua Mariscal, Contestee
stated the following:
I’ve known all about those people. . . . There’s some bad guys, and there are, that
want to . . . you know . . . he [Patrick Eronini] is in a domestic, he is in a
relationship with one of my candidates [Norma Ramirez], and she calls herself a
judge of a court that doesn’t exist. And she does that willfully knowing that a court
does not exist, and why does she do that? Because she wants to send out a
perception that she is a judge, that she is more than what she is. I refuse to come
after Norma, I refuse to come after Patrick, and I know what they are. I know what
they are. Do you know how many times they call me for money, they call me for
the county to give them money for this (laughs) for this refuge for abandoned kids,
or whatever, and I went to the house, I went to see it,and there wasn’t a single
person there, and I don’t know if they have ever had a child there, and they are
gesture how the person desires the voter to vote or not vote.” Tex. Elec. Code § 61.008. If such a person were
receiving compensation from a candidate, it would violate SB1’s prohibition against vote harvesting, and possibly the
Election Code’s voter assistance provisions. See, e.g., Tex. Elec. Code § 64.031 (requiring that a voter meet certain
statutory requirements before receiving help in marking or reading a ballot), and § 64.032 (requiring two election
officials to assist a voter).
25
Id. (accessed on March 11, 2022) (emphasis added).
26
“Solis: Redo the Primary Election in Hidalgo County; Tens of Thousands of Voters Disenfranchised,” Rio Grande
Guardian, available at: https://riograndeguardian.com/solis-redo-the-primary-election-in-hidalgo-county-tens-of-
thousands-of-voters-disenfranchised/ (accessed on March 10, 2022) (emphasis added).
Contestant’s Original Petition for Election Contest - p. 12
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soliciting funds for that. . . . I knew that helping them was not the right decision.
Why is it that every week I’d get a call from Norma, the chairman [sic] of the
Democratic Party, to ask me for money and tell me, well if you don’t send me
money, why should I help you? Well, I thought that was your job, I didn’t know I
had to pay you to do your job.27
41. More importantly, after the closure of the polls, Contestee acknowledged that Eronini
worked for the Norma Ramirez campaign, and that his decisions regarding the location of
polls was deliberate, and that lack of ‘manpower,’ as Eronini would later claim, was no
excuse:
Hidalgo County Judge Richard Cortez expressed concern Tuesday after the
county’s Democratic Party failed to open traditional polling locations in western
Hidalgo County, which he argued confused and disenfranchised voters there. The
issue for them was not how many polling locations the Hidalgo County Democratic
Party opened on Election Day, but rather where they were placed. Cortez, who won
the Democratic nomination for his post Tuesday night and had no control over the
Election Day polling locations, was upset that the only option for voters in the west
was a single polling site in Sullivan City. “I mean, it’s really ridiculous,” he said
when reached by phone Tuesday afternoon. Voters in Peñitas, Palmview, La Joya
and Alton — all cities that had one polling location each during the early voting
period — were forced to travel to Sullivan City or Mission to cast their votes. “It’s
really very disappointing,” Cortez said. . . . Cortez did not appear to believe that
manpower was Eronini’s driving factor. “We didn’t have problems in early
voting,” Cortez said about the county’s elections department, which by law had
Preview
Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C CAUSE NO.______________ TANIA RAMIREZ, § IN THE DISTRICT COURT Contestant § § VS. § ______ JUDICIAL DISTRICT § RICARDO ‘RICHARD’ F. CORTEZ, § Contestee. § HIDALGO COUNTY, TEXAS CONTESTANT’S ORIGINAL PETITION FOR ELECTION CONTEST TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, TANIA RAMIREZ, Contestant in the above styled and numbered cause, and through her attorney of record files this her Original Petition for Election Contest seeking to challenge the results of the Hidalgo County Judge, Democratic Primary Election held on March 1, 2022 (hereinafter the “Election” or “Primary Election”), and canvassed on March 10, 2022. Contestant would respectfully show the Court as follows: I. DISCOVERY CONTROL PLAN 1. Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, Contestant intends to conduct this case under Discovery Level 3. II. PARTIES AND SERVICE 2. Contestant, TANIA RAMIREZ, (hereinafter “Ramirez” or “Contestant”) is an individual who was a candidate in the 2022 Democratic Primary for Hidalgo County Judge against two other candidates. Ramirez is a resident of Hidalgo County, Texas. 3. Contestee, RICARDO ‘RICHARD’ F. CORTEZ, (hereinafter “Cortez” or “Contestee”) is one of the other three candidates in the 2022 Democratic Primary for Hidalgo County Judge. Contestee ran as the incumbent in the race and was declared the outright alleged winner of the Primary Election, without need for a runoff election. Cortez is likewise a Contestant’s Original Petition for Election Contest - p. 1 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C resident of Hidalgo County, Texas, and can be served via private process server at 709 Wisteria Avenue, McAllen, Texas 78504, or wherever he may be found. 4. Pursuant to Election Code § 232.009(a)(1), Contestant specifically requests that the head Canvassing Authority, Patrick Eronini, Chair, Hidalgo County Democratic Party (Canvassing Official, Democratic Party) be noticed of the filling of this Contest. Such notice should be sent to him at his office located at the Hidalgo County Democratic Party, Patrick Eronini, Chair, 1111 West Nolana, McAllen, Texas 78504, or wherever he may be found. 5. Pursuant to Texas Election Code § 232.008(d), a copy of the present lawsuit must be delivered to the Texas Secretary of State. The lawsuit may be delivered to the Elections Division, Secretary of State, P.O. Box 12060, Austin, Texas 78711-2060. Pursuant to Senate Bill 1 (hereinafter “SB1”), passed on September 7, 2021 by the 87th Legislature, 2nd Special Session, a copy of the present lawsuit may also be electronically delivered to the Secretary of State. See Texas Election Code § 232.008(d). 6. Contestant further requests that the citation of service in this cause conforms to the requirements of the Election Code, which provides that FILING PERIOD FOR ANSWER. A contestee in a contest of a general or special election must file an answer to the contestant's petition not later than 10 a.m. of the 10th day after the date of service of citation on the contestee or 10 a.m. of the fifth day after the date the official result in the contested race is determined, whichever is later. The citation must command the contestee to answer by the specified deadline. Tex. Elec. Code § 232.010 (emphasis added). Contestant’s Original Petition for Election Contest - p. 2 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C III. JURISDICTION AND VENUE 7. The District Court of Hidalgo County, Texas has exclusive jurisdiction and venue of this cause of action pursuant to Election Code 221.002(a) and 232.006(c). 8. Pursuant to Texas Election Code Section 231.004, notice is hereby given that this matter involves territory covered by the District Court of Hidalgo County. Therefore, the regularly and duly elected judge of this Court is statutorily disqualified. The District Clerk shall promptly notify the judge of this filing so that a special judge may be assigned to hear this matter pursuant to Texas Election Code Section 231. 004(b). 9. This election contest is timely filed pursuant to Texas Election Code Section 232. 008(c), because it was filed not later than the 15th day after the official result was determined – i.e., the election canvassing that occurred on March 10, 2022. IV. STATEMENT OF FACTS 10. The Hidalgo County Democratic Primary was held on March 1, 2022. 11. Prior to Election Day, there were twenty-eight (28) early voting polling locations throughout the county, distributed among the following twenty (20) municipalities: Alamo, Alton, Donna, Edcouch, Edinburg, Elsa, Granjeno, Hidalgo, La Joya, La Villa, McAllen, Mercedes, Mission, Palmview, Peñitas, Pharr, Progresso, San Juan, Sullivan City and Weslaco.1 12. Early voting ran from Monday February 14, 2022 through Friday February 25, 2022, and was conducted by Hidalgo County, and overseen by the Hidalgo County Elections 1 “March 1, 2022 Primary Elections Early Voting Polling Locations Dates and Times,” Hidalgo County Elections Department, available at: https://www.hidalgocounty.us/DocumentCenter/View/56750/EV-2022-March-Primary- Schedule-Final-NEW?bidId= (accessed on March 10, 2022). Contestant’s Original Petition for Election Contest - p. 3 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C Department (“HCED”), a participant in the Countywide Polling Place Program (“CWPP PROGRAM”). 13. The Hidalgo County Democratic Party (“HCDP”) was responsible for staffing polling places on Election Day. Also, Democratic Party Chairman Patrick Eronini (hereinafter “Eronini”) was solely responsible for appointing members of the Early Voting Ballot Board (“EVBB”) and the Signature Verification Committee (“SVC”). Eronini did in fact make such appointments to the EVBB2 and the SVC3 in notices published by the HCED and signed by Yvonne Ramon, Hidalgo County Elections Administrator. RESULTS 14. According to the unofficial results posted by the HCED, at the end of the count on Election Day, with 259 of 259 precincts reporting, 41,293 votes were cast in the race for County Judge with the following vote distribution: CANDIDATE VOTES PERCENTAGE Norma Ramirez 8,305 20.11% Ricardo ‘Richard’ F. Cortez 20,741 50.23% Tania Ramirez 12,247 29.66% 2 “Hidalgo County Democratic Party – Notice of Early Voting Ballot Board,” Hidalgo County Elections Department, available at: https://www.hidalgocounty.us/DocumentCenter/View/57756/Revised-2-DEM-Notice-of-Early-Voting- Ballot-Board-2022?bidId= (accessed on March 10, 2022). 3 “Notice of Appointment of Signature Verification Committee,” Hidalgo County Elections Department, available at: https://www.hidalgocounty.us/DocumentCenter/View/57145/DEM-Notice-of-Appointment-Signature-Verification- Committee-?bidId= (accessed on March 10, 2022). Contestant’s Original Petition for Election Contest - p. 4 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C 15. After the vote was canvassed, and after the EVBB added either provisional or pending mail ballots to the unofficial total, there were a total of 41,383 votes cast, with the following vote distribution: CANDIDATE VOTES PERCENTAGE Norma Ramirez 8,326 20.12% Ricardo ‘Richard’ F. Cortez 20,792 50.24% Tania Ramirez 12,265 29.64% 16. These totals include the following distribution by vote type between Contestant and Contestee: CANDIDATE ABSENTEE ELECTION EARLY VOTE COUNT COUNT COUNT Contestant 347 3,337 8,581 Contestee 1,124 5,326 14,342 17. 50% of the total votes cast in this race equals 20,691.5 votes. The difference between Contestee’s votes and 50% of the total votes cast is 100.5. 18. Furthermore, according to the official election reconciliation report, there were 43,712 total voters and 43,171 counted ballots.4 Thus, the EVBB rejected a total of 488 mail ballots returned by voters, and a total of 33 provisional ballots.5 4 “Election Reconciliation – Official Totals,” Hidalgo County Elections Department, available at: https://www.hidalgocounty.us/DocumentCenter/View/57901/DEM-Reconciliation-Official-Totals?bidId= (accessed on March 11, 2022). 5 Id. (accessed March 11, 2022). Contestant’s Original Petition for Election Contest - p. 5 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C ELECTION DAY POLLING LOCATIONS 19. The HCDP had originally planned to coordinate with the local Republican Party and to have eighty-eight (88) countywide polling places where voters could cast a ballot for either party. 20. Prior to Election Day, the HCED published a listof eighty-eight (88) polling locations, distributed among the following twenty-four (24) municipalities: Alamo, Alton, Donna, Edcouch, Edinburg, Elsa, Granjeno, Hargill, Hidalgo, La Joya, La Villa, McAllen, McCook, Mercedes, Mission, Monte Alto, Palmhurst, Palmview, Peñitas, Pharr, Progresso, San Juan, Sullivan, and Weslaco. (Contestant’s Exhibit 1). 21. As late as March 10, 2022, the day of the canvass, the Secretary of State listed eighty-nine (89) polling locations in Hidalgo County.6 22. On Friday February 25, 2022, the last day of early voting and before the polls closed, the HCED published a new listof polling locations, with a total of fifty-six (56) locations distributed among the following nineteen (19) municipalities: Alamo, Donna, Edcouch, Edinburg, Elsa, Granjeno, Hidalgo, La Joya, La Villa, McAllen, McCook, Mercedes, Mission, Monte Alto, Palmhurst, Pharr, San Juan, Sullivan, and Weslaco. Thus, Alton, Hargill, McCook, Sullivan, Palmview, and Progresso were deprived of polling locations.7 23. On Sunday February 28, 2022, the eve of Election Day, the HCED published another updated list of polling locations, with a total of forty-two (42) locations distributed among the following municipalities: Alamo, Edcouch, Edinburg, Elsa, Granjeno, Hidalgo, La 6 “Texas Elections Results,” Texas Secretary of State, available at: https://results.texas-election.com/county (accessed on March 10, 2022). 7 “March 1, 2022 Primary Elections – Democratic Party Election Day Polling Locations,” Hidalgo County Elections Department Facebook Page, photo upload dated February 25, 4:51 PM, available at: https://www.facebook.com/HidalgoCountyElections/ (accessed on March 10, 2022). Contestant’s Original Petition for Election Contest - p. 6 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C Villa, McAllen, Mercedes, Mission, Monte Alto, Palmhurst, Pharr, San Juan, Sullivan, and Sullivan. La Joya and McCook no longer had polling locations.8 24. On Tuesday March 1, 2022, the day of the election, the HCED published a new list of polling locations which now omitted Mission Fire Department leaving the total at 41.9 25. The combination of poll closures, change in polling locations, and the unpublicized separate operation of the polling locations by the HCDP and its Republican counterpart created a perfect storm of voter confusion. Voters who had expected to vote at certain previously advertised locations found them closed. Others went to polling locations, adorned with “Vote Here” and similar messaging, only to find that they needed to go to another location because that location was dedicated to the other party. 26. As KRGV noted, “Hidalgo County typically has 88 polling locations open on Election Day, but there were just 60 on Tuesday.”10 As the video accompanying the article notes, for the primary, there were 4211 Democratic locations and 18 Republican locations, and that the parties agreed to operate them separately. The reporter in the video further states that 8 “March 1, 2022 Primary Elections – Democratic Party Election Day Polling Locations,” Hidalgo County Elections Department Facebook Page, photo upload dated February 28, 2022 at 10:59 AM, available at: https://www.facebook.com/HidalgoCountyElections/ (accessed on March 10, 2022). 9 “March 1, 2022 Primary Elections – Democratic Party Election Day Polling Locations,” Hidalgo County Elections Department Facebook Page, photo upload dated March 1, 2022 at 8:04 AM, available at: https://www.facebook.com/HidalgoCountyElections/ (accessed on March 10, 2022). In contrast, in the 2018 primary, there were seventy-four (74) locations. “Republican & Democratic Party March 6, 2018 Election Day County Wide Polling Locations,” Hidalgo County Elections Department, available at: https://www.hidalgocounty.us/DocumentCenter/View/29740/ED-2018-Primary-Schedule?bidId= 10 “Questions Remain After More than 20 Polling Sites Close in Hidalgo County on Election Day,” KRGV, available at: https://www.krgv.com/news/questions-remain-after-more-than-20-polling-sites-close-in-hidalgo- county-on-election-day/ (accessed on March 10, 2022). 11 The media still reports that there were 42 polling locations on Election Day, but this does not reflect the closure of Mission Fire Department, which leaves only 41 listed polling locations. Contestant’s Original Petition for Election Contest - p. 7 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C KRGV is still investigating why the parties “chose not to let voters know about [poll closures and the separate operations of the polls] before election day.”12 27. The Rio Grande Guardian published an article noting that most of the polls that were closed were in Western Hidalgo County.13 In this article, Alexia Anne Solis, of the American Federation of Texas, complained that the poll closures disenfranchised voters in Western Hidalgo County, as there were no polling locations in Alton, La Joya, Palmview, and Peñitas.14 28. This article also included interviews with other Democratic Party activists, including Danny Diaz and Rosalie Weisfeld, both of whom stated that the poll closures were designed to suppress votes. As Weisdfeld stated in the concluding salvo of the article, “[v]oter suppression is underway. So many cities do not have a polling place on Election Day, this is a travesty and will definitely impact the candidates running. Note, La Joya, Peñitas, Alton, Progreso, McCook, San Manuel/Linn don’t have an Election Day polling location . . . .”15 29. Contestee himself, before the results of the election were known, spoke to the Monitor to complain of the poll closures. The Monitor article, published on Election Day, stated the following: Cortez said most of the polling locations that the Hidalgo County Democratic Party closed were on the western side of the county, including the only polling locations in Palmview, La Joya and Peñitas. “The only voting location in the west would be 12 “Questions Remain After More than 20 Polling Sites Close in Hidalgo County on Election Day,” KRGV, available at: https://www.krgv.com/news/questions-remain-after-more-than-20-polling-sites-close-in-hidalgo- county-on-election-day/ (accessed on March 10, 2022). 13 “Solis: Redo the Primary Election in Hidalgo County; Tens of Thousands of Voters Disenfranchised,” Rio Grande Guardian, available at: https://riograndeguardian.com/solis-redo-the-primary-election-in-hidalgo-county-tens-of- thousands-of-voters-disenfranchised/ (accessed on March 10, 2022). 14 Id. (accessed on March 10, 2022) (erroneously stating that Palmhurst did not have a polling location). 15 Id. (accessed on March 10, 2022). Contestant’s Original Petition for Election Contest - p. 8 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C Sullivan City, or they can come to Mission to vote,” he said with an exasperated laugh. “It’s really very disappointing.” Cortez also noted that manpower did not seem to be an issue for voters in McAllen or Edinburg. “And if you have 12 (polling locations) in Edinburg and 12 in McAllen, and none in the west . . . you can’t tell me that it’s a lack of people,” he said. “You chose to put them where you put them, and if the people on the west are outraged at what happened, they should be.”16 30. Contestee’s complaints regarding poll closures were even picked up by the state media, with the Texas Tribune reporting that “Hidalgo County also closed polling sites because of staffing shortages. County Judge Richard Cortez, a Democrat who is running for reelection, blamed the local Democratic Party and called the closures triggered by the lack of election judges ‘very disappointing,’ according to The Monitor, the McAllen-based newspaper.”17 ACTIONS OF THE HEAD OF THE CANVASSING AUTHORITY 31. The HCDP was responsible for conducting the primary election on Election Day and was the canvassing authority for the election. The chairman of the HCDP is Patrick Eronini, and the individual ultimately responsible for designating Election Day polling locations. 32. Prior to assuming the role of chairperson, Eronini served as the HCDP Secretary and the Election Administrator. As early as July 10, 2021, Eronini, “elaborated over the role of election judges in the county. Mr. Eronini reminded the CEC that the party would need to present a list to the Election Department by the end of July. Each polling site would need to hire six workers for the 2022 midterms. There are 74 polling sites and we need to man 16 “Hidalgo County Democratic Party Quietly Shuts Down Election Day Polling Sites in the West,” The Monitor, available at: https://myrgv.com/local-news/elections/2022/03/01/hidalgo-county-democratic-party-quietly-shuts- down-election-day-polling-sites-in-the-west/ (accessed on March 10, 2022). 17 “Many Voting Locations Throughout Texas did not Open Because of Staff Shortages,” The Texas Tribune, available at: https://www.texastribune.org/2022/03/01/texas-primary-election-voting-location-closures/ (accessed on March 10, 2022) (emphasis added). Contestant’s Original Petition for Election Contest - p. 9 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C those locations. Mr. Eronini went on to say after this list is completed then we could begin with training.” (Contestant’s Exhibit 2). 33. Prior to assuming the role of chairman, the chairwoman of the HCDP was Norma Ramirez, who finished in last place in the race for Hidalgo County Judge.18 In addition to being a contributor to her campaign,19 Eronini played an active role in the Norma Ramirez campaign, including running her campaign Facebook page until at least January 22, 2022,20 among other electioneering activities. 34. As Contestee himself has acknowledged, Norma Ramirez and Patrick Eronini are publicly known to be in a domestic relationship.21 35. This relationship had been the focus of scrutiny prior to Election Day, with concerns that Eronini’s relationship with Norma Ramirez, and his active role in her campaign, would inject bias into the administration of the Democratic Primary Election. 36. For example, Davis Rankin, in a county judge candidate forum hosted by the McAllen Chamber of Commerce and the McAllen Citizens League on February 3, 2022, asked 18 “Norma Ramirez Resigns as Hidalgo County Democratic Party Chair,” Rio Grande Guardian, available at: https://riograndeguardian.com/norma-ramirez-resigns-as-hidalgo-county-democratic-party-chair/ (accessed on March 15, 2022). 19 “Candidate/Officeholder Campaign Finance Report – January 15, 2022,” Hidalgo County Elections Department, available at: https://www.hidalgocounty.us/DocumentCenter/View/56227/Norma-Ramirez-Campaign-Finance- Report?bidId= (emphasis added). 20 “Dr. Rashid to Norma Ramirez: Stop Filming Campaign Commercials in My Clinic,” Rio Grande Guardian, available at: https://riograndeguardian.com/dr-rashid-to-norma-ramirez-stop-filming-campaign-commercials-in-my- clinic/ (accessed on March 15, 2022). 21 Eronini and Norma Ramirez have not publicly acknowledged such a relationship and have in fact suggested in other fora that they are not in such a relationship, and that any insinuation otherwise is false and possible grounds for a lawsuit. Motive, however, is not an element of an election contest claim. Violations of the Election Code are violations of the election code whether they were done with ill intent or simply out of negligence or ignorance. Thus, a Contestant may prevail by showing an election official “prevented eligible voters by voting” or that he “engaged in other fraud or illegal conduct or made a mistake.” Tex. Elec. Code § 221.003(a) (emphasis added). The fact asserted is not that they are in any sort of particular type of relationship, e.g. common-law marriage, but rather that they are publicly known to be in such a relationship, and that Contestee himself believes them to be. Contestant’s Original Petition for Election Contest - p. 10 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C Norma Ramirez: “You and he, Mr. Eronini, are not lawfully married, not married by a judge, by a priest?”22 37. On February 28, 2022, the Rio Grande Guardian published an article which included excerpts from recorded conversations between independent journalist Joshua Mariscal and Eronini. As the article states: Josh D. Mariscal says that based on text and telephone interactions he has had with Hidalgo County Democratic Party chairman Patrick Eronini, it is clear Eronini is trying, at best, to orchestrate a smear campaign in the Hidalgo County Judge’s race, and at worst, trying to select polling location workers that will get voters to change their vote. In a telephone conversation Mariscal recorded, Eronini said: “She’s a crackhead, from what I’ve heard.” He was referring to Hidalgo County Judge candidate Tania Ramirez. In another phone conversation with Mariscal, Eronini claimed Hidalgo County Judge Richard Cortez was “incompetent” and “arrogant” and “belongs in a retirement home.” However, Norma Ramirez, another candidate for Hidalgo County Judge, is well qualified, Eronini argued. Asked about Norma Ramirez’s candidacy by Mariscal, Eronini said: “Well, she has the background. As a business person she creates jobs. She has the temperament. She’s competent.”23 38. This article also includes excerpts of a recording in which Eronini speaks to an election- worker hired by the Norma Ramirez campaign, whom he is hiring to staff polling locations. As the article states: In the clip, Eronini said to the would-be election worker: “You are from Hidalgo. Why don’t you work (at a polling location) in Hidalgo? Why do you want to work in Donna?” It appears a man is asking for polling location work on behalf of a female politiquera. “It is best for her to work in Hidalgo where she knows the people. If they don’t know you they are not going to listen to you,” Eronini told the man. “It is best for her to work in Hidalgo where she knows people. You know what I am saying?” Eronini continued: “It’s easier for you to have their vote (in Hidalgo). In Donna, you don’t know the people. The only people that you can get to change their mind is people that you know.24 If you don’t know the people, they 22 “Hidalgo County Judge Candidates Forum,” Texas Border Business Facebook page, available at: https://www.facebook.com/watch/?v=4816502498387026 (accessed on March 15, 2022). 23 “Citizen Journalist: Local Political Party Leader Wanted Me to be a Misinformation Mule,” Rio Grande Guardian, available at: https://riograndeguardian.com/citizen-journalist-local-political-party-leader-wanted-me-to-be-a- misinformation-mule/ (accessed on March 11, 2022) (emphasis added). 24 Such conduct, if carried out, would violate multiple provisions of the Election and Penal Codes. It is unlawful for any person, whether hired as an election official or not, to “indicate[] to a voter in a polling place by word, sign, or Contestant’s Original Petition for Election Contest - p. 11 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C are not going to listen to you.” Going back to Tania Ramirez and Judge Cortez, Eronini told Mariscal: “For the sake of this county, we can’t let these people in.”25 39. Again on Election Day, there were stories published directly linking the closure of polls in Western Hidalgo County with Eronini’s role in the Norma Ramirez Campaign. As described in the Rio Grande Guardian article featuring Alexia Solis: “[Solis] further speculated that these closures were deliberate, that the closures were part of ‘a political move because Patrick’s wife [Norma Ramirez], or whatever she is, is on the ballot and she is not favorable in my area. There’s something nefarious going on . . . . Tania [Ramirez] and Richard [Cortez] are stronger over here . . . .’”26 40. Consistent with Alexia Solis’s statements in the Rio Grande Guardian article, Contestee himself has acknowledged the problematic relationship between Eronini and candidate Norma Ramirez. In an interview with independent journalist Joshua Mariscal, Contestee stated the following: I’ve known all about those people. . . . There’s some bad guys, and there are, that want to . . . you know . . . he [Patrick Eronini] is in a domestic, he is in a relationship with one of my candidates [Norma Ramirez], and she calls herself a judge of a court that doesn’t exist. And she does that willfully knowing that a court does not exist, and why does she do that? Because she wants to send out a perception that she is a judge, that she is more than what she is. I refuse to come after Norma, I refuse to come after Patrick, and I know what they are. I know what they are. Do you know how many times they call me for money, they call me for the county to give them money for this (laughs) for this refuge for abandoned kids, or whatever, and I went to the house, I went to see it,and there wasn’t a single person there, and I don’t know if they have ever had a child there, and they are gesture how the person desires the voter to vote or not vote.” Tex. Elec. Code § 61.008. If such a person were receiving compensation from a candidate, it would violate SB1’s prohibition against vote harvesting, and possibly the Election Code’s voter assistance provisions. See, e.g., Tex. Elec. Code § 64.031 (requiring that a voter meet certain statutory requirements before receiving help in marking or reading a ballot), and § 64.032 (requiring two election officials to assist a voter). 25 Id. (accessed on March 11, 2022) (emphasis added). 26 “Solis: Redo the Primary Election in Hidalgo County; Tens of Thousands of Voters Disenfranchised,” Rio Grande Guardian, available at: https://riograndeguardian.com/solis-redo-the-primary-election-in-hidalgo-county-tens-of- thousands-of-voters-disenfranchised/ (accessed on March 10, 2022) (emphasis added). Contestant’s Original Petition for Election Contest - p. 12 Electronically Filed 3/23/2022 4:11 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-1053-22-C soliciting funds for that. . . . I knew that helping them was not the right decision. Why is it that every week I’d get a call from Norma, the chairman [sic] of the Democratic Party, to ask me for money and tell me, well if you don’t send me money, why should I help you? Well, I thought that was your job, I didn’t know I had to pay you to do your job.27 41. More importantly, after the closure of the polls, Contestee acknowledged that Eronini worked for the Norma Ramirez campaign, and that his decisions regarding the location of polls was deliberate, and that lack of ‘manpower,’ as Eronini would later claim, was no excuse: Hidalgo County Judge Richard Cortez expressed concern Tuesday after the county’s Democratic Party failed to open traditional polling locations in western Hidalgo County, which he argued confused and disenfranchised voters there. The issue for them was not how many polling locations the Hidalgo County Democratic Party opened on Election Day, but rather where they were placed. Cortez, who won the Democratic nomination for his post Tuesday night and had no control over the Election Day polling locations, was upset that the only option for voters in the west was a single polling site in Sullivan City. “I mean, it’s really ridiculous,” he said when reached by phone Tuesday afternoon. Voters in Peñitas, Palmview, La Joya and Alton — all cities that had one polling location each during the early voting period — were forced to travel to Sullivan City or Mission to cast their votes. “It’s really very disappointing,” Cortez said. . . . Cortez did not appear to believe that manpower was Eronini’s driving factor. “We didn’t have problems in early voting,” Cortez said about the county’s elections department, which by law had