In re Timothy Ryan

Petition for Writ of Mandamus

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On May 10, 2008, respondent City of El Campo, Texas (the City) will hold an election to fill three at-large city council seats. Among the seven candidates for the three positions are relator Timothy Ryan and non-party Jimmy Roppolo (Roppolo). Roppolo was not a citizen of the City until his neighborhood and others were annexed by ordinances of the City in December 2007. Because the requisite number of registered voters in the City presented petitions in January 2008 challenging the annexation ordinances, section 7.03 of the charter of the City required its city council to either revoke the annexation ordinances or submit them to a city-wide vote. If the City chooses the vote option, section 7.03 requires the ordinances to be suspended. Here, Respondents failed to follow section 7.03 of the charter, the result being that Roppolo will be wrongly included on the ballot for the May 10 election and all citizens brought into the City through the now-void annexation ordinances can vote in the May 10 election. Must the respondents follow section 7.03 of the charter to avoid an invalid election?

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Reference Info:Pleadings | State, 5th Circuit, Texas | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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