On June 4, Ms. Chaffin declared Mr. Fleming ineligible citing a provision in the election code that allows a a presiding officer to declare a candidate ineligible,"Facts indicating that the candidate is ineligible are conclusively established by another public record." However, According to the Secretary of State's website No public record conclusively establishes residency.
On Sept 21, the 95th District has already ruled that Ms. Chaffin did not provide a public record that conclusively establishes that Mr. Fleming was not a resident. Ms. Chaffin is currently appealing the decision.
The Secretary of State is the chief election officer for the State of Texas. Section 31.004(a) of the Texas Election Code (the "Code") provides that, "The Secretary of State shall assist and advise all election authorities with regard to the application, operation, and interpretation of this code and of the election laws outside of this code."
The member of CFBISD Network asked the Secretary of State's Office to answer the following question: "According to the State Election Code, after the canvass is completed and the but prior to the issuance certificate of election, the presiding officer may declare a candidate ineligible if the information on the candidate's application for a place on the ballot indicates that the candidate is ineligible for the office; facts or indicating that the candidate is ineligible are conclusively established by another public record. On the SOS website, see link below, indicates that no public record conclusively establishes residency. Therefore is it correct to conclude that it would it would be improper under Sec. 143.003(f) for a presiding officer to declare a candidate ineligible for not being a resident, since no public record exist to conclusively establish residency? Could you direct me to any SOS or SAG or trial opinions, to support your answer. http://www.sos.state.tx.us/elections/laws/candidacy.shtml"
The Secretary of State will occasionally issue advice in the form of an official election law opinion. Generally, election law opinions are reserved for interpretations of election law that will have a significant impact on the election process. As a result of this provision and similar language contained in sections 31.001 and 31.003 of the Code, the Secretary of State responds to election-related requests from officials charged with election-related responsibilities. Individuals with duties of this nature include (but are not limited to): Election Administrators; County Clerks; Voter Registrars; City Secretaries; Early Voting Clerks; City Councils; Mayors; School Boards; County Commissioners; and County Judges*
I would hope that the CFBISD Board of Trustees would seek a legal opinion from the Secretary of States Office prior to pursuing additional legal action.
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