340th District Judge Dick Alcala issued his ruling in the case of Mary J. Lozano vs. James Rosales at the end of a daylong trial held in the municipal auditorium at City Hall in Karnes City on Monday, July 9.
Alcala said that the court's findings were made as a result of clear and convincing evidence.
“Due to an error by the election officials, at least nine eligible voters were prevented from voting in their correct precinct,” Alcala said. “After the final canvass there was a difference of eight votes between these two candidates. The court further finds that evidence of how the voters intended to vote under the circumstances of this case – and the conflicting case law on that – it is not relevant I think in this case where it is a close election. The reliability of that type of evidence is questionable, and as a result the true outcome of this election can not be ascertained and therefore the court hereby declares the election for county commissioner precinct 3 in Karnes County held on May 29 of 2012 void and a new election is ordered and the cost of this contest are assessed equally against the contestant and the contestee.”
Afterwards, Judge Alcala discussed a possible date for the new election, and after discussion with both attorneys and local and state election officials, the date of the election was set for July 31 to coincide with two local runoff elections set for that date.
See the July 11 issue of The Karnes Countywide for a more detailed report on this case.