The general election is Nov. 4.
The two officials, Stanley Tuttle, Refugio County Commissioner, Precinct 2, and County Treasurer Elaine Henning, both Democratic candidates, voted in the Republican Primary, which is prohibited by the Election Code.
The part of the code, not known generally, is Section 162.015.
Garcia said other violations of the same section have been reported across Texas.
Voters in general can vote for whoever they want, but candidates can not vote in an opposite party primary.
Tuttle and Henning will be taken off the general election ballot for County Commissioner, Precinct 2, and County Treasurer and will not be allowed to be write-ins for those positions, respectively.
The Refugio County Party Chairman, Bernice Macias, has the responsibility to nominate candidates for those positions, according to Garcia.
Macias said she will issue a formal letter and place a phone call to the two candidates notifying them of their ineligibility.
She said she would confer with the Democratic Executive Committee for suggestions on nominations.
“I will select the most qualified,” she said. “I cannot do that until June.”
Macias also said she was notified by the election administrator about the situation, also saying she was not the anonymous person who reported the problem.
She added that she has contacted County Judge Rene Mascorro about the situation.
Garcia said when she was told of the code violation, she checked all candidates out of fairness, and she verified that Tuttle and Henning were the only two who violated election code.
“If I would have thought it would have been something like this, I would have never done it,” Tuttle said upon learning of the election code rule.
“Oh well, I guess it’s done,” he added.
A call to Henning went to voice mail.
Meanwhile, Macias said she was going to contact the attorney general’s office and the secretary of state.
“I want to get the total facts,” she said.