Petition for Writ of Mandamus Conditionally Granted and Opinion filed 

January 13, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00009-CV

IN RE BARBARA WALKER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

Grimes County, Texas

OPINION

Relator Barbara Walker holds the office of County Commissioner for Precinct 

3 of Grimes County, Texas. She is a candidate for re-election to that office in the 

March 3, 2020 Democratic Party Primary Election.

On January 6, 2020, relator filed a petition for writ of mandamus in this court.

See Tex. Gov’t Code Ann. § 22.221 (Supp.); see also Tex. R. App. P. 52. In the 

petition, relator asks this court to compel Grimes County Democratic Party 

Chairman James Harris (“Harris”) to declare Michael Raska (“Raska”) ineligible as 

a candidate for the office of County Commissioner Precinct 3 for Grimes County, 

Texas because Raska was not a registered voter in Precinct 3 on the December 9, 
2

2019 deadline for filing his application for a place on the ballot, as required by 

section 141.001(a)(6) of the Election Code. See Tex. Elec. Code Ann. 

§141.001(a)(6) (Supp.).

We conditionally grant relief.

JURISDICTION

“The supreme court or a court of appeals may issue a writ of mandamus to 

compel the performance of any duty imposed by law in connection with the holding 

of an election or a political party convention, regardless of whether the person 

responsible for performing the duty is a public officer.” Tex. Elec. Code Ann. § 

273.061 (emphasis added). This court has mandamus jurisdiction to direct a party 

official to perform his duty correctly. See Escobar v. Sutherland, 917 S.W. 2d 399, 

411 (Tex. App. – El Paso 1996, orig. proceeding). Relator was not required to first 

seek relief in the district court. See In re Woodfill, 470 S.W.3d 473, 481 (Tex. 2015) 

(orig. proceeding).

MANDAMUS STANDARD 

A writ of mandamus will issue to compel the performance of a ministerial act 

or duty. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). An act is ministerial 

when the law clearly spells out a duty to be performed by a public official with such 

certainty that nothing is left to the official’s discretion. Anderson v. City of Seven 

Points, 806 S.W.2d 791, 793 (Tex. 1992).

The Texas Supreme Court has emphasized that the sections of the Election 

Code dealing with candidacy for political office are mandatory and are to be strictly 

enforced. Wallace v. Howell, 707 S.W.2d 876, 877 (Tex.1986) (orig. proceeding).
3

Harris has a ministerial duty to declare Raska ineligible if presented with public 

records conclusively showing that he is ineligible. See Tex. Elec. Code Ann. 

§141.003(f) and (g) (Supp.). “The party chair’s duty to determine whether an 

application for a place on the ballot complies with the statutory requirements is 

ministerial.” In re Triantaphyllis, 68 S.W.3d 861, 869 (Tex. App. —Houston [14th 

Dist.] 2002, orig. proceeding).

ANALYSIS

Under Section 141.001(a)(6) of the Election Code, a candidate for the office of 

County Commissioner for Precinct 3 must be a registered voter in that territory on the 

date of the December 9, 2019 deadline for filing his application for a place on the ballot. 

See Tex. Elec. Code Ann. §141.001(a)(6) (Supp.); In re Perez, 508 S.W.3d 500 (Tex. 

App.—El Paso 2016, orig. proceeding). Section 1.005(16) of the Election Code defines 

a “registered voter” as a person registered to vote in this state whose registration is 

effective. Tex. Elec. Code Ann. §1.005(16) (Supp.). Section 13.143(a) of the Election 

Code provides that a registration becomes effective on the 30th day after the date the 

application is submitted to the registrar. Tex. Elec. Code Ann. §13.143(a) (Supp.).

Relator presented Harris with public records showing that Raska did not give 

notice of his change of address and register to vote in Precinct 3 until December 9, 2019.

Raska’s registration did not become effective until 30 days later, January 8, 2020. See

Tex. Elec. Code Ann. §13.143(a). In In re Perez, 508 S.W.3d at 506–08, the El Paso 

Court of Appeals held, based on almost identical facts, that (1) “In the context of the 

office of El Paso County Commissioner, ‘the territory from which the office is elected’ 

necessarily refers to Precinct 3 rather than all of El Paso County” because the County 

Commissioner for Precinct 3 is elected by the qualified voters who are registered to vote 
4

in Precinct 3, and (2) “Quintanilla’s voter registration was not effective until the 30th 

day after he submitted his address change, that is, January 6, 2016.” (citing Tex. Elec. 

Code Ann. § 13.143(a)). We agree with the reasoning and the decision in the Perez

opinion.

Because the public records show that Raska was not effectively registered to vote 

in Precinct 3 on the December 9, 2019 deadline for filing his application for a place on 

the ballot, Harris has a ministerial duty to declare Raska ineligible as a candidate for the 

office of County Commissioner Precinct 3 for Grimes County, Texas.

1

CONCLUSION

For these reasons, we conditionally grant the petition for writ of mandamus, 

and direct Harris to immediately declare Raska ineligible as a candidate and to 

provide notice of such declaration to the Texas Secretary of State, the State Chair of 

the Texas Democratic Party, and the Grimes County Clerk today, January 13, 2020. 

We are certain Harris will act in accordance with this opinion. The writ of mandamus 

shall issue only if he fails to do so.

PER CURIAM

Panel consists of Justices Frost, Christopher, and Bourliot.

1 Neither Harris nor Raska have provided this court with any public records showing that Raska 

was effectively registered to vote in Precinct 3 on the December 9, 2019 deadline. This court, by e-mail, 

requested Raska to file a response to the petition by January 9, 2019, but Raska has not filed a response.