Perez asks court to remove opponent from ballot

Aileen B. Flores, El Paso Times 9:55 p.m. MST January 5, 2016

According to Perez’s petition, Quintanilla was not a registered voter in Precinct 3 six months prior to the filing deadline as required by the Texas Election Code.


(Photo: Times file photo)

County Commissioner Vince Perez, who is running for re-election, wants to eliminate his opponent Antonio “Tony” Quintanilla from the March 1 Democratic primary ballot.

In a petition to the Eighth District Court of Appeals, Perez argues that Quintanilla does not meet the requirements to run for Precinct 3 commissioner and that El Paso Democratic Party officials failed to remove Quintanilla’s name from the ballot.

According to Perez’s petition, Quintanilla was not a registered voter in Precinct 3 six months prior to the filing deadline as required by the Texas Election Code. The petition states that Quintanilla changed his address in Central El Paso to Socorro on Dec. 7, eight days before the Dec. 14 filing deadline.

The El Paso Times tried to reach Quintanilla for comment, but his voicemail was full and did not accept any messages. His campaign treasurer, Isela Castañon-Williams, did not return a message and his attorneys, Eduardo and Veronica Lerma, could not be reached for comment Tuesday.

Quintanilla is a scientist who runs an environmental company in El Paso, according to his Facebook page.

Precinct 3 covers most of the county's Lower Valley area and the far East Side.

Perez states in the petition filed Dec. 29 that he requested that the Democratic Party declare Quintanilla’s candidacy as ineligible, but party officials determined that because Quintanilla has been a registered voter in El Paso County since 2009, he is eligible to run for office in Precinct 3.

Perez states in the petition that party officials are misreading Texas Election Code Section 141.001, which states that to be eligible to run for office a person must have lived in the state for a year and in the “territory from which the office is elected for six months” prior to the filing deadline.

Perez’s petition states that according to the Texas secretary of state’s legal director Ashley Fischer, “territory” refers to the “geographical boundaries” of Precinct 3, and not El Paso County as party officials have stated.

"We firmly believe the evidence clearly demonstrates this individual fails to meet the minimum requirements to run for office and is ineligible for the election. These election laws exist for a reason: there must be integrity in the electoral process, and since the deadline has passed for the party to take the appropriate action, we are respectfully asking the Court of Appeals to review this matter," Perez said in a written statement.

Iliana Holguin, secretary for the El Paso County Democratic Party, said that party Chairman Glen Maya does not believe “absolutely conclusive evidence” has been presented in order to remove Quintanilla’s name from the ballot.

“Removing someone from the ballot is something that is very, very serious. Texas law says that you can only do it if it’s conclusively proven that the person is ineligible. So what the chair had to do is decide if the document that was submitted conclusively proves that Mr. Quintanilla was eligible, and if there is any doubt you are supposed to err on the side of caution and let the person remain on the ballot so the public has the opportunity to decide whether or not they want to elect a particular individual,” she said.

“The Democratic Party is about inclusivity and wanting people to run for office. It’s very serious to remove someone from the ballot. Ultimately, the public is the one that should have the opportunity to decide who gets what and who does not,” she added.

Aileen B. Flores may be reached at 546-6362. aflores@elpasotimes.com. @AileenBFlores on Twitter.

http://www.elpasotimes.com/story/new...llot/78332214/