It Wouldn’t Be A Dem Primary Without A Filing Controversy

If you haven’t heard, an incumbent Democratic Criminal District Judge incorrectly filed for re-election and had his candidacy rejected by the Harris County Democratic Party, as reported by Miya Shay at ABC13. Judge George Powell of the 351st District Court filed for re-election as the deadline neared on December 9 and paid the wrong filing fee. Once his paperwork was checked, and the check was short, he was rejected.

Any candidate (and especially incumbent) should know to read the rules for filing for office. You learn this in a Candidate 101 class given by any friendly consultant or blogger. Or, at least on the Texas Secretary of State’s website.

The rules are simple. Those filing for Criminal District Judge should file with the County Chair. The candidate has the option of collecting 750 signatures in lieu of the filing fee, or collecting 250 signatures and paying a $2500 filing fee (in large counties, including Harris) as is stated in Sections 172.024(10), (12), of the Texas Election Code.

Powell is stating that he was told it was $1500 by someone at the Party. But this isn’t his first rodeo and the rules have not changed. Also, the Harris County Democratic Party isn’t a grocery store with a checkout counter. They collect the paperwork and the decision is made by the County Chair. And, finally, the SOS Candidate Handbook states all of this stuff quite specifically.

[There’s a reason I tell candidates to file early, and not at the last minute. Just in case.]

There’s no telling what will be decided. A temporary restraining order was granted by a judge and a hearing will be held in early January. My experience in this (having worked on a campaign which challenged sloppy signatures, yet still approved by the County Chair at the time), is that judges aren’t too keen on even deciding these cases, or deciding against a party’s decision. But we have a whole different crop of judges, now. So, ay veremos.

The bigger question is:  Can a judge who interprets the law be taken seriously when he doesn’t read the laws pertaining to his own candidacy?

Anyway, thankfully, a well-qualified attorney had filed to challenge the incumbent. Natalia Cornelio did follow the rules and made it on to the ballot and is currently the only candidate running for the 351st. She champions fairness, civil rights, and criminal justice reform. We need more of that in our courts.