Texas Congressman Files Appeal on Loss (Rodriquez)

[Rose Siding]

SAN ANTONIO - Rep. Ciro Rodriguez (news, bio, voting record), who has alleged voting fraud during the Democratic primary he lost in March, is making a last-ditch effort to reclaim his seat.


Rodriguez plans to file a petition with the Texas Supreme Court on Monday appealing a recent ruling that let stand the 58-vote lead held by his opponent, Henry Cuellar.


"We recognize that it's a longshot, but we're optimistic," he told the San Antonio Express-News for Saturday's editions.


Rodriguez, a seven-year incumbent from San Antonio, led by 145 votes on primary election night. But Cuellar took the lead in a recount after more than 200 previously untallied ballots were discovered in Webb County, where he lives, and neighboring Zapata County.

http://story.news.yahoo.com/news?tmpl=story2&u=/ap/20040724/ap_on_re_us/recount_lawsuit

[mom cat]

1. They must have stumbled on to the missing votes while looking for

1. Weapons of mass destruction
2. Dimson's pay stubs
3. Compassionate conservatives
4. A legitimate reason for destroying Iraq
5. All of the above

:evilgrin:

[Rose Siding]

2. You never know what you'll find

in a bank run by a republican fundraiser.

http://www.hillnews.com/news/040704/cuellar.aspx

Cuellar is a Perry pal:

snip>
A couple of years ago, Cuellar was unpopular among many Democratic constituencies because his most recent post had been the secretary of state job handed to him by Republican Gov. Rick Perry, who was deftly working to woo Hispanic voters away from the Democratic Party.

But Rodriguez stuck his neck out to solicit Democratic backing for Cuellar's challenge against Republican Rep. Henry Bonilla. Never mind that Bonilla, as a member of the House Appropriations Committee, held sway over funding legislation that was dear to Rodriguez's heart. Ever the party loyalist, Rodriguez jumped into the fray with both feet.
Cuellar lost that race, but redistricting gave him a new opportunity by extending Rodriguez's San Antonio-based district into Laredo.

Cuellar had no trouble overlooking Rodriguez's selfless support two years earlier. He decided to challenge his unprepared former friend.

http://www.mysanantonio.com/opinion/columnists/bdavidson/stories/MYSA071804.2H.davidson.107777fa.html

[mom cat]

3. I see that Texas politics has not changed much. Has there been any

investigation into the discovery of the sudden discovery of the previously untallied ballots that were found? What is the story on this? Or does anyone know yet?

[Rose Siding]

4. Who in TX would investigate?

I don't know what all the dems have done, but Rodriguez has seen defeats in a couple of courts over it so far.

I'm not in TX. My preference is based on Rodriguez being one of the TX Dee's that made like outlaws last year in the redistricting fight. When someone is courageous enough to risk their reputation like that, you'd think the dem primary would have been in the bag.

That and Cuellar's appt by Perry cast too many repub shadows. I'm just glad to hear Rodriguez has another shot left- I thought after the last appeal, he'd decided to give it up. One more chance...

[salonghorn70]

5. Not Exactly One More Chance

The appeal to the Texas Supreme Court would be a prerequisite to appealing to federal court. He must exhaust all state remedies. Consequently, if turned down by the Texas Supreme Court, then he could file a federal case.

It is just a bad thing all around. Cuellar is very popular among Democrats in Laredo. Rodriguez is from San Antonio. This is bad for San Antonio because we effectively lose a Congress Critter.

[NewJerseyDem]

6. I think it is over

Rodriguez is certain a good congressman and I wish that he had won the primary but it appers that he has lost, whether legally or illegally. He has already said that he will run against Cuellar in 2006 and I think that it is time for him to get focused on that race. He is never going to win this appeal and I worry that it could hurt him in his 2006 race.

[salonghorn70]

7. I Agree

I don't think that he will win an appeal either. In 2006 it will again come down to Laredo vs. San Antonio. I haven't read any stats about turnout in San Antonio. Laredo turned out pretty well for Cuellar.

[w4rma]

8. Cuellar seems sleezy to me, so I hope Rodriguez wins. (nt)

[Rose Siding]

9. The Post picked up the story

Recount May Be Headed to Tex. Supreme Court

snip>
Rodriguez first sued in early April, alleging irregularities in the "casting, counting and recounting" of ballots. He amended the suit later that month, saying that some voters did not live in the district, whereas others gave false information to cast ballots.

Cuellar challenged the amended lawsuit, saying it raised new claims after the filing deadline.

A state district judge agreed. But a three-judge panel of the 4th Court of Appeals ruled 2 to 1 that Rodriguez had the right to question the legality of the votes.

The recent 5 to 2 vote by the full appeals court came along party lines, with the Republican majority saying that Rodriguez was trying to bring a different allegation to trial.

Rodriguez's petition says the appeals court violated civil procedure by requiring him to plead facts rather than broader causes of action, allowing the election to be settled on technicalities.

http://www.washingtonpost.com/wp-dyn/articles/A12134-2004Jul24.html?nav=rss_politics

Looks like the repubs are hoping Cuellar hangs onto it.