Jan 12, 2010

Oh Crap!

Philip R. Klein's uninspired title ironically reflects the credibility of his latest article on the Southeast Texas Political Review.

After he accused Judge Lupe Flores of campaign violations based on Klein's ignorance of Texas Election Code (see article below), he's now uncovered a major scandal (said with tongue firmly in cheek) rocking the Jefferson County Courthouse (emphases are mine):
The Southeast Texas Political Review has learned this afternoon that Jefferson County District Attorney Thomas Maness has filed for an office that - according to the Texas Legislature - does not exist. Meaning - he filing illegally and should be dropped from the race effective immediately.

According to sources within the Democratic party - as well at the Jefferson County Court House, Maness filed for the position of "District Attorney." There is no office called "District Attorney" according to the State Election Commission and State of Texas Statute. The proper name for the office that Maness is running for is "Criminal District Attorney." And that designation is important according to the Texas Legislature.
Philip has again mixed fact and fiction to obfuscate the real issue, a simple procedural error. Regardless of what he wrote,  there is indeed an office in Texas called "District Attorney" according to Texas Government Code Section 43:
TITLE 2. JUDICIAL BRANCH
SUBTITLE C. PROSECUTING ATTORNEYS
CHAPTER 43. DISTRICT ATTORNEYS
SUBCHAPTER A. GENERAL PROVISIONS
Specific to Jefferson County, Section 42 outlines the position of Criminal District Attorney, which includes those duties and privileges reserved for District Attorneys:
Sec. 44.223.  JEFFERSON COUNTY.  (b)  The criminal district attorney has all the powers, duties, and privileges in Jefferson County that are conferred by law on county and district attorneys in the various counties and districts.
The filing fee for both offices are the same according to Texas Election Code Section 172.024:
FILING FEE.  (a)  The filing fee for a candidate for nomination in the general primary election is as follows:

(13)  district attorney, criminal district attorney, or county attorney performing the duties of a district attorney  - 1,250
Furthermore, Texas Election Code provides for simple procedural mistakes:
Sec. 141.032.  REVIEW OF APPLICATION; NOTICE TO CANDIDATE.  (a)  On the filing of an application for a place on the ballot, the authority with whom the application is filed shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the candidate's name to be placed on the ballot.

(b)  Except as provided by Subsection (c), the review shall be completed not later than the fifth day after the date the application is received by the authority.
(e)  If an application does not comply with the applicable requirements, the authority shall reject the application and immediately deliver to the candidate written notice of the reason for the rejection.
Since Maness filed during the first week of the filing period in December, an improper application would have been rejected before Christmas. Maness had plenty of time to correct a simple error if this were indeed critical.

Any citizen - even a shrewd political analyst (said with tongue firmly in cheek) like Philip R. Klein - can challenge Maness' application. The grievance must be filed before early voting begins:
Sec. 141.034.  LIMITATION ON CHALLENGE OF APPLICATION.  (a)  An application for a place on the ballot may not be challenged for compliance with the applicable requirements as to form, content, and procedure after the day before the beginning of early voting by personal appearance for the election for which the application is made.
Will Philip R. Klein file a grievance to back up his accusation, or is this another example of his reckless disregard for the truth?

To be revisited.

6 comments :

Anonymous said...

Go Gus, Go Gus, Go Gus, Go Gus, Go Gus

Anonymous said...

I think the better question is whether Rick Williams really filed with the GOP by the deadline . . .

Anonymous said...

Turned on Fox 4 news this morning only to be greeted by the sight of Klein spewing his lies about Ed Shettle and Tom Manness. No more advertising dollars from my companies for Fox 4. Come to think about it, no more watching Fox 4. I can't believe this station would provide him a platform to spew his venom.

Anonymous said...

Definately places a credibility question on Fox 4.

Anonymous said...

Fox 4 hasn't canned him yet? Surely they
realize the probability of litigation.

Anonymous said...

I guess not as of this morning. They sure have lost a good advertiser in me.