in Re Christine Hortick ( 2021 )


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  •                                  Fourth Court of Appeals
    San Antonio, Texas
    December 17, 2021
    No. 04-21-00552-CV
    IN RE Christine HORTICK,
    Relator
    Original Mandamus Proceeding 1
    ORDER
    Sitting:          Patricia O. Alvarez, Justice
    Beth Watkins, Justice
    Liza A. Rodriguez, Justice
    On December 15, 2021, Relator Christine Hortick filed an emergency petition for a writ
    of mandamus: She challenged the certification by Respondent Monica Alcantara, Bexar County
    Democratic Party Chairwoman, of the name of Shannon Roberta Salmón for the Democratic
    Primary ballot for the 225th District Court of Bexar County.
    On December 16, 2021, Hortick filed an emergency motion to stay the certification to the
    Secretary of State by Alcantara.
    The same day, we granted Hortick’s request for a stay, we ordered Alcantara to not
    certify the name of Shannon Roberta Salmón for the ballot for the 225th District Court of Bexar
    County pending further order of this court, and we ordered Alcantara to file a response.
    On December 17, 2021, Alcantara filed a response; Salmón also filed a response, which
    requested sanctions against Hortick.
    Having considered the petition, the record, Hortick’s emergency motion, and Alcantara’s
    and Salmón’s responses, we conclude Hortick is not entitled to the relief sought. Accordingly,
    we lift our December 16, 2021 stay. Hortick’s petition for writ of mandamus and Salmón’s
    request for sanctions are denied.
    Opinion to follow.
    1
    This proceeding arises out of Relator’s challenge to the certification of Shannon Roberta Salmón as a candidate for
    the 225th District Court in Bexar County, Texas. See TEX. ELECT. CODE ANN. § 273.061(a) (“[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.”).
    It is so ORDERED on December 17, 2021.
    PER CURIAM
    ATTESTED TO: _________________________
    Michael A. Cruz,
    Clerk of Court
    

Document Info

Docket Number: 04-21-00552-CV

Filed Date: 12/17/2021

Precedential Status: Precedential

Modified Date: 12/21/2021