In Re: Jrmar \"JJ\" Jefferson and Lamar \"Yaka\" Jefferson v. the State of Texas ( 2023 )

DISMISS and Opinion Filed June 8, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00473-CV
IN RE JRMAR “JJ” JEFFERSON
AND LAMAR “YAKA” JEFFERSON, Relators
Original Proceeding from Dallas County, Texas
MEMORANDUM OPINION
Before Justices Pedersen, III, Nowell, and Miskel
Opinion by Justice Miskel
In this original proceeding, relators seek mandamus relief to require that their
names be placed on the ballot for the May 6, 2023 election. Their petition comes too
late, however, because it was filed after the election. See In re Crenshaw, No. 05-
17-00330-CV, 2017 WL 1292013, at *1 (Tex. App—Dallas Apr. 7, 2017, orig.
proceeding) (mem. op.) (dismissing mandamus petition as moot because petition
was filed after early voting by mail had already begun); see also Bejarano v. Hunter,
899 S.W.2d 346, 352 (Tex. App.—El Paso 1995, no writ) (“Where voting has begun,
we believe the rights of the voters to an accurate, reliable ballot must override
[candidate’s] right to challenge his opponent’s insufficient application for a place on
that ballot.”).
Accordingly, we dismiss as moot relators’ petition for writ of mandamus.
Having dismissed the petition, we also deny as moot relators’ pending motions for
declaratory relief, expedited consideration, and consolidation.
230473f.p05 /Emily Miskel/
EMILY MISKEL
JUSTICE
–2–