IN THE DISTRICT COlJRT OI? EL PASO COUNTY, TEXAS JUDICIAL DISTRICT

Transcription

1 El Paso County - 41st District Court Filed 3/14/2018 6:21 PM Norma Favela Barceleau District Clerk El Paso County IN THE DISTRICT COlJRT OI? EL PASO COUNTY, TEXAS 2018DCV0981 JUDICIAL DISTRICT JOHN CAIUULLO, NORMA ClIAVEZ AND ENRIQUE GARCIA Petitioners, CAUSE NO. ~ v. VERONICA ESCOBAR AND LISA WISE Respondents ORIGINAL PETITION INITIATING ELECTION CONTEST, REQUEST FOR DISCLOSURE, REQUEST FOR PRODUCTION, MOTION TO MOI>IFY STANDARD IlISCOVERY PROCEDURES, MOTION FOR 30-DAY CONTINUANCE OF TRIAL, MOTION TO INSPECT ELECTION RECORDS Olr DEMOCRATIC 1)ARTY OF TI~XAS, MOTION TO INSPECT ELECTION RECORDS FOR EL PASO COUNTY, REQUEST FOR EXPEDITED HEAIUNG ON PENDING MOTIONS, AND REQUEST FOR INJUNCTIVE RELIEF REGARDING DUE PROCESS CLAIM Petitioners John Carrillo, Norma Chavez, and Enrique Garcia, initiating an election contest under the Texas Election and asserting a related due process claim under the Texas Constitution against Respondents Veronica Escobar and Lisa Wise, respectfully shows: ELECTION CONTEST 1. This original petition initiating an election contest is led pursuant to Section and ofthe Election Code. 2. Under Section (a) of the Election Code, the EI Paso County District Clerk must "promptly deliver written notice of the filing to the presiding offir.er of the final canvassing authority for the contested election." As required by Section ( d), Petitioners provide the following name and address of the person to whom that notice must be delivered: Tlliana Noerni Holguin, 1401 Montana Avenue, Suite E, EI Paso, Texas As required by Section (d) of the Election Code, Petitioners delivered a copy of

2 this original petition to the Texas Secretary of State on or before the filing deadline. 4. In the Democratic Party of Texas primary election held March 6, 2018, John Carrillo, Norma Chavez, and Enrique Garcia and Veronica Escobar sought their party's nomination for the office of U.S. Congressional Representative for District The unofficial final election results of thc Democratic primary election issued by the Democratic Party of Texas issued on March 6, 2018, states that Veronica Escobar received more votes than John Carrillo, Norma Chavez, and Enrique Garcia cumbined and therefore Veronica Escobar is currently the party's nominee for the relevant office in the November 2018 general election. 6. John Carrillo, Norma Chavez, and Enrique Garcia assert that the outcome of the contested election, as shown by the unofficial final election results, is not the true outcome, See Section 22J. 003 (aj, Election Code. 7..lohn Canillo, Norma Chavez, and Enrique Garcia generally contend that an elcction officcr or other person(s) officially involved in the administration of the election, including Lisa Wise, engaged in fraud or illegal conduct as defined by Section (a)(2)(c) ofthe Election Code, to wit, tampering with the initial programming of some of the hard drives before the election began and distributing those hard drives to the high producing voting locations to extract votes from Petitioners for the benefit of Veronica Escobar. 8. Enrique Garcia officially requested an external independent audit on December 7, 2017, from the El Paso Elections Department to ensure accuracy ofthe equipment and election process prior to the primary election, but the request was denied on December 11, (attached as Exhibit A) 9. Petitioners reserve the right to timely amend this original petition if additional evidence concerning the counting of votes, fraud, illegal conduct, or mistakes related to the contested election is discovered. DISCOVERY REQUESTS ]O. Pursuant to Texas Rule of Civil Procedure 194, Petitioners request that Respondents, within nine days ofthe service ofthis document, disclose and serve by hand-delivery the information and

3 material described in Rule] ] 1. Pursuant to Texas H.ule of Civil Procedure 196, Petitioners request that Respondents prodllce for inspection and copying: (a) all documents that establish or otherwise support the claim that the outcome of the contested election, as shown by the final canvass, is the true outcome; (b) all documents that establish or otherwise support the claim that the outcome of the contested election, as shown by the final canvas, is not the true outcome; and (c) all documents that discuss, concem, or otherwise relate to whether the outcome of the contested election, as shown by the final canvass, is or is not the true outcome. 12. Petitioners request that Respondents produce the documents described in paragraph 13 at the fqllowing date, time, and place: nine days after the service of this document; 10:00 a.m.; business office of Enrique Garcia. MOTION TO MODIFY.STANDARDDISCOVERY PROCEDURES 13. Pursuant to Texas Rule ofcivil Procedure 191.1, Petitioners request that the Court sign an order shortening the time allowed for Respondents to comply with the discovery requests set forth above. ]4. Petitioners further request that the Court sign an order requiring that Respondents' response to the request for disclosure be hand-delivered. 15. The foregoing modifications to standard discovery procedures are necessary because ofthe accelerated procedures that apply to this primary election contest. For example, the trial would be over before the disclosures and documents were due ifthe standard discovery deadlines remain applicable. The foregoing reasons constitute good cause for the requested relief. MOTION FOR 10-DA Y CONTINUANCE OF TRIAL ]6. Under Section of Election Code, accelerated procedures apply to the trial of this primary election contest.

4 17. Section (b) - (e) of the Election Code provides: (b) When the contestant's petition is tiled, the district clerk shall immediately notify the district judge of the filing. (c) A contestee must file an answer to the contestant's petition not later than 10 a.m. of the njth day after the date ofservice ofcitation on the contestee. The citation issued for the contestee must command the contestee to answer by the specified deadline and must direct the officer receiving the citation to return it unserved if it is not served within 10 days after the date of issuance. (J) Ailer the clerk receives the officer's return showing service of citation, the clerk shall promptly notify the district judge of that fact. The judge shall set the contest for trial for a date not later than the fifth day after the date by which the contestee must answer. (e) The district judge may not grant a continuance in the trial except: (1) one time for a period not exceeding 10 days for good cause supported by the affidavit of a party; or (2) with the consent of the parties. (emphasis added) \ 18. Pursuant to Section { e) of the Election Code, Petitioners request that the Court sign an order granting them a 10-day continuance ofthe trial. 19. Petitioners need the requested 1 O-day period ( and more) to inspect election recurus held by the Democratic Pruty oftexas and EI Paso County, conduct a forensic analysis u11 the computers and hard drives used in the election, review the disclosures ruld documents provided by Respondents in response to Petitioners discovery requests, and prepare and serve numerous trial subpoenas, and to otherwise properly prepare for trial. The foregoing reasons constitute good cause for the requested relief. 20. This motion for continuance is supported by the affidavit ofenrique Garcia attached to this document as Exhibit B. MOTION TO INSPECT ELECTION RECORDS OF DEMOCRATIC PARTY OF TEXAS 21. Petitioners request that the Court sign an order allowing Petitioners and/or their attorney(s) of record to review the following election records and other documents in the possession, custody, or control ofthe Democratic Party oftexas: (a) the unofficial final election results issued March 6, 2018, and all supporting and related documents;

5 (b) any amended " unohicial final ejection results,l/ and all support and related documents; (c) any local canvasses that were reported after the unofficial final election results issued March 6, 2018 was completed, and all supporting and related documents; (d) all documents that establish or otherwise SUppOlt the claim that the outcome of the contested election, as shown by the unofficial final election results, is the true outcome; (e) all documents that establish or otherwise support the claim that outcome of the contested election, as shown by the unoflicial final election results, is not the true outcome; and (f) all documents that discuss, concern, or otherwise relate to whether the outcome of the contested election, as shown by the unofficial final election results, is or is not the true outcome. MOTION TO INSPECT ELECTION RECORDS OF EL PASO COUNTY 22. Petitioners desires to perform a partial pretrial audit of the election records, disk drives and computers used in the election process (including "secured" items) in the possession, custody, or control of the E1 Paso County Elections Administrator which relate to contested election. 23. Petitioners desire access to all election records related to absentee voting and the central counting station. 24. Petitioners further desires access to all election records related to ten percent of the early voting by personal appearance and ten percent of the election day polling places. 25. Section of the Texas Election Code provides: A tribunal hearing an election contest may cause secured ballot boxes, voting machines, or other equipment used in the election to be unsecured to determine the correct vote count or any other fact that the tribunal considers pertinent to a fair and just disposition of the contest.?ii. Petitioners mcj1lf.st that the Comt sign ell1 order allowing Petitioners, their atlorney(s), and/or their designated expert(s) to access, under the direct supervision of the EI Paso County Elections Administrator and/or her agent(s), the foregoing election records.

6 27. Petitioners further request that the Court sign an order allowing Petitioners, their attorney(s), and/or their designated expert(s) to review the following election records, computer and hard drives used in the election process, and other documents in the possession, custody, or control of the EJ Paso County Elections Administrator: (a) the unofficial final election results, and all supporting and related documents; (b) any amended It unofficial final election results,1t and all supporting and related documents; (c) all documents that establish or otherwise support the elaim that the vote totals of the contested election in EI Paso County, as shown by the unofficial final election results, are correct; (d) all documents that establish or otherwise support the claim that the vote totals of the contested election in El Paso County, as shown by the unohicial final election results, are not correct; and (e) all documents that discuss, concern, or otherwise relate to whether the vote totals of the contested elect in EI Paso County, as shown by the unofficial final election results, are or are not correct. REQUEST FOR EXPEDITED HEARING ON PENDING MOTIONS 28. An expedited hearing on the foregoing motions is necessary because of the accelerated procedures that apply to this primary election contest. 29. Petitioners requests that the Court set a hearing on the motions contained in this document at the earhest possible time. REQUEST FOR INJUNCTIIVE RELIEF REGARDING DUE PROCESS CLAIM 30. The accelerated procedures required by the Election Code, as applied to this primary election contest, violate Artic1e I, Section 13 and 19 ofthe Texas Constitution. 31. The accelerated procedures are manifestly inadequate to allow discovcry of mistakes or fraud affecting the true outcome of the contested election. Under the accelerated procedures, only the most open and obvious mistakes and/or fralld l'lre rliscovemhle. 32. Petitioners requests that the Court enjoin the application of any Election Code provision that, as applied to this primary election contest, violates the Texas Constitution. 33. Petitioners request that the Court enjoin the certification ofthe final canvass, until the true

7 outcome of the contested election is declared by said Court after Petitioners have had an opportul1ity to inspect the election records ofthis contested election. CONDITIONS PRECEDENT 33. All conditions precedent have been performed or have occurred. REQUEST FOR RBLIEl: 34. ]3al)ed on the foregoing, Petitioners request that the Court ascertain the true outcome ofthe contested election and declare the outcome or, the alternative, declare the contested election void and order a new election. 35. Petitioners also seeks costs of suit and all other relief: in law and in equity, to which we may be entitled. lsi Norma Chavez Norma Chavez, Pro Se

8 EXHIBIT A

9 .->,< FOR CONGRESS ---- NEW -fit." N W VISION El1rique Garcia /01' Congress Committee 3204 MOI1tl:lIHi Averiue 1:'.:1 Paso. TexHs RIi:: R()qu~f,C for Extcrn~\llndcp~ndont Audit of Vot'ing P"(H~CSS I Equipment for upcoming Primary ElecHoll 2018 Dear Sir or Madam: We are formally requesting that an External Independent Audit of EI Paso's voting process and equipment be conducted PRIOR to the 2018 Primary Election. As you are aware, the El Paso County Eleotions {Jcpartment Is rosponslble f'or conducting lllll'odcml, mme, and COUll1Y elemlodl:l. Due to the fuel that Russia meclclled into our Presiderl.tial ejection process.last year and since one of tl1e Congl'essi.onal CandIdates was previously in charge ot the I~,I PflSO (~oljnty hlee/jom; f)epflltm~nt, we are irtl11<ing this llllil1td J ~4 ut:~llu t:11:;u!t: tlmt (lit: vutijlg jjiu(;t:&s is fall and ttc(,urat6 f01' all (,andidatos. \Vc would also Ii kc to eliminate any doubts as to the legitimacy of Ollr election process to make sure that everyone's vote is accounted for with the highest level of professional ism, accuracy, efficiency and integrity. Sincerely, RECEIVED DEC Y',":) {!> ;fot~.r~~ I

10 EXHIBITB

11 STATE OF TEXAS EL PASO COUNTY AFFIDAVIT OF ENRIQUE GARCIA, I>ETITIONER, IN SUI>I>ORT OF MOTION FOR lo-day CONTINUANCE Ol? TRIAL Belore me the, undersigned notary, on this day personally appear Enrique Garcia, a person whose identity is known to me. After I administered an oath to him, upon his oath he stated: ]. limy name is Enrique Garcia. I am over 18 years of age, of sound mind, and capable of making this affidavit. The facts in this affidavit are within my personal knowledge and are true and correct. 2. I have been licensed to practice law in Texas since J have been a practicing attorney since I am currently in private practice in El Paso, Texas. 3. J need the requested 10 day period (and more) to inspect election records held by the Democratic Party of Texas and EI Paso County, audit hard drives and computers used in the ejection, review the disclosures and documents provided by Respondents in response to my discovery requests, prepare and serve numerous trial subpoenas, and to otherwise properly prepare for the trial. 4. In my opinion, the foregoing reasons constitute good cause for granting the requested 10 day continuance." Sworn to and subscribed before me by Enrique Garcia on March 13, CAflLOS E. RUVALCABA TREJO Public, State of Texas Comrr1. < ~..::::.---- otary Public in and for the State oftexas My commission expires: 09105/21