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Diana Davila sues over ballot rejection

There’s one of these every cycle.

Diana Davila

Diana Davila said in a lawsuit filed Wednesday in state district court that her application to run for justice of the peace Precinct 6, Place 2 in the March primary election was inappropriately rejected by the Democratic Party.

The lawsuit states that Davila had submitted a petition containing 310 signatures that would qualify her to be on the ballot, but had omitted printing the name of the person circulating the petition on one line in the petition.

The name appeared elsewhere on the page and the petition was signed and notarized.

“The only thing that’s important is that this person signed their name before a notary,” said Davila’s attorney Keith Gross.

The lawsuit states that despite that omission, Davila should be allowed to run in the primary. She would face one challenger in the primary election, Angela Rodriguez.

In a statement, the Harris County Democratic Party stated that Rodriguez filed a complaint with the party about Davila’s paperwork. The party then followed up on the complaint and rejected Davila’s application because “the challenge appeared to be well founded.”

I don’t have a dog in this fight. The reason for the rejection may seem persnickety, but ballot applications have been rejected for reasons like this before. That doesn’t mean Davila won’t prevail in her lawsuit, just that the HCDP – which consulted with the Secretary of State’s office before making their decision – had a valid reason for rejecting her filing. We’ll see what the court makes of it.

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11 Comments

  1. Manny Barrera says:

    The Democratic Party did not consult before making a decision, they asked for guidance after receiving a letter from Davila’s attorney. It was a delay tactic on the part of the person that made that decision.

    The Democratic Party has a history for rejecting people they don’t like, or rejecting in favor of one they prefer. People forget that the father of the other candidate, Armando Rodriguez the sitting JP, has a history of supporting Republican candidates, but then again so do many of the people making decisions at the Harris County Democratic headquarters do the same.

    Maybe one day they will learn to be as fair as the Harris County Republican Party. HRP allows the person that is being challenged to respond to the challenge before rejecting the applicant.

  2. Manny Barrera says:

    The link you provide is not the same as what occurred with Davila, it is apple and oranges. The Democratic Party rejected it because they could not read the signatures. It seems that one must now have legible hand writing for the Democratic Party to accept petitions. Harris County Democratic Party in my opinion is corrupt to its core.

  3. Manny Barrera says:

    If you go online (Harris County District Clerk) exhibit 4, you can find the letter that Davila received.

  4. Steve Houston says:

    Manny, it must be tough to be you these days. You constantly tell the world you are going to vote straight party D, yet here you are decrying the party as being “corrupt to its core”. Maybe you will change your stance and vote for the most qualified candidate in each race?

  5. Manny Barrera says:

    It is corrupt and I am voting straight Democrat, it may be rotten at the headquarters but a lot of good men and women.

    If you can support Trump’s party of bigots, racists, and ignorance do so, but the Republican Party does not exist anymore. A vote for a Republican is a vote for Trump and for what he stands. Some times one chooses the lesser of two evils.

    Kinda would you prefer to die quickly or tortured slowly till you die? Both are bad but one is preferable.

  6. Steve Houston says:

    Manny, neither political party has a lock on corruption and the other qualities you mention. As such, I vote for individual candidates and while that might mean voting for the lesser of two evils in many cases, I see few alternatives offered at this time.

  7. Manny Barrera says:

    Steve: It is no longer the Republican Party, the party belongs to Trump and the stink of his manure has infected the entire party, until the decent folk in what used to be the Republican Party starts standing up to Trump, they will not get my vote and my siblings have agreed to do the same.

    Go to Big Jolly and what they espoused has changed to reflect what Trump preaches. The CEO is a patriot and the people that kneel in protest are traitors. I wonder how many of those so called patriots stand at attention when watching football at home? Any person with half a brain would know that the people kneeling are not disrespecting the flag or the national anthem. How many of them wear shirts, bathing suits in the likeness of the flag? That is disrespect. The Trump Party is now a party of bigots, racists, and haters. There are exceptions, but they are too scared to speak up least they be labeled RINOs.

    https://bigjolly.com/patriotism-punished-disrespect-flag-country-honored/

    So until those exceptions get some Juevos, I will vote straight Democrat.

    https://www.urbandictionary.com/define.php?term=juevos

  8. Manny Barrera says:

    FYI, Steve, I used to be a Republican Pct. Chair, I voted for McCain, and never voted for Obama. I voted once in a Democratic Primary to vote for Steve Kirkland, and yes I know that he is Gay, I knew him from back in the 90s. I did not like the reason that he was targeted with an opponent. Trump is new level of evil that has to be fought in the booth before he destroys this country.

  9. Erik Manning says:

    How, specifically, is it “corrupt to it’s core”?

  10. Julian Deleon says:

    I doubt Diana will be successful with her complaint against the HCDP for the reasons cited.

    Diana will have a difficult time with a school board re-election attempt because her committment to HISD is now destroyed.

    This is what happens when you chase positions as oppossed to leading with integrity.

  11. Daniel S. says:

    I say let her run so she can can get beat just like her husband and other relatives. I think that family thought they could create some dynasty, but the Community rejected them one-by-one.

    Thier biggest mistake is getting into their own head (or a belly full of alcohol) and thinking they are something that is not reality.

    They don’t understand how politics.

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