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Jerry Garcia

Don’t count the other Jerry Garcia out yet

But do count his votes, because they are legally required to be countable.

Not that Jerry Garcia
(Photo by Carl Lender, CC BY 2.0.)

Reversing itself from a day earlier, the Harris County Democratic Party on Thursday said a constable candidate who was accused by another candidate with the same name of getting on the primary ballot to confuse voters and help the incumbent win, cannot withdraw from the race, after all.

Party officials on Wednesday said candidate Jerry Garcia had withdrawn from the race, but his name would remain on the ballot for the March 3 primary. Any votes cast for him, a party spokeswoman said, would not count.

The party revised its position Thursday, saying its legal counsel determined that the Texas Election Code does not allow candidates to withdraw from a general primary election “after the first day after the date of the regular filing deadline,” which was Dec. 9.

Votes for Garcia will count, though he has the option to withdraw from the race should he make the runoff. If he wins the primary outright, securing more than 50 percent of the vote, he could withdraw from the general election before August, the Democrats determined.

See here for the background. I was curious about this myself – as I said in that post, I didn’t see anything in the elections code that suggested to me that votes for him could be disregarded. And if he does somehow win and wants to withdraw again, then Section 145 of the Elections code would (I presume – remember, kids, I Am Not A Lawyer) apply, in which case there would be no Democratic nominee for Constable in Precinct 2. For those of you with long memories, this is basically the Tom DeLay 2006 situation. It could get more complicated than that, and as this is a county office and not a federal office there may be reasons to relitigate the whole matter, but we’re getting way ahead of ourselves. Let me reiterate what I said on Friday: It would be best of the Other Jerry Garcia had no effect on the outcome of this race. Those of you in Constable Precinct 2, please know who you’re voting for.

This ballot isn’t big enough for two Jerry Garcias

They will both still be on the ballot, though only one is now officially running.

Not that Jerry Garcia
(Photo by Carl Lender, CC BY 2.0.)

One of the two candidates named Jerry Garcia who filed to run for Precinct 2 constable — the one who did not appear to be actively campaigning — has withdrawn from the race, the Harris County Democratic Party said Wednesday.

A certificate of withdrawal signed by Garcia obtained by the Chronicle states that he ended his bid Monday.

His short, strange trip as a candidate is not over yet, however. He will remain on the ballot for the March 3 Democratic Party primary, though votes for him will not count, Democratic Party spokeswoman Nisha Randle said.

Garcia, who is a cousin of Democratic incumbent Constable Chris Diaz’ wife, was one two men who had filed for the seat bearing the same name as the late Grateful Dead guitarist.

The other Jerry Garcia said the turn of events is further evidence the former candidate never intended to mount a serious campaign. That Garcia, a lieutenant in a neighboring constable precinct, alleges the incumbent Diaz pushed his wife’s cousin to run solely to confuse voters, ensuring his re-election. Diaz’s wife, Ana Diaz, also is the mayor of San Jacinto City, a post her husband held from 2009 to 2011.

Lt. Garcia said the like-named candidate’s withdrawal from the race does not resolve what he sees as an unfair situation.

“They got what they wanted, which was to have two Jerry Garcias on the ballot,” he said. “We’re just trying to work hard and get the word out about it as best we can.”

[…]

Garcia the lawman will appear first on the ballot, followed by the words “Harris County lieutenant.” Garcia the cousin will appear below, with no suffix.

See here for some background, including other aspects of this race. State law says he would have had to withdraw within a day to have been removed from the ballot, a holdover from the old days when file-and-withdraw shenanigans were common. Looking at the electoral code for primaries, I’m not sure why votes for The Other Jerry Garcia won’t be counted, but I presume parties have some discretion when a candidate withdraws. The best thing that can happen is that he has no effect on the race’s outcome.

Federal lawsuit filed against Precinct 2 Constable over campaign practices

Hoo boy.

Chris Diaz

Nearly a dozen former employees and high-ranking officials are suing Precinct 2 Constable Chris Diaz, alleging that the elected Harris County lawman required deputies and command staff to help with his reelection campaign and retaliated against them with demotions and terminations if they refused.

The wide-ranging accusations in the 33-page federal suit paint a picture of a troubled office, where campaign donors were allegedly given preference in promotions, and anyone who cooperated with state investigators could expect to be punished.

“He’s just running Precinct 2 like it was his own campaign,” said attorney Scott Poerschke, who is representing the former employees. “He’s conditioning employment upon service of his campaign and any time that is challenged in any way, then those employees are retaliated against.”

Poerschke said the plaintiffs fall into two main categories: people who supported election challenger Jerry Garcia and people who helped out with a Texas Rangers probe into overtime claims and the possible misappropriation of Hurricane Harvey donations.

Neither Diaz nor his wife – Jacinto City Mayor Ana Diaz, who the plaintiffs accused of helping with her husband’s retaliation efforts – responded Tuesday to the Chronicle’s request for comment. A spokesman for the Harris County Attorney’s Office said the office was aware of and reviewing the litigation, but did not offer comment on it.

Even before the latest lawsuit, the constable was already the target of a whistleblower claim filed earlier this year in state court earlier. But last week, his reelection efforts landed in the news over a different concern, after one challenger accused him of putting up a relative of the same name – another Jerry Garcia – as a ploy to confuse voters.

See here for the “two Jerry Garcias” story, which I would have blogged about separately had it not been subsumed by this story. You can read the Chron article for details; I’m going to wait to see what happens at trial before making any firm conclusions, since I was not aware of any of this before now. On a broader level, is it maybe time to think about getting rid of the elected office of Constable all together? We have a pretty damn spotty record with Constables in Harris County, from Perry Wooten to Jack Abercia to Victor Trevino to Ron Hickman, and maybe allegedly now Chris Diaz. Someone make the case that elected Constables are still a good idea in the 21st century, as opposed to just absorbing the office into the Sheriff’s department. I’m going to need to hear it, because I’m not sure I see it. Campos has more.