Attorneys for County Commissioner Precinct 3 candidate J.C. Perez III filed notice Monday they intend to appeal a recent ruling throwing out the results of the March 4 Primary, in which Perez was declared the winner by two votes.
Following a one-day trial, visiting District Judge Nelva Gonzales-Ramos issued a ruling April 15 finding that two voters were prevented from voting in the March 4 primary, a sufficient number to throw out the results and order a new election for June 17.
Perez had been declared the winner over incumbent Oswald Alanis in that race by two votes, but Alanis later filed suit alleging several individuals were prevented from voting for him because of clerical errors.
On Monday, Jaime Garza, the attorney representing Perez, issued notice with the district court that he intended to appeal the judge’s ruling.
Garza did not ask for a new trial in the notice, but said he was seeking the court issue a findings of fact and conclusion on the law.
The case will be heard before the Fourth Court of Appeals for the State of Texas.
Several calls to Garza requesting comment on the appeal were not returned Tuesday or Wednesday.
Perez said Wednesday he hopes to save the taxpayers the expense of a new election by appealing the ruling, and he said he believes there is no reason the original primary results should have been overthrown.
“My decision to appeal the judge’s ruling is pretty much based on my belief that the alleged voting irregularities were not proven,” Perez said. “I feel the election process was carried out in a legal and lawful manner, and no one was denied their right to vote.”
No notice of appeal was filed in a second election contest case, centering on the race for Pct. 1 Justice of the Peace by the deadline Monday.