In a landmark decision, a Bexar County visiting judge has ordered a new election for the 180th District Court seat in Harris County, Texas. This ruling comes after Republican candidate Tami Pierce narrowly lost to Democrat DaSean Jones by a mere 449 votes in the November 2022 election.
DaSean Jones, who was sworn in as a Harris County criminal district court judge 15 months ago and has since presided over hundreds of cases, now faces uncertainty about his 2022 election victory.
Republican Tami Pierce continues to contest the election results in court, asserting that “improper or illegal votes were counted” and that the election was “riddled with errors.”
The legal scrutiny of the 180th District Court race has revealed troubling discrepancies. The court found that 1,430 illegal votes were cast, making it impossible to ascertain the true winner of the election. Furthermore, an additional 321 votes were incorrectly tallied due to an extended voting hour, a mishap attributed to an official error by the Harris County Elections Administration Office.
The court also awarded Pierce $65,265 for attorney fees and $752 for costs associated with defending against what was deemed a frivolous motion to dismiss her challenge, filed by Jones in early 2023.
BREAKING – RIGGED ELECTION? A judge has just ordered a new election for the 180th District Court seat in Harris County, Texas, following Tami Pierce’s challenge to her 449-vote loss to Dasean Jones in the November 2022 election. The decision comes after allegations that 1,430… pic.twitter.com/oW3bpGGJTg
— Simon Ateba (@simonateba) May 15, 2024
The Texan reported:
Pierce was one of 21 Republicans who filed legal election contests, but her case was delayed after Jones’ attorney Oliver Brown filed an anti-Strategic Lawsuit Against Public Participation (SLAPP) motion to dismiss.
While anti-SLAPP motions are typically used in free speech cases, Jones argued that the election contest infringed on his constitutional right to participate in government. In February 2023, visiting Judge David Peeples denied the motion, calling it “frivolous and solely intended to delay.”
Jones’ attorney “Downtown” Oliver Brown then filed an appeal with the Texas 1st Court of Appeals. A three-judge panel did not take up his appeal in November 2023 and earlier this year issued an opinion agreeing that the motion was frivolous. Administrative issues further delayed the trial until last month when Peeples heard testimony on April 1 and 2, 2024.
Of the 21 who originally filed election contests, four dropped their claims after discovery. Peeples granted summary judgment dismissing the claims of 15 others.
“Voluminous, detailed evidence compiled by witness Steve Carlin and dozens of other volunteers revealed many problems with the Harris County’s troubled November 2022 election,” said Pierce’s attorney, Paul Simpson.
“The court also ordered that opponent DaSean Jones owes Ms. Pierce over $65,000 in attorney’s fees due to his frivolous actions that have so long delayed this case. We hope judge Jones will not further delay justice by appealing but, instead, face Harris County voters in a new election when ordered by the court,” he added.
An appeal is likely to be filed by Jones’ attorney.
Read the court ruling below via The Texan: