By Tony Farkas
[email protected]
COLDSPRING — San Jacinto County Sheriff Greg Capers has filed suit against Sheriff-elect Sam Houston over the results of the March 5 primary, claiming more than 200 votes were cast improperly.
Capers said on Friday that there were 503 people illegally registered to vote in the county. He also said that based on the advice of his attorney, Andy Taylor of Brenham, that the lawsuit that was filed in 411th District Court was his only statement on the matter.
He did say that according to Taylor, the suit, which was filed May 20, was just in the specified time period set to contest elections.
Capers lost his bid for the Republican nomination, garnering 2,887 votes to Houston’s 2,994.
According to the suit, the margin of defeat was a mere 107 votes, and those votes, and others possibly, were improperly counted.
The suit states the voters were not entitled to cast ballots because either the voters did not register by the Feb. 5 cutoff date or were not residents of San Jacinto County.
Additionally, the suit claims that eligible votes were not counted and that election officers or others in the election administration either prevented eligible voters from voting, failed to count legal votes or engaged in fraud, illegal conduct or made a mistake.
The suit claims 255 voters were registered improperly, and another 218 were not county residents. It also contends 30 felons voted.
Capers seeks to have the results of the election voided, and either name Capers the winner or a new election ordered.
Houston, through his attorney John Wesley Raley of Houston, filed a response denying the claims made by Capers. His response also states that Texas Election Code requires election contests be filed within 15 days after the votes are canvassed, which should have been done by March 29 — 52 days too late.
It also states that a recount was requested by Capers on March 15, which was done by hand and confirmed the original results.
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