By Tony Farkas
[email protected]
COLDSPRING — While a trial regarding a lawsuit filed in May by Sheriff Greg Capers over the primary election results has been set for trial Sept. 25-27, a motion hearing set for Monday could end the contest.
A motion for summary judgment, which requests a judge render a verdict without a full trial, has been filed by the attorney for Sam Houston, and a hearing has been set for Monday.
Capers filed a suit contesting the results of the election, claiming that more than 200 votes were cast improperly because there were 503 people illegally registered to vote. At that time, Capers had lost his bid for the Republican nomination, garnering 2,887 votes to Houston’s 2,994.
The result essentially gave Houston the position, as there are no Democrat candidates.
However, the suit claims 255 voters were registered improperly, and another 218 were not county residents. It also contends 30 felons voted.
The suit seeks to have the results of the election voided, and either name Capers the winner or a new election should be ordered.
The motion for summary judgment, filed by Houston’s attorney John Raley, states Capers’ suit was not filed by the proper deadline. It also includes statements from former Elections Administrator Vicki Shelly that gives the results of a recount that was requested by Capers, and that all records pertaining to the May primary election have been kept and made available according to state law.
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