COLDSPRING — The lawsuit contesting the primary election results between San Jacinto County Sheriff Greg Capers and Constable Sam Houston will go to trial — most likely on the day that early voting begins in the state.
On Sept. 17, District Judge John Wells denied a motion for summary judgment, which requests a judge render a verdict without a full trial. The motion was by submission, meaning the attorneys were not present for the decision.
The ruling meant that a trial set for Sept. 25-26 would have commenced; however, both attorneys in the case — John Raley for Houston and Andy Taylor for Capers — have requested the case be moved to Oct. 21 before Judge Albert McCaig.
According to the Texas Secretary of State’s website, Oct. 21 is the first day for in-person absentee voting,
Capers filed a suit in May contesting the results of the March primary 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.
