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In Re: Sanchez

Texas Election Code '143.008 does not pre-empt home-rule cities from adopting their own filing deadlines under '143.005.

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On Petition for Writ of Mandamus

Justice Hankinson did not participate in the decision.

In this mandamus proceeding, relators seek a writ directing San Juan’s City Secretary, Vicki Ramirez, to accept their applications and place their names on the ballot for the upcoming city commission election. Ramirez refused to accept relators’ applications, claiming they were untimely. Although relators submitted their applications after the deadline in Election Code section 143.007, relators did submit them before the filing deadline San Juan’s Home Rule Charter prescribed. On April 17, 2002, we issued an order conditionally granting relief, with opinion to follow, because early voting began that day. We now hold that Texas Election Code section 143.005 permits a home-rule city to set a deadline for filing applications for municipal elections that differs from the deadline contained in Election Code section 143.007. Because relators timely submitted their applications under San Juan’s Charter, Ramirez was required to accept them and place relators’ names on the ballot.

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