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McDuffee v. Miller

This election contest presents an appeal by eight of the 10 voters whose ballots were disallowed in the May 8 election for directors of The Woodlands Road Utility District No. 1 (RUD). The appellants contend that prior to the election, the voters casting the 10 disallowed votes moved from their prior residences within Montgomery County to a Marriott Residence Inn and established residence there. Clear and convincing evidence supports the trial court's ruling that the voters casting the 10 disallowed votes had not established residence in the RUD. Accordingly, the trial court's judgment that 10 of the votes were not valid is affirmed. Beaumont Court of Appeals, No. 09-10-00293-CV, 10-28-2010

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OPINION

This election contest presents an appeal by eight of the ten voters whose ballots were disallowed in the May 8, 2010, election for directors of The Woodlands Road Utility District No. 1 (―RUD‖). The appellants contend that prior to the election, the voters casting the ten disallowed votes moved from their prior residences within Montgomery County to 9333 Six Pines Drive, a Marriott Residence Inn, and established residence there. Following the trial of the election contest, the trial court found that ten of the votes were ―not valid.‖ We conclude that the trial court was presented with a fact issue concerning whether the voters casting the ten disallowed votes had established residence in the RUD, and that clear and convincing evidence supports the trial court’s ruling that they had not done so. Accordingly, we affirm the judgment.

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