Four Black Leaders Are Strongly Encouraging the Black Community to Stay Woke During this Trying Time in American History
AUBREY R. TAYLOR REPORTS©
Will the Harris County Democratic Party Chairman, Lillie Schechter be allowed to re-write history by disqualifying Atttorney Brittanye Morris after she's already guaranteed a spot in the annals of American history? Will the alleged "PHANTOM CANDIDATE" who mysteriously made her way onto the Harris County Democratic Party primary ballot race for (HD-142) ever be found? Community Activist Gerry Wayne Monroe is pictured above with Harris County District Attorney Kim Ogg who garnered 148,571 votes, for 54.54% of the vote against three Democratic challengers with his support back on Tuesday, March 3, 2020, in the Democratic primary. To win re-election, Ogg will now have to faceoff against Mary Nan Huffman, the Republican nominee who beat back two opponents by gaining 105,574 votes, for 63.55% of the vote back on Tuesday, March 3, 2020, in the Republican primary. In case you haven't heard, Gerry Wayne Monroe, Carol Mims Galloway, Arthur J. Smith, and former Harris County Democratic Party Primary Director, Sharon Laverne Fuller are all pretty upset at how Harris County Democratic Party Chairman, Lillie Schechter is handling the fiasco centered around what appears to be a "PHANTOM CANDIDATE" by the name of Natasha Ruiz who nobody seems to be able to locate. The foursome also echoed collective disdain for how Schechter is handling Attorney Brittanye Morris, an African American female, who recently defeated Judge Daryl Moore, a highly-respected white "Democratic Judge" to capture his bench. Because no Republican chose to challenge Judge Daryl Moore, for the 333rd Civil District Court bench, by beating him back on Tuesday, March 3, 2020, Attorney Brittanye Morris will, in essence, become one of the youngest duly-elected judges in the United States of America in January of 2021 -- that is, unless Harris County Democratic Party Chair Lillie Schechter disqualifies her.
AUBREY R. TAYLOR COMMUNICATIONS
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Tension is Starting to Build as Black Leaders are Beginning to Speak Out Against Recent HCDP Party Actions...
AUBREY R. TAYLOR REPORTS©
Make no mistake about it, the Harris County Democratic Party (HCDP) could have a “MINI CIVIL WAR” on their hands by the time Tuesday, November 3, 2020 rolls around if they aren’t careful. In my opinion, the HCDP must find a way to address several pressing issues they’re facing, and not through the courts – either. A real ole’ fashioned “COME TO JESUS” meeting is needed before things get any uglier than they already are. Threats of boycotting some Democrats on Tuesday, November 3, 2020, in the general election, are already beginning to reverberate throughout key Democratic strongholds in Harris County, Texas. And as America deals with the seriousness of this darn coronavirus (COVID-19) pandemic, outrage within some segments of the Black community is starting to swell as it relates to two recent Democratic Party primary races. And while all of this is happening, the Harris County Democratic Party and some of our “SO-CALLED BLACK ELECTED OFFICIALS” appear to just pretty much be sitting silent – like the cat’s got their tongue or something. Are they blind? Can’t they see what’s going on? Do they even have ears? Can't they hear the rumbling of the train coming down the tracks? Don't they know that there's a train wreck about to happen in Harris County if things don't change? Or could it be that they are complicit in all of this somehow? Whatever the case, the time for sitting back and just allowing people to spit in our face and tell us it’s drizzling outside is over. Now, I’m not talking about our members of the judiciary – they can’t speak out publicly on this sort of crap; but our other Black elected officials and community stakeholders can. So why are they not saying anything? Are they scared? Chicken? Spineless? I just don’t know. Your guess is as good as mine. For the life of me, I can’t understand why in the hell we keep re-electing some of the members of “THE OLD GUARD” to represent “OUR COMMUNITY" over and over again – like they’ve earned some sort of rights of passage or something. Come on guys -- ENOUGH IS ENOUGH!!! We need some NEW-BLOOD!!! We must, and I repeat, we MUST start electing duly-qualified people who truly have “BACKBONE” and a heart for us and our community into positions of authority….but I digress. Hey, thank God we do have a few brave folks who aren’t afraid to demand answers. But the answers just aren’t coming at a fast enough pace. So these brave souls, out of frustration are beginning to verbalize their thoughts via social-media posts to anyone who will listen – which isn’t a good thing for the Democratic Party as a whole. In my opinion, this is a fight that should be handled in-house as a family, in close quarters – not for the whole world to see. But anyway, as I said, Democrats in Harris County, Texas had better get a handle on their party before they self-destruct.
AUBREY R. TAYLOR COMMUNICATIONS
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The honorable Carol Mims Galloway is pictured above with Larry McKinzie, another strong voice in the Black community. Mims Galloway, a career educator, and well-known Black politician threw her support behind McKinzie in his bid to become President of the Houston Federation of Teachers recently.
CAROL MIMS GALLOWAY IS HIGHLY UPSET AT WHAT SHE SEES GOING DOWN AT THE HARRIS COUNTY DEMOCRATIC PARTY
AUBREY R. TAYLOR REPORTS©
Carol Mims Galloway in a recent Facebook post stepped forward to implore Harris County Democratic Party Chair, Lillie Schechter to stop her attack on Attorney Brittanye Morris, the young African American female “JUDICIAL CANDIDATE” who recently defeated, Judge Daryl Moore, in the Democratic Party primary race for Judge, 333rd Civil District Court back on Tuesday, March 3, 2020. Mims Galloway has also stepped forward to implore Schechter to look into what she (Carol Mims Galloway) is calling, “CROOKED MESS” centered around what some believe is a “PHANTOM CANDIDATE” who somehow was able to make her way onto the Democratic Party primary ballot in the race for State Representative for House District 142, back on Tuesday, March 3, 2020. She’s also asking Democratic Party Chairman Lillie Schechter to cooperate with District Attorney Kim Ogg (also a Democrat) in investigating what happened in the State Representative for District 142, Democratic primary race between, State Rep. Harold V. Dutton, Jerry Davis, Richard Bonton, and a person by the name of Natasha Ruiz – who nobody seems to be able to locate, or even confirm is a real person. And Carol Mims Galloway isn’t alone in her sentiment that something sinister just happened in the Harris County Democratic Party primary race for State Rep. House District 142. "We have never seen them, we never talked to them, they never showed up, they never had a sign. They don't seem to be a real person," said State Rep. Harold Dutton, as he referred to the “PHANTOM CANDIDATE” who mysteriously appeared on the ballot in the race for HD-142. However, the second-place finisher, Jerry Davis took a much different approach on the matter, "I ran my race, I saw her name, Ms. Natasha Ruiz," said Jerry Davis in a recently published report on the matter. Davis went on to say, "I have not had an opportunity to meet her or see her at any of the events. No signs in the yard, nothing," he went on to explain. So, to this end, I can’t say that I disagree with Carrol Mims Galloway. If anything, shouldn’t Lillie Schechter and the Harris County Democratic Party be a lot more concerned about making sure that the integrity of their elections process is free of corruption? After all, since African American women are the backbone of the Democratic Party, shouldn’t Democrats be embracing Attorney Brittanye Morris for her major accomplishment? Does Lillie Schechter and the “SO-CALLED THIRD PARTY” that's challenging her eligibility understand that this young African American female nominee is on the cusp of making history by becoming one of (if not the youngest) sitting judges in the United States of America? After all, the fight between Judge Daryl Moore and Attorney Brittanye Morris was settled back on Tuesday, March 3, 2020, when Attorney Brittanye Morris soundly defeated him fair and square at the ballot box? Sure, she’s young. But according to the current rules, Attorney Brittanye Morris is just as qualified as anyone else to serve as a judge in the state of Texas. She’s not my client, but in the spirit of fairness, she put her name on the ballot, won her race, and must now be given a shot to sit on the bench in my opinion. If she screws up, then that should be a matter for the Texas Commission on Judicial Conduct to handle – not the Harris County Democratic Party – THE PEOPLE HAVE SPOKEN already on this matter in my opinion.
AUBREY R. TAYLOR COMMUNICATIONS
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Sharon Laverne Fuller knows the inner-workings of the Harris County Democratic Party very well. Before she resigned, she served as the Primary Director for the party.
SHARON LAVERNE FULLER CLAIMS THAT THE BLACK COMMUNITY CANNOT TRUST HCDP CHAIRMAN LILLIE SCHECHTER
AUBREY R. TAYLOR REPORTS©
Sharon Laverne Fuller is livid and very upset about what she sees happening in the party she loves. In her own words, she says, “Lillie Schechter CANNOT and MUST NOT be trusted!!!” How can she make such a claim? Well, Sharon Lavern Fuller is a former Harris County Democratic Party employee who has first-hand knowledge of how the party operates. According to Fuller, corruption is rampant, and racism is widespread. “…that's one of the main reasons why I resigned as Primary Director,” she explains. “Too much was being done knowingly and unknowingly by the Primary Chair and Chair that I wasn't privy too or that I wasn't supposed to be intelligent/wise enough to catch,” she told me in a recent Facebook post exchange on the matter concerning Attorney Brittanye Morris possibly being disqualified for what’s being alleged by a so-called third-party under the guise of a “RESIDENCY ISSUE” violation. “THEIR catchphrase ALWAYS involves placing blame on the Republic Party,” says Sharon Lavern Fuller, referring to the Harris County Democratic Party. “That simply isn't the case,” she went on to say.
AUBREY R. TAYLOR COMMUNICATIONS
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Joy Davis, a concerned citizen, is keeping a close and watchful eye on how Harris County Democratic Party Chairman Lillie Schechter is going to handle the situation involving Attorney Brittanye Morris and the House District 142 investigation -- that's currently ongoing.
JOY DAVIS IS TAKING A WAIT AND SEE APPROACH BEFORE JUMPING TO CONCLUSIONS
AUBREY R. TAYLOR REPORTS©
In case you don't know her, Joy Davis is one of my outspoken Facebook friends who is not afraid to speak her mind. Joy Davis says that she’s still waiting for this to play out referring to what is increasingly starting to look like an attempt by the Harris County Democratic Party to overthrow “THE WILL OF THE PEOPLE” by having Attorney Brittanye Morris’ victory overturned. Davis believes that it is “FLAT WRONG” for the Harris County Democratic Party to be going after duly-elected candidates because they were able to oust the incumbent. “It’s problematic as hell,” she says. “Especially, since the people voted them out,” she explained, referring to Judge Daryl Moore who lost to Attorney Brittanye Morris by 56,175 votes back on Tuesday, March 3, 2020, in the Democratic Party primary race for Judge, 333rd Civil District Court. “Black people in the party need to look at this and take this very seriously," said Davis. “I stand by every single person that won their race in the primary,” she went on to say. “They are Democrats and I will vote for them in the general, even if I supported their challenger; because we see how Republicans are handling this pandemic,” she explained. “What I want to know is, who filed the challenge in Brittanye's race?" she asked. "This documentation should be made public. Because this looks like some petty, retaliatory move to oust an African American woman that won her race,” she went on to say. “All of this could have happened before voting had begun,” says Davis. And she's right in my opinion.
AUBREY R. TAYLOR COMMUNICATIONS
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Community activist Gerry Wayne Monroe is pictured with the honorable and highly distinguished Congresswoman Sheila Jackson Lee of the 18th Congressional District. Congresswoman Lee recently earned 77.08% of the vote (against six challengers) back on Tuesday, March 3, 2020, in the Democratic primary. Now she will have to face the winner of the Tuesday, July 14, 2020, Republican Party Primary runoff election between Wendell Champion and Robert M. Cadena.
GERRY WANYE MONROE IS HIGHLY UPSET AT HCDP CHAIR LILLIE SCHECHTER AND THREATENING TO EXPOSE HER WITH FACTS HE CLAIMS TO HAVE
AUBREY R. TAYLOR REPORTS©
Gerry Wayne Monroe is certainly not bashful when it comes to speaking out on issues impacting the Black community. Monroe is as serious as they come as it relates to fighting for those who are in need of a 'BIG BROTHER" if you know what I mean. Now, I don’t always agree with his tactics. But hey, you don’t have to always agree with a person to respect their game. Anyways, he’s the guy who walked to the podium and started throwing dollar bills as HISD Trustees a few years ago to make a point. Now, don’t get me wrong, I wouldn’t have done it like that. However, I must say that his theatrics got the results he and other community leaders were after on that day. Fast forward to now, Harris County Democratic Party Chairman Lillie Schechter is centered in the crosshairs of Mr. Monroe and a growing list of other Black leaders. In a recent statement aimed directly at Lillie Schechter, Mr. Monroe expressed the displeasure he’s feeling related to what appears to be a situation where a “PHANTOM CANDIDATE” by the name of Natasha Ruiz was able to make her way onto the Democratic Party primary ballot (HD-142) race and garner just enough votes to prevent State Rep. Harold Dutton from winning his re-election bid. “You have overstepped your boundaries,” he said in the aforementioned Facebook post. “Time to expose your little boyfriend,” Mr. Monroe went on to say. However, I’m not exactly sure if the little boyfriend he’s referring to is Jerry Davis or some other dude. “Before you mess with Brittanye Morris do something with your partner Jerry Davis,” he demanded. According to Mr. Monroe, Jerry Davis is the one with true residency issues. Now, I have not independently verified or investigated Mr. Monroe's assertion. But, Mr. Monroe claimed that Lillie Schechter is allegedly fully aware of the fact that Jerry Davis does not live within the boundaries of House District 142. How do I know? Well, he said it in the Facebook post I referenced. And according to Mr. Monroe, he doesn't have any problem exposing Harris County Democratic Party Chairman Lillie Schechter. “…it's all facts,” he claimed."
AUBREY R. TAYLOR COMMUNICATIONS
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Founder of 5th Ward Live (TV), Arthur J. Smith is ready to go to battle with anyone trying to use racist tactics to bully people in the hood. Smith is encouraging 5th Ward residents to stand strong against racist people on Tuesday, November 3, 2020, in the general election.
ARTHUR J. SMITH PLANS TO CONTINUE HIS EFFORTS TO REGISTER VOTERS WHILE STANDING STRONG AGAINST BULLIES
AUBREY R. TAYLOR REPORTS©
Arthur J. Smith is affectionally known as “ART” throughout Harris County, Texas. I’ve known, Art and his wife Koffey for nearly 30 years. But in case you don’t know him, he’s the Fifth Ward community activist who filed a civil lawsuit against a longtime church in the Fifth Ward area a couple years ago. According to Art, he was physically assaulted by an off-duty HPD officer who was performing security duties at the church, and yes, the entire thing was caught on video. According to many folks I’ve talked to, Art is one of the strongest voices in Houston’s Fifth Ward -- and he was not treated with the respect he deserved while trying to carry out a peaceful protest before being hit with Taser probes – allegedly for no reason at all. Fast forward to today, Art is not pleased with what the Democrats are trying to do to Attorney Brittanye Morris. He thinks the root cause of what’s going down at the HCDP is racism and white privilege. “Racism will not be TOLERATED in 5th Ward, Texas!!!,” he said in a recent phone interview with Houston Business Connections Newspaper© a few days ago. Why is he referencing 5th Ward? Well, because, the Harris County Democratic Party headquarters is located at 4619 Lyons Ave, Houston, TX 77020, smack-dab in the heart of this historically Black neighborhood. “This Lillie person at the Harris County Democratic Party headquarters is not running a “DAMN THING” in 5th Ward, Texas,” said Art. “This is not the Jim Crow days Lillie,” he forcefully stated, referring to a dark, and not so distant moment in American history when a collection of unjust laws was enacted enforcing racial segregation in the South between the end of Reconstruction in 1877 and the beginning of our fight for civil rights in the 1950s. According to Art, Democratic Party Chairman Lillie Schechter has no right whatsoever to try and thwart the will of the 151,780 Democratic voters who cast their ballot for Attorney Brittanye Morris (a young African American female), over Judge Daryl Moore (a White middle-aged male) back on Tuesday, March 3, 2020. So what does he plan to do? Well, for starters, in the short term, Art says he's going to do his “DAMDEST” to encourage the 5th Ward Community to “TAKE A STAND AGAINST RACIST PEOPLE” coming into the hood to bully our people. Not sure what he's talking about? As a refresher, Attorney Brittanye Morris received 151780 votes for 61.35% of the vote. And as for Judge Daryl Moore, well, he only received 95,605 votes, for 38.65% of the vote back on Tuesday, March 3, 2020, in his losing re-election bid.
AUBREY R. TAYLOR COMMUNICATIONS
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Lillie Schechter with Jerry Davis, Congresswoman Sylvia Garcia, Commissioner Rodney Ellis, Former President Barack Obama, and for Secretary of State Hillary Rodham Clinton
According to her website, Lillie Schechter is a political strategist and fundraiser who has been advising local and national Democratic candidates and organizations for nearly a decade. Lillie has worked closely with the Democratic Party to help find, promote and elect the best candidates for Harris County and City of Houston positions, and to grow the Democratic Party’s base in Harris County. This year, Lillie is excited to have the opportunity to bring her passion, dedication, and deep knowledge of the county’s political landscape directly to the Party as the Harris County Democratic Party Chair.
A native Houstonian and 7th generation Texan, Lillie grew up steeped in the Democratic Party. When other kids were attending Little League games and ballet rehearsals, Lillie was campaigning. She fondly remembers her introduction to politics, marching in a parade when she was just a kid, chanting, “vote for Annie, she’s our grannie,” as part of her grandmother’s successful bid for tax assessor-collector of Hood County. Only a few years later, Lillie block-walked, made signs and worked polls to help her mom, Sue, become State Representative, District 134.
When she was in high school at Jones High School, Lillie became even more familiar with the local Party when her mom successfully ran for Party Chair. Lillie spent countless hours at the party office as a teenager, solidifying the foundation of what would become a lifelong career in progressive politics.
After only a short time at Boston University, Lillie dropped out of school but remained in Boston working two minimum wage jobs. It was during this time that Lillie came face-to-face with the vital importance of the issues she had grown up fighting for, like a liveable minimum wage and access to health care and education.
Lillie moved back to Texas and attended Austin Community College, before transferring to the University of Texas where she received a BA in American Studies and a Masters in Public Leadership from the LBJ School of Public Affairs. While there, Lillie taught Sunday School and worked for Sarah Weddington, the lawyer who successfully argued Roe v. Wade at the United States Supreme Court.
After graduation, Lillie came back to Houston and helped her father, Richard, in his successful run for Trustee of Houston Community College. Invigorated by that experience, she realized her true calling was in politics.
In 2009, Lillie launched her own business, Lillie Schechter Consulting, which has grown to encompass all aspects of progressive politics: fundraising, campaign strategy, candidate training, and beyond. Lillie has had the fortune of working with some of the superstars of Texas and national Democratic politics, including Cecile Richards and Planned Parenthood, Wendy Davis, Leticia Van De Putte, and Hillary Clinton.
But Lillie’s real passion has always been a solid blue Harris County. At the local level, Lillie has worked on campaigns touching nearly every aspect of county and city government. She has consulted and volunteered on all sorts of races in Houston, Pasadena, and Galena Park: county commissioner, sheriff, city council, constable, school board, judicial, state representative & mayoral.
In 2013, Lillie saw the need for a leadership-training program focused on growing our progressive bench in Harris County. After researching organizations across the country, Lillie and a couple of friends worked tirelessly to bring Texas’s first chapter of the New Leader’s Council (NLC) to Houston. Lillie raised money for the program and helped assemble an advisory board that has become a who’s who of local politics. NLC has thrived ever since, with twenty new progressives entering the program each year.
Lillie is perhaps most proud of the work she did in 2012 and 2016 in Harris County. During these cycles, Lillie was instrumental in organizing a coalition of interest groups, grassroots organizers, local and national donors and candidates to push the County’s largest get-out-the-vote efforts ever. This was the first time such a coordinated field effort had been undertaken in the County, and in 2016 it really paid off: Harris County Democratic voters turned out in much larger-than-expected numbers, electing all county-wide Democrats and giving Hillary Clinton the largest victory in Harris County of any Democratic Presidential candidate in recent history.
When she is not fighting for progressive causes and candidates, Lillie can be found strolling the bayou with her dog, Harlie; splashing around a pool with her fiance, Brian and his three kids, Miles, Clara, and Ruby; watching cheesy romantic comedies from the nineties; and volunteering her professional skills to raise money for charities.
"The Honorable Judge Daryl Moore and Attorney Brittanye Morris are both duly-qualified to serve as judges in the Lone Star State according to the rules. QUALIFICATIONS TO BE A JUDGE IN TEXAS: Citizen of U.S., age 25 or older; resident of the county for at least 2 years; and licensed attorney who has practiced law or served as a judge for 4 years."
AUBREY R. TAYLOR COMMUNICATIONS
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"U.S. Senator Cory Booker recently stated that black, female voters will play a particularly important role in deciding the upcoming 2020 Presidential Election. And I can't say that I disagree with him. Attorney Brittanye Morris will become one of the youngest sitting judges in America if she's allowed to remain on the ballot. She defeated Judge Daryl Moore by over 56,175 votes back on Tuesday, March 3, 2020, in the Democratic Party Primary race for Judge, 333rd Civil District Court. However, Harris County Democratic Party Chairman Lillie Schechter has sent Attorney Morris a letter questioning her eligibility after a third party filed some sort of challenge related to Attorney Morris' residency. In case you don't know already, Attorney Brittanye Morris received 151,780 votes, for 61.35% of the vote. Comparatively speaking, Judge Daryl Moore only received 95,605 votes, for 38.65% of the vote."
AUBREY R. TAYLOR COMMUNICATIONS
957 NASA PARKWAY #251
HOUSTON, TEXAS 77058-3039
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Lillie Schechter -- County Chair
Harris County Democratic Party
4619 Lyons Avenue
Houston, Texas 77020
Dear Ms. Schechter:
Despite having only six days in which to secure counsel and respond during a pandemic that has resulted in shelter-in-place orders across the State of Texas, on behalf of Brittanye Lashay Morris, the Democratic nominee for the office of Judge, 333rd Judicial District, we are responding to your letter of March 21, 2020, regarding her eligibility to hold that office. Because your authority to administratively declare a candidate ineligible is limited to instances in which you have been presented with public records conclusively demonstrating such ineligibility, and no such public records have been provided, you have no authority to declare Ms. Morris ineligible.
“A candidate may be declared ineligible only if . . . facts indicating that the candidate is ineligible are conclusively established by another public record.” TEX. ELEC. CODE § 145.003(f)(2). As such, a party county chair has no “authority to make a factual determination as to whether [a candidate] actually resides at [a particular address], or that he is otherwise legally ineligible.” In re Tolliver, No. 05-0200109-CV, 2002 WL 92919, at *2 (Tex. App.—Dallas Jan. 25, 2002, no pet.). If the public records presented do not establish a candidate’s ineligibility conclusively, then the county chair has no authority to declare such candidate ineligible. See In re Palomo, 366 S.W.3d 193, 198 (Tex. 2012) (holding that because the “[p]ublic records certainly do not ‘conclusively establish’” the candidate’s ineligibility, the “county chair was therefore not authorized, let alone required, to declare [the candidate] ineligible”).
You have been presented with two public records that are claimed to show that Ms. Morris has not resided in Harris County for two years prior to November 3, 2020, as is required by Article V, § 7 of the Texas Constitution. However, neither document shows Ms. Morris’s residency conclusively and are therefore insufficient to authorize you to declare her ineligible.
In relevant part, the Election Code defines “‘residence’ [as] domicile, that is, one’s home and fixed place of habitation to which one intends to return after any temporary absence. Residence shall be determined in accordance with the common-law rules, as enunciated by the courts of this state, except as otherwise provided by this code.” TEX. ELEC. CODE § 1.015(a)-(b). “Whether “‘a person resides in a particular [voting district] according to the election code definition [of residence] is a question of fact.’” State v. Wilson, 490 S.W.3d 610, 616 (Tex. App.—Houston [1st Dist.] 2016, no pet.) (quoting In re Peacock, 421 S.W.3d 913, 917 (Tex. App.—Tyler 2014, orig. proceeding)).
Under the common law, the “term ‘residence’ is an elastic one and . . . depends upon the circumstances surrounding the person involved and largely depends upon the present intention of the individual. Volition, intention and action are all elements to be considered in determining where a person resides and such elements are equally pertinent in denoting the permanent residence or domicile.” Mills v. Bartlett, 377 S.W.2d 636, 637 (Tex. 1964). “Neither bodily presence alone nor intention alone will suffice to create the residence, but when the two coincide at that moment the residence is fixed and determined.” Id. In assessing presence, “relevant factors include where the person sleeps, stores personal possessions, and generally conducts day-to-day activities.” Wilson, 490 S.W.3d at 619. Moreover, when “a person’s statements concerning his residence are inconsistent with the facts showing actual residence, ‘such statements “are of slight weight” and cannot establish residence in fact.’” Id. at 618 (citation omitted).
One of the public records submitted to you was a deed of trust related to the purchase of property by Ms. Morris in Fort Bend County in November 2018. This deed of trust contains a contractual provision stating that:
Borrower shall occupy, establish, and use the Property as Borrower’s principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower’s principal residence for at least one year after the date of occupancy, unless Lender determines that this requirement shall cause undue hardship for the Borrower or unless extenuating circumstances exist which are beyond Borrower’s control.
Nothing in the public records submitted to you conclusively demonstrates that Ms. Morris was not exempted from this provision by its own terms or that she ever actually occupied the Fort Bend property. As such, this public record does not conclusively establish either element of residence—Ms. Morris’s intent to live in Fort Bend County or her actual presence there. Ms. Morris stands by her sworn application of candidacy that she has not resided outside of Harris County in the past two years. She never occupied the Fort Bend County property as her residence, principal or otherwise.
The second public record submitted to you, the homestead affidavit signed by Ms. Morris, likewise fails to conclusively establish that the Fort Bend property was her residence.[1] In two instances challengers have requested a candidate be administratively declared ineligible based upon a homestead exemption application and in both instances the courts of appeal held that a homestead exemption does not conclusively establish a candidate’s residency at the property for which the homestead exemption was sought.
In In re Vela, 399 S.W.3d 265 (Tex. App.—San Antonio 2012, orig. proceeding) a mayoral candidate for the City of Rio Bravo was administratively declared ineligible as a non-resident based upon 1) an application for homestead exemption in Laredo, Texas regarding his property located in Laredo, Texas; 2) his voter registration in Laredo, Texas; and 3) his claimed residential address in Rio Bravo being a commercial property not eligible for the homestead exemption. Id. at 265. The court of appeals held that “we cannot say the public records on which the City relied conclusively establish Vela’s ineligibility as a candidate for mayor of the City of Rio Bravo. Therefore, Peguero, in her capacity as City Secretary, lacked the authority to declare Vela ineligible.” Id. at 266.
Similarly, in In re Peacock, 421 S.W.3d 913 (Tex. App.—Tyler 2014, orig. proceeding) a county court at law candidate sought to mandamus the county chair to administratively declare her opponent ineligible for failure to reside in the county for the previous two years. She provided the following public records to the county chair:
1. “[A] certified copy of records from Williamson County, Texas, showing that Mrs. Stone has voted in an election in Williamson County within the two years preceding any election to which her candidacy is applicable”; and
2. “[A] certified record from the Williamson County Appraisal District showing that Mrs. Stone, whose prior married name was Janice Crosby McKennon, enjoyed a homestead exemption for the home she owned in Round Rock, Williamson County, Texas.”
Id. at 916.
The court of appeals held that voting record, which showed that the candidate had voted outside the county in the election two years prior was not conclusive, because it did not show whether the candidate had voted on election day or in early voting, which would have been before the two-year residency requirement. Id. at 917-18. It went on to hold that:
The document pertaining to Stone’s Williamson County homestead exemption is equally inconclusive. A homestead designation may be relevant to resolution of a dispute concerning the person’s residence for purposes of the election code. However, no one factor is dispositive on the question of one’s intended residence. Therefore, we cannot say that the document verifying Stone’s homestead exemption conclusively shows her ineligibility as a candidate for Judge of the County Court at Law. At most, Stone’s Williamson County voting history and the document verifying her 2014 Williamson County homestead exemption raise a fact issue concerning her residence for the relevant two year period. See Mills, 375 S.W.2d at 943. These documents do not, either considered separately or read together, conclusively establish that Stone is ineligible to be a candidate for Judge of the County Court at Law of Cherokee County. Consequently, Rix did not violate his statutory duty by declining to declare Stone ineligible as a candidate for that office.
Id. at 918 (citations omitted).
The case of State v. Wilson, 490 S.W.3d 610 (Tex. App.—Houston [1st Dist.] 2016, no pet.) likewise shows that you have no public records before you that conclusively show Ms. Morris has resided outside of Harris County within the past two years. In Wilson, the Harris County Attorney brought a quo warranto proceeding challenging the eligibility of a Harris County Community College trustee on the grounds that he did not live in the trustee district. Id. at 612. Based upon the trustee’s testimony and other documentary evidence, the jury found that he was a resident of the district. Id. Part of the evidence showed that the trustee had previously purchased a home outside of the trustee’s district for his wife in her name, but had designated himself as an owner also of the home, and that there was a homestead designation on this property. Id. at 613-14. In affirming the trial court’s judgment, the court of appeals held that the evidence was legally sufficient to support the jury’s verdict because a “homestead designation outside of [the] voting district is relevant but not dispositive in determining [the] residency of [a] candidate,” and therefore the homestead exemption was “neither controlling nor conclusive.” Id. at 621. The County Attorney argued that a candidate should not be able to gain the tax advantages of a homestead designation at one address while claiming another address for purposes of running for office. The court of appeals rejected this argument, holding that “[d]eriving tax benefits, such as a homestead exemption, from one property does not automatically preclude a finding that the person actually resides at another.” Id. at 623.
The deed of trust presented to you contains no more regarding Ms. Morris’s residence in Fort Bend County than is contained in her application for a homestead exemption. Three courts of appeal have already specifically held that a homestead exemption application does not conclusively establish a candidate’s residence at the property subject to the exemption. You have therefore been presented with no public records that conclusively show Ms. Morris has resided anywhere other than Harris County for the previous two years as stated in her ballot application. There is every reason to believe that a Houston court of appeals would certainly agree and thus any administrative declaration of ineligibility under these circumstances would require the needless expenditure of judicial resources to undo this unauthorized act.
[1] Although not identified as a public record in either the memorandum submitted to you or your letter to Ms. Morris, the documents submitted to you contained information regarding changes on the address listed on Ms. Morris’s driver’s license. A driver’s license is not conclusive proof of residence as defined by the Election Code. See, e.g., McDuffee v. Miller, 327 S.W.3d 808, 811, 818, 824 (Tex. App.—Beaumont 2010, no pet.) (holding that clear and convincing evidence demonstrated that voter Heath was not a resident of the relevant election district although he had changed his driver’s license address to one within the district prior to the election in question).
exemption does not conclusively establish a candidate’s
residency at the property for which the homestead exemption was sought.
In In re
Vela, 399 S.W.3d 265 (Tex. App.—San Antonio 2012, orig. proceeding) a
mayoral candidate for the City of Rio Bravo was administratively declared
ineligible as a non-resident based upon 1) an application for homestead
exemption in Laredo, Texas regarding his property located in Laredo, Texas; 2)
his voter registration in Laredo, Texas; and 3) his claimed residential address
in Rio Bravo being a commercial property not eligible for the homestead
exemption. Id. at 265. The court of appeals held that “we cannot say
the public records on which the City relied conclusively establish Vela’s
ineligibility as a candidate for mayor of the City of Rio Bravo. Therefore,
Peguero, in her capacity as City Secretary, lacked the authority to declare
Vela ineligible.” Id. at 266.
Similarly, in In re Peacock, 421 S.W.3d 913 (Tex. App.—Tyler 2014, orig.
proceeding) a county court at law candidate sought to mandamus the county chair
to administratively declare her opponent ineligible for failure to reside in
the county for the previous two years.
She provided the following public
records to the county chair:
1.
“[A] certified copy of records from Williamson
County, Texas, showing that Mrs. Stone has voted in an election in Williamson
County within the two years preceding any election to which her candidacy is
applicable”; and
2.
“[A] certified record from the Williamson County
Appraisal District showing that Mrs. Stone, whose prior married name was Janice
Crosby McKennon, enjoyed a homestead exemption for the home she owned in Round
Rock, Williamson County, Texas.”
Id. at 916.
The court of appeals held that voting record,
which showed that the candidate had voted outside the county in the election
two years prior was not conclusive, because it did not show whether the
candidate had voted on election day or in early voting, which would have been
before the two-year residency requirement. Id.
at 917-18. It went on to hold that:
The document pertaining to Stone’s
Williamson County homestead exemption is equally inconclusive. A homestead
designation may be relevant to resolution of a dispute concerning the person’s
residence for purposes of the election code. However, no one factor is
dispositive on the question of one’s intended residence. Therefore, we cannot
say that the document verifying Stone’s homestead exemption conclusively shows
her ineligibility as a candidate for Judge of the County Court at Law. At most,
Stone’s Williamson County voting history and the document verifying her 2014
Williamson County homestead exemption raise a fact issue concerning her
residence for the relevant two year period. See
Mills, 375 S.W.2d at 943. These documents do not, either considered
separately or read together, conclusively establish that Stone is ineligible to
be a candidate for Judge of the County Court at Law of Cherokee County. Consequently,
Rix did not violate his statutory duty by declining to declare Stone ineligible
as a candidate for that office.
Id. at 918 (citations omitted).
The case of State v. Wilson, 490 S.W.3d 610 (Tex.
App.—Houston [1st Dist.] 2016, no pet.) likewise shows that you have no public
records before you that conclusively show Ms. Morris has resided outside of
Harris County within the past two years.
In Wilson, the Harris County
Attorney brought a quo warranto
proceeding challenging the eligibility of a Harris County Community College
trustee on the grounds that he did not live in the trustee district. Id. at 612. Based upon the trustee’s
testimony and other documentary evidence, the jury found that he was a resident
of the district. Id. Part of the evidence showed that the trustee
had previously purchased a home outside of the trustee’s district for his wife
in her name, but had designated himself as an owner also of the home, and that
there was a homestead designation on this property. Id. at 613-14. In affirming
the trial court’s judgment, the court of appeals held that the evidence was
legally sufficient to support the jury’s verdict because a “homestead
designation outside of [the] voting district is relevant but not dispositive in
determining [the] residency of [a] candidate,” and therefore the homestead
exemption was “neither controlling nor conclusive.” Id. at 621. The County
Attorney argued that a candidate should not be able to gain the tax advantages
of a homestead designation at one address while claiming another address for
purposes of running for office. The
court of appeals rejected this argument, holding that “[d]eriving tax benefits,
such as a homestead exemption, from one property does not automatically
preclude a finding that the person actually resides at another.” Id. at 623.
The deed of trust presented to you contains no
more regarding Ms. Morris’s residence in Fort Bend County than is contained in
her application for a homestead exemption. Three courts of appeal have already
specifically held that a homestead exemption application does not conclusively
establish a candidate’s residence at the property subject to the
exemption. You have therefore been
presented with no public records that conclusively show Ms. Morris has resided
anywhere other than Harris County for the previous two years as stated in her
ballot application. There is every
reason to believe that a Houston court of appeals would certainly agree and
thus any administrative declaration of ineligibility under these circumstances
would require the needless expenditure of judicial resources to undo this
unauthorized act.
Sincerely,
Randall B. Wood
"We must make it our business to elect the best-qualified candidates who value our vote, prayers, and support every time we enter a voting booth."
AUBREY R. TAYLOR COMMUNICATIONS
957 NASA PARKWAY #251
HOUSTON, TEXAS 77058-3039
PHONE: (832)212-8735
CELL: (281)788-3033
MJ "Mary Hegar" is heading into the Tuesday, July 14, 2020, runoff election in the race for the United States Senate as the "FRONT-RUNNER" against Royce West. In case you don't know, MJ Hegar received 412,897 votes back on Tuesday, March 3, 2020, in the Democratic Primary, according to the "Unofficial" election returns published by the Texas Secretary of State.
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Constable Chris Diaz is heading into the Tuesday, July 14, 2020, runoff election in the race for Harris County Constable Precinct 2 as the "RUNNER-UP" against Lieutenant Jerry Garcia. In case you don't know, Constable Chris Diaz received 5,122 votes back on Tuesday, March 3, 2020, in the Democratic Primary, according to the "Unofficial" election returns published by the Harris County Clerk.
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Former Constable Ken Jones is heading into the Tuesday, July 14, 2020, runoff election in the race for Harris County Constable Precinct 3 as the "RUNNER-UP" against Constable Sherman Eagleton. In case you don't know, Ken Jones received 3,391 votes back on Tuesday, March 3, 2020, in the Democratic Primary, according to the "Unofficial" election returns published by the Harris County Clerk. However, in a recent turn of events, Eric Reed, Deborah Florus, and Michel (Poppy) Pappillion have all decided to throw their support behind Ken Jones. This could make the runoff showdown between Constable Sherman Eagleton and former Precinct 3 Constable Ken Jones one of the most intriguing races on the entire May 26th Democratic runoff ballot. Why? Well, at first glance it would appear that Constable Sherman Eagleton is the clear, and decisive "FRONT-RUNNER" heading into the runoff showdown. However, when you take into account that Eric Reed received 1,810 votes for 8.58% of the vote; Deborah Florus received 3,279 votes for 15.54% of the vote; Michael (Poppy) Pappillion received 913 votes for 4.33% of the vote, and Ken Jones himself received 3,391 votes for 16.07% of the vote, it isn't difficult to see that the "RUNOFF SHOWDOWN" between Constable Eagleton and Ken Jones won't be as lopsided as their Democratic Primary was back on Tuesday, March 3, 2020. Another key factor to pay close attention to is the fact that only 23,896 votes were cast back on Tuesday, March 3, 2020, in the race for Harris County Constable for Precinct 3. Why is this significant? Well, according to the Harris County Clerk's Office, there are 197,063 registered voters in Precinct 3 who could potentially turn out on Tuesday, May 26, 2020. So both Constable Sherman Eagleton (the current Constable for Precinct 3) and Ken Jones (the former Constable for Precinct 3) will both have their work cut out for them between now and the start of the "EARLY VOTING PERIOD" which begins on Monday, July 6, 2020, and ends on Friday, July 10, 2020, in Harris County, Texas.
Randal Newman is heading into the Tuesday, July 14, 2020, runoff election in the race for Harris County Constable Precinct 5 as the "FRONT-RUNNER" against Mark Alan Harrison. In case you don't know, Randal Newman received 23,525 votes back on Tuesday, March 3, 2020, in the Democratic Primary, according to the "Unofficial" election returns published by the Harris County Clerk.
Mark Alan Harrison is heading into the Tuesday, July 14, 2020, runoff election in the race for Harris County Constable Precinct 5 as the "RUNNER-UP" against Randal Newman. In case you don't know, Mark Alan Harrison received 18,560 votes back on Tuesday, March 3, 2020, in the Democratic Primary, according to the "Unofficial" election returns published by the Harris County Clerk.
"Who you vote for in any given election is a personal decision. So, as you endeavor to make a quality decision at the ballot box, please consider casting your ballot for duly-qualified candidates who respect, appreciate and ask for your vote."
AUBREY R. TAYLOR COMMUNICATIONS
957 NASA PARKWAY #251
HOUSTON, TEXAS 77058-3039
PHONE: (832)212-8735
CELL: (281)788-3033
LAW OFFICES OF ALLETTE B. WILLIAMS, P.C., HOUSTON, TEXAS
Attorney Allette B. Williams and other leaders just like her make it possible for us to thrive and do what we do to inspire, encourage, and drive voter turnout and mobilization in Harris County, Texas. So, if for some reason you don't know, Attorney Williams practice's law in the areas of Alternative Dispute Resolution, Criminal, Family, Personal Injury, Wills-Trusts-Probate, Entertainment, Immigration, Juvenile, Mediation, and Contracts.
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Steve is currently a partner at Kherkher Garcia. Kherkher Garcia is comprised of a team of exceptional trial lawyers based in Houston, Texas, with the ability and resources to protect and fight for the rights of their clients against large national and multi-national corporations throughout the United States. Each and every client of Kherkher Garcia receives personalized attention from a dedicated team of trial lawyers known nationally for their legal expertise and dedication to providing the highest quality representation. In addition to exceptional legal representation, Steve’s clients also become his friends who he remains in contact with long after the verdict is read. He often enjoys cookies and other baked goods clients have provided. Steve has enjoyed attending the weddings of former clients and has helped the children of former clients with educational expenses so that they could attend college. One of the recipients of his generosity is now a medical doctor. Steve looks forward to meeting you and helping you get the justice you deserve.
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AUBREY R. TAYLOR COMMUNICATIONS
957 NASA PARKWAY #251
HOUSTON, TEXAS 77058-3039
PHONE: (832)212-8735
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