By Dawn Burleigh

The Orange Leader

 

Donald Brown, a Democrat running for Orange County Judge, will remain on the ballot and cannot be declared as ineligible as a candidate according to Texas Election Code Sec. 141.034.

“It’s been a rough five weeks,” Brown said. “I look forward to conversations about what matters most to people in Orange County.”

Texas Election Code Sec. 141.034. states “LIMITATION ON CHALLENGE OF APPLICATION.  (a)  An application for a place on the ballot may not be challenged for compliance with the applicable requirements as to form, content, and procedure after the day before any ballot to be voted early by mail is mailed to an address in the authority’s jurisdiction for the election for which the application is made.

(b)  This section does not apply to a determination of a candidate’s eligibility.”

On January 24, the Orange County Democrat Party released a statement announcing that it is declaring the application for ballot access for the Democratic Nomination for County Judge by Donald Glenn Brown to be not valid under the Texas Election Code.

The code referred to is Texas Election Code 172.021 (b-2) which states, “If a payment of a filing fee is returned for insufficient funds after the end of the filing period, the application is not considered to be timely filed, and the authority receiving the application shall inform the applicant that the application was not valid”

However, according to a representative at the Texas Secretary of State office, Texas Election Code 172.021 (b-2) does not apply because after the first mail-in ballots are sent out, a candidate is on the ballot and cannot be taken off, even if his/her application check bounces. The first military and overseas ballots are required by federal law to be sent out no later than 45 days before Election Day – this year, the first military and overseas ballots were required to be sent by January 20.

According to a copy of the check in question, it was declared Non Sufficient Funds on January 19.

Brown has maintained he had inadvertently written the check for his filing on the wrong account and attempted to reach the Orange County Democrat Chair Interim after discovering his error. Orange County Democrat Party denies any attempt was made.

The winner of the Republican Primary on March 6, Stephen ‘Brint’ Carlton, incumbent, or challenger Dean Crooks will face Brown in the General Election in November.

Kenneth Luce is also on the ballot for the March 6 election, however, he has dropped from the race since filing and after the ballots had been approved. With his name remaining on the ballot, one of the three Republicans must receive 51 percent of the vote in the Primary or face a run off in the May 5 Run Off Election.