By Dawn Burleigh

The Orange Leader

 

A warrant for injury to a child was issued for Orange County Judge Democrat candidate Donald G. Brown on Thursday.

Multiple sources said Brown had been indicted for incident.

According to Texas State Law, the district attorneys office may not release the names of those indicted unless they have been arrested for the charge.

An indictment is a formal accusation against someone who is suspected of committing a serious crime, filed after the conclusion of a grand jury investigation. It is not a guilty verdict.

Orange County Democrat party would not comment on the matter other than to state “We are aware and monitoring the matter.”

A petition requesting depositions of Michael Cole, John Baker and Donald Brown was filed on Friday.

The request was made to investigate a potential claim or suit due to Brown’s failure to properly pay his filing fee required as the Democratic Candidate in violation of Section 172.021 (b) of the Texas Election Code, according to the petition.

The testimonies are to determine whether litigation should be initiated by requesting the Ninth Court of Appeals to issue a Writ of Mandamus.

A writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, Municipal Corporation, or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation.

Due to the warrant for Brown, if seen, one should contact local law enforcement of his location.

Brown was in the headlines in January when the check used for his filing fee for running for office was returned to the local Democrat Party for non-sufficient funds. He paid the fee with a certified check in March. The deadline for filing ended on December 11, 2017, the day Brown submitted his application for the position.

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.