Wednesday, September 11, 2024
Trial is set to reconvene at 9 a.m. Aug. 21 to continue proceedings in the ongoing legal battle between Roberta Zamarron and the Hood County Republican Party over the controversial nomination process for the district clerk position. A preliminary hearing occurred Friday, Aug. 9.
RECAP
Zamarron, the interim district clerk of Hood County, filed a lawsuit Aug. 2 against the Hood County Republican Party, its Chair Greg Harrell and Hood County Elections Administrator Stephanie Cooper. Zamarron alleges that the party violated bylaws and election laws during the June 26 executive committee meeting, where her opponent, Melanie Graft, participated in the voting process for the district clerk nomination.
Graft, who serves as Precinct 408 Chair and as a member of the Granbury Independent School District board of trustees, was nominated for the position during the executive committee meeting. Zamarron was appointed to the role by 355th District Court Judge Bryan Bufkin following the death of former District Clerk Tonna Newman in February.
Zamarron’s suit states the nomination created a conflict of interest, as Graft was allowed to vote while also being a candidate. The initial vote ended in a 7-7 deadlock before a re-vote resulted in Graft winning 8-6, which sparked concerns about transparency and fairness on social media.
The lawsuit argues Graft’s participation in the voting process was illegal under Texas Election Code 161.005, which prohibits individuals from serving as both an officer of a political party and a candidate for an elective office. It also cites the self-appointment doctrine, which disallows a body from appointing one of its own members to a position, and contends that HCRP’s bylaws prohibit anyone holding an elected public office from serving as a precinct chair while being a candidate.
Zamarron seeks to have the committee’s vote reversed and hopes to be recognized as the Republican candidate for district clerk in the upcoming November election.
“There are no consequences for the executive committee if we're successful,” she previously told the Hood County News. “Nobody will be removed from office, and that's not what we're seeking to do.”
PRELIMINARY HEARING
A preliminary hearing Aug. 9 was presided over by visiting Judge Graham Quisenberry of the 415th District Court in Parker County. The court proceedings began with a request for a witness list, followed by a 50-minute recess to allow for expedited evidentiary matters related to the case at hand.
The court reconvened and began discussing the exhibits to be included in the record, with both parties agreeing to stipulate to certain facts and documents, like Harrell’s response and the minutes of the aforementioned HCRP executive committee meeting.
District Attorney Ryan Sinclair, representing Cooper, stated that per law, Cooper must be represented by either the county attorney or district attorney. He emphasized that her role in the proceedings is strictly as a witness rather than a party to the lawsuit.
“She takes no position on this matter,” Sinclair stated. “She just needs a name for the ballot. After looking at the law, we need a decision by Aug. 24 to put a name on the ballot.”
Sinclair further clarified that Cooper's involvement is necessary to ensure compliance with election laws and to provide any relevant information the court may require.
Attorney Ryan Taylor, representing Zamarron, added Cooper was only present to provide necessary testimony regarding the nomination process.
“She’s here because she has to be,” Taylor stated.
Both Taylor and Harrell’s attorney, Eric Opiela, later confirmed that neither party intended to seek attorney fees for Cooper.
During the hearing, the judge emphasized the importance of resolving the matter promptly and requested that both parties draft appropriate orders to address the legal issues raised.
“This case will certainly have my attention,” Quisenberry said. “I would like to have those (orders) by Aug. 19.”
Quisenberry then scheduled the case for further proceedings at 9 a.m. Wednesday, Aug. 21, at the Hood County Justice Center, although the specific courtroom for the hearing has yet to be determined.
The upcoming court session Aug. 21 will provide an opportunity for both sides to further present their arguments and evidence, as the legal dispute has drawn considerable attention from the local community. Many residents have expressed concerns about transparency and fairness in the nomination process, fueling a broader conversation about electoral integrity in Hood County.
As the case unfolds, the implications for the Hood County Republican Party and the upcoming election remain significant. The outcome of these proceedings could set important precedents for future nominations and election processes within the county.
