This is an expedited appeal of an election contest.
Tex.Elec.Code Ann. § 231.009 (Vernon 1986). Robert C. “Bob” Willis and John P. Thompson sought to be the nominee of the Democratic Party for the office of County Judge of Polk County in the March 1994 primary. After the original vote and a recount, Thompson was the winner by ninety votes. Willis filed suit in the District Court contesting the election.
Tex.Elec.Code Ann. § 221.002 (Vernon 1986). Willis, in his First Amended Petition, alleged certain irregularities in the conduct of the election. First he noted the early votes and mail-in ballots were opened March 7, 1994, and should not have been opened until election day, March 8.
He also alleged all members of the Early Voting Board,
made markings on ballots “for the ostensible purpose of facilitating their processing by the electronic counting devices of Polk County” instead of making duplicate ballots and one member “took the opportunity to make marks on a large number of early votes or mail-in votes beside the name of Contestant, John P. Thompson, thereby making it appear that votes were cast for him when in fact the voter had cast no such vote for anyone in the County Judge race.”
He further alleged that because of the marking and alteration of ballots the true results cannot be known or determined and the outcome announced was not the true outcome because fraud, illegal conduct or mistake caused an erroneous result. It was not alleged that Thompson had personally committed any fraudulent acts or illegal conduct.