CAUSE NO.

_______________

CODY WOMMACK,
Contestant,
v.
MIKE ALCORN,
MARIE SKIPPER
Contestees.

IN THE DISTRICT COURT

OF MORRIS COUNTY, TEXAS

176th JUDICIAL DISTRICT

CONTESTANTS ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT

Now comes Contestant Cody Wommack initiating an election contest under the Texas
Election Code against Contestees, Mike Alcorn and Marie Skipper and would respectfully show
the court as follows:
DISCOVERY
1.

Contestant intends that discovery be conducted under Level 2 of Texas Rules of Civil

Procedure 190.
PARTIES
2.

Contestant Cody Wommack is a resident of the Daingerfield-Lone Star Independent

School District. He was a candidate in the Daingerfield-Lone Star Independent School District
Board of Trustees Election for one of the two at large positions on May 7, 2016.
3.

Contestee Mike Alcorn is one of the candidates declared as a top vote getter in the

election. He resides at 211 Bassett, Lone Star, TX 75668 where he may be served with process.
4.

Contestee Marie Skipper is likewise one of the candidates declared as a top vote getter

in the election. She resides at 461 County Road 4111, Hughes Springs, TX 75656 where she may
be served with process.
JURISDICTION AND VENUE
5.

The District Court of Morris County, Texas has exclusive jurisdiction and venue of this

election contest pursuant to of the Texas Election Code 221.002 et seq., and 232.006(b).
NOTICE TO SECRETARY OF STATE
6.

A copy of this petition was delivered to the Texas Secretary of State as required by Texas

Election Code 232.008(d).

NOTICE OF DISQUALIFICATION
7.

This election contest involves an election for territory covered by the Morris County District

Court. Therefore, the district judge of said court is statutorily disqualified. Contestant requests that
the District Clerk promptly notify the judge of this filing so that a special judge may be assigned to
hear the case pursuant to Texas Election Code 231.004(b).
ELECTION CONTEST
8.

This contest is brought for the purpose of contesting the May 7, 2016 election for the

Daingerfield-Lone Star Independent School District Board of Trustees. The school district policy
manual states in pertinent part that, For the at large positions, the candidates receiving the
highest number of votes shall fill the positions of the terms which are normally expiring.
Education Code 11.057(a), (b). The school district instead conducted the election according to the
policy outlined in Education Code 11.058.
9.

Contestant states that he voiced his objection to the districts proposed method of election

upon and before submitting the required paperwork to be on the ballot and in consultation

with another candidate. This objection was voiced with the secretary to the superintendent
who was the employee charged with receiving said paperwork and with a school board member.
10.

Initial returns for the election results indicated:

At Large,
Position 3
Ben Terry
Marie
Skipper
Dwayne
Staples
At Large,
Position 4
Cody
Wommack
Mike Alcorn

Mail-in
Ballots

District
Administration
Building
(Early Voting)

District
Administration
Building
(Election Day)

Lone Star
Fire Station
(Election
Day)

Total

19(42%)
20(44%)

100(32%)
189(60%)

85(42%)
82(40%)

68(69%)
28(28%)

272(41%)
319(48%

6(13%)

24(8%)

36(18%)

3(3%)

69(10%)

10(23%)

105(35%)

108(54%)

67(66%)

290(45%)

34(77%)

192(65%)

92(46%)

34(34%)

352(55%)

These results were originally supposed to be canvassed at a May 10, 2016 board of trustees
meeting of the Daingerfield-Lone Star Independent School District. That meeting was cancelled
and the canvassing was rescheduled for May 16, 2016. Pursuant to Texas Election Code
212.0331, the results were not certified during the May 16, 2016 due to a petition for recount.
The recount was held on May 26, 2016 and resulted in a change in the result as indicated:

At Large,
Position 4
Cody
Wommack
Mike
Alcorn

Mail-in
Ballots

District
Administration
Building
(Early Voting,
Paper)

Electronic
Voting
(Early and
Election
Day)

District
Administration
Building
(Election Day,
Paper)

Lone Star
Fire
Station
(Election
Day)

Total

11(24%)

58(35%)

126(47%)

45(57%)

48(63%)

288(45%)

34(76%)

109(65%)

144(53%)

34(43%)

28(37%)

349(55%)

This change in vote totals meant that certification of the election did not occur until May 31,
2016. Therefore this election contest is timely submitted as it is filed not later than the 30th day after
the date the official election result was determined pursuant to Texas Election Code 232.008(b).
11.

The recount committee was not able to obtain valid ballot images for any of the 270 votes

that were cast on the electronic voting machines as required by Texas Election Code 214.049(e).
All that was available to be counted was a tally of vote totals which did not meet the requirements set
forth in the definition of a ballot defined by Texas Election Code Chapter 52, Subchapter C. The
electronic voting machines that were used were either not capable of recording a ballot image or
ballot images were not retained.
12.

The original petition for recount for this election was submitted according to the school

district policy manual and its prescribed method of election. As such, it included all candidates
for the two at-large positions. This was rejected by the school district administration and
canvassing board. The amended petition for recount that only included two of the at-large
candidates was the only recourse possible in order to timely submit a petition for recount.
13.

The contestant further states upon information and belief that the Daingerfield-Lone Star

Independent School District superintendent Sandra Quarles made calls in support of incumbent

Candidates during work hours thereby violating Texas Election Code 251.001(16), 255.003(a).
14.

The school district conducted the election in violation of the district policy manual. An

extensive survey of districts around the state found no other school that conducted an election in
violation of its own policy manual. In conducting the election per Education Code 11.058,
candidates had to challenge an incumbent by name for one of two identical at-large positions. This
means that a potential candidate might have been reluctant to run for office. It is possible that a
different slate of candidates would have run for office if the district had conducted the election
according to the policy manual.
REQUEST FOR DISCLOSURE
15.

Under the authority of Texas Rules of Civil Procedure 194, Contestant requests that the

Contestees disclose within (50) days of service of this request, the information or material described
in Rules 194.2 and 194.3 and 194.5.
NOTICE OF INTENT TO USE DOCUMENTS
16.

Pursuant to Texas Rules of Civil Procedure 193.7, Contestant notifies Contestees of

Contestants intention to use, at any pretrial proceeding or at trial, any documents produced by
Contestee in response to Contestants written discovery.
CIVIL PRACTICES AND REMEDIES CODE 30.014
17.

Pursuant to Civil Practices and Remedies Code 30.014, the last three digits of Contestant

Wommacks Drivers License number are #136

PRAYER
WHEREFORE, Contestant respectfully requests: that this petition be duly served on Contestees
with notice to the President of the Daingerfield-Lone Star Independent School District Board of

Trustees; that this Court declare Contestant the winner of the election at issue; if the Court
cannot determine the true winner of the election, Contestant respectfully requests this Court
void the results of the election and order a new election pursuant to Section 232.041 of the Texas
Election Code; and for such other relief as Contestant may be properly awarded.

Respectfully submitted,
__________________________
Cody Wommack
220 Haley
Lone Star, TX 75668
979-229-5805
codywommack@gmail.com