CAUSE NO.

DC-18-00821

THE DALLAS COUNTY REPUBLICAN § IN THE DISTRICT COURT

PARTY, MISSY SHOREY as Dallas §
County Republican Party Chair, §
§
PLAINTIFFS, §
§
v. § 14th JUDICIAL DISTRICT
§
§
THE DALLAS COUNTY DEMOCRATIC §
PARTY, CAROL DONOVAN, as the §
Dallas County Democratic Party Chair, §
§
DEFENDANTS. § DALLAS COUNTY TEXAS

__________________________________________________________________________

PLAINTIFFS’ FIRST AMENDED PETITION CHALLENGING

THE CERTIFICATION OF CANDIDATES WHOSE
APPLICATIONS WERE NOT CERTIFIED BY THEIR PARTY
CHAIR,
WITH RELATED APPLICATION FOR
TEMPORARY RESTRAINING ORDER
AND TEMPORARY INJUNCTION

__________________________________________________________________________

COME NOW, the Dallas County Republican Party (the “DCRP”) and Missy Shorey

(“Shorey”), as Chairwoman of the DCRP, and file this, their First Amended Petition Challenging

the Certification of a 128 (one hundred and twenty-eight) Democratic Candidates’ Applications

For a Place on the Democratic Primary Ballot, & Application for Temporary Injunction

CAUSE NO.
DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 1
complaining of and against the Dallas County Democratic Party (the “DCDP”), Carol Donovan

(“Donovan”) as Chairwoman thereof, and for cause of action would respectfully show unto the

Court as follows:

I. CLAIMS FOR RELIEF

1. This lawsuit arises out of the certification of compliance for and submission to the Secretary

of State by the DCDP of 128 candidates for places on the Democratic Primary Ballot, whose

applications were not accepted by the DCDP’s Chairwoman Donovan, the only individual

with the statutory authority to do so under the Election Code.

2. The Plaintiffs seek injunctive relief to prevent Donovan and the DCDP from including: (a) any

of these candidates, whose applications are attached in Plaintiffs’ Appendix to this Petition on

the March 2018 Democratic Primary ballot; and (b) any of these candidates on the November

2018 General Election Ballot as a result of any such candidates’ participation in the March

2018 Democratic Primary.

3. The Plaintiffs also seek injunctive relief to prevent Donovan and the DCDP from declaring

any of these candidates administratively ineligible and replacing them, where statute permits,

with a candidate of Donovan’s choice so as to avoid a ruling in the Plaintiffs’ favor on the

merits.

II. DISCOVERY CONTROL PLAN

4. This matter is subject to Discovery Level 2 in accordance with the Texas Rule of Civil

Procedure 190.3.

CAUSE NO. 18-00821

DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 2
III.PARTIES

5. The DCRP is a political party organized in accordance with the Texas Election Code, with its

principal place of business located at 11617 N. Central Expressway, Suite 240, Dallas, Texas,

75243.

6. Shorey, as the Dallas County Republican Party Chairwoman, is an individual who resides in

Dallas County, Texas.

7. The DCDP is a political party organized in accordance with the Texas Election Code with its

principal place of business located at 4209 Parry Avenue, Dallas, Texas 75223. The Dallas

County Democratic Party may be served with process by serving its Chairwoman, Carol

Donovan, at its principal place of business, or its General Counsel, Sarah Duncan, at 3500

Maple Ave, Dallas, TX 75219, or wherever else either two may be found.

8. Donovan, as the Dallas County Democratic Party Chairwoman, is an individual who resides in

Dallas County. Donovan may be served with process at her principal place of business, or by

serving Sarah Duncan, the General Counsel of the Dallas County Democratic Party (whom the

Plaintiffs understand to also represent Donovan in this matter), at 3500 Maple Ave, Dallas, TX

75219, or wherever else either may be found.

IV.JURISDICTION AND VENUE

8. Jurisdiction is proper in this Court in accordance with Texas Election Code §§ 145.035 and

172.117 and the Plaintiffs seek an injunction against the Defendants in accordance with

Texas Civil Practices & Remedies Code § 65.021.

CAUSE NO.
DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 3
9. Venue is proper in Dallas County, Texas, because the events giving rise to Plaintiffs’ causes

of action occurred in Dallas County, Texas and because all parties are residents of (or have

their principal place of business in) Dallas County for venue purposes.

V. FACTS

A. Background

10. The deadline to submit applications for placement on the March 2018 Primary Ballot for

Judicial Races in Dallas County was December 11, 2017.

11. After the filing deadline, a candidate may not file and the county Chair may not accept, an

amended application or an amendment to an application.1

12. The candidates whose petitions are the subject of this challenge submitted their applications

and/or applications and petitions, along with a fee, to the DCDP for offices sought wholly

within Dallas County, before the December 11, 2017 deadline, in accordance with The Texas

Election Code §§ 141.031, and 172.022 (a)(2).

13. An agent or agents of the DCDP accepted these petitions.

14. Thereafter, these applications were signed by an unknown individual or individuals

purporting to be Donovan, so certifying the candidates for inclusion on the primary ballot, in

violation of the Texas Election Code, §§ 141.037 and 72.029(a)(2).

15. The Primary Election is scheduled to be held on March 6, 2018, and early voting ballots were

initially scheduled to be mailed January 20, 2018.

1 Tex. Elec. Code §141.032(g).

CAUSE NO. 18-00821

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 B. THE 128 CANDIDATES WHOSE APPLICATIONS WERE NOT

SIGNED, ACCEPTED, AND CERTIFIED TO COMPLY BY THE

CHAIR OF THEIR PARTY ARE NOT ELIGIBLE FOR PLACEMENT

ON THE BALLOT BY THE SECRETARY OF STATE

16. The Texas Election Code states that a candidate’s application for a place on the ballot, must

be “be timely filed with the appropriate authority.”2

17. The Election Code also makes clear that for any office that is wholly within one county, a

candidate’s application for a place on a party’s primary ballot must be filed with that political

party, specifically with the County Chair or the County Party Secretary.3

18. The Election Code gives the Secretary of State the authority to create and prescribe different

forms for varying levels of government.4

19. The application form (Form 2-2), contains a further admonition within the form warning that

failing to provide required information could result in rejection of the application: “All fields

MUST be completed unless marked optional. Failure to provide required information may

result in rejection of application.”5

20. The Election Code requires that, once those applications are received by the appropriate

authority (for placement on the March 2018 Dallas Democratic Primary Ballot, the DCDP),

that “authority with whom the application is filed shall review the application to determine

2 Tex. Elec. Code §141.031(a)(3)

3 Tex. Elec. Code Section §171.021(a); §172.022(a)(2)
4 Tex. Elec. Code §141.031(d).
5 Plaintiffs’ App’x at 1.

CAUSE NO.
DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 5
 whether it complies with the requirements as to form, content, and procedure that the

application and petition must satisfy for the candidate’s name to be placed on the ballot.”6

21. After the relevant authority makes that determination, the Election Code requires it to certify

the names of all candidates who comply, as the names are written on the application, for

placement on the ballot.7

22. The County Chair, alone, is the presiding officer of a county party, under the Election Code.8

23. The Election Code designates the County Chair, alone, as the sole person responsible for

certifying and the sole person authorized to submit the names of complying candidates to the

Secretary of State.9, 10

24. Though the Secretary of State may prescribe deadlines by which these submissions must be

delivered, the Code makes very clear that those candidate submissions are to be made by the

Chair.11

25. The form also indicates, at the bottom, that the certification for submission to the Secretary

of State is “TO BE COMPLETED BY CHAIR.”

26. This authority may not be delegated except in very limited circumstances. In fact, the Code

only makes provision for a State Party Chair to perform a County Chairs’ job, and then only

makes this provision if: (a) there is an absence of County Party leadership; or (b) the County

6 Tex. Elec. Code Section §141.032(a).

7 Tex. Elec. Code Section §141.037.
8 Tex. Elec. Code Section §171.022(a)(1)
9 Tex. Elec. Code Section §172.029(a)(1).
10 Tex. Elec. Code Section §172.029(a)(2).
11 Tex. Elec. Code Section §172.029(c).

CAUSE NO. 18-00821

DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 6
 Chair does not perform a duty in a timely manner.12 However, even then, a State Chair must

make special notice to the County Chair or the County Executive Committee if he or she is

going to or has performed one of the Chair’s duties for him or her, including the submission

of candidate information under Section 172.29.13

27. If a County Party Chair has a reasonable impediment to being able to perform those tasks

which the Election Code requires of them with regard to Primary Elections, the County Chair

may request, in advance, that the State Chair or the State Chair’s Designee perform the duty

instead of the Chair.

28. But there is no provision in the Election Code that makes it possible or permissible for

anyone else to perform the Chair’s election duties.

29. On information and belief, Donovan made no such request to the Texas Democratic Party’s

Chair, nor is there any indication that the Texas Democratic Party Chair notified Donovan or

the DCDP of a determination that Donovan was not performing her duties in a timely

manner, so authorizing the State Chair to perform them.

30. Political Parties are expressly prohibited by the Code from making nominations to public

office by any other method.14

31. In the attached Appendix, Plaintiffs submit all 151 Applications submitted to the DCDP by

candidates (and submitted by the DCDP to the Secretary of State) for inclusion on the March

2018 Democratic Primary Ballot.

12 Tex. Elec. Code Section §172.130(a).

13 Tex. Elec. Code Section §172.130(a)-(b).
14 Tex. Elec. Code Section §161.003.

CAUSE NO.
DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 7
32. Donovan signed only 22 of these 151 Applications (plus her own). The remaining 128

applications bear someone else’s forgery of Donovan’s name – the forgeries do not

resemble Carol Donovan’s signature as it appears on her own application for inclusion on

the Democratic Primary Ballot for the Office of Party Chairman.

33. Only a county party Chair may accept applications for ballot access (or, in the narrow

exceptions provided by the Code, the State Chair or Designee) or submit complying

candidates to the Secretary of State for inclusion on the ballot.15

34. The following applications for the following candidates in the following districts were indeed

accepted and signed by the County Chair, with a signature that matches Defendant

Donovan’s signature on her own application for inclusion on the party primary ballot for

Party Chair:

1. Barbara Mallory Caraway, United States Representative District 30

2. Eddie Bernice Johnson, United States Representative District 30
3. Nathan Johnson, State Senator, District 16
4. Joe Bogen, State Senator, District 16
5. Robert Alonzo, State Representative, District 104
6. Thresa “Terry” Meza, State Representative District 105
7. Yvonne Davis, State Representative, State Representative, State Representative
111
8. Brandy K. Chambers, State Representative 112
9. Billy Ingram, State Representative 113
10. John Turner, State Representative 114
11. Martin Hoffman, District Judge, 68th Judicial District
12. Mary Brown, District Judge, 301st Judicial District
13. Cheryl Lee Shannon, District Judge 305th Judicial District
14. Clay Jenkins, County Judge
15. Sally Montgomery, Judge, County Court at Law No. 3
16. Brenda Hull Thompson, Judge, County Probate Court-at-Law No.1
17. Johnny J. Lanzillo IV, Judge, County Criminal Court of Appeals No. 2
18. Dan Patterson, County Criminal Court-at-Law CrtNo.1

15 Tex. Elec. Code Section §172.029(a)(1); §172.130(a)-(c).

CAUSE NO. 18-00821

DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 8
 19. John F. Warren, County Clerk
20. Curtis “Traylor” Harris, Constable Pct. 3
21. Jeff Bryan, Constable Pct. 5
22. Michael Orozco, Constable Pct. 5

35. The following applications for the following candidates in the following districts were not

accepted and signed by the County Chair, and are instead signed by a John Doe #1 with a

signature that does not match Defendant Donovan’s signature on her own application for

inclusion on the party primary ballot for Party Chair:

1. Royce West, State Senator, District 23

2. Eric Johnson, State Representative, District 100
3. Ana-Maria Ramos, State Representative District 102
4. Jessica Gonzalez, State Representative, District 104
5. A.D. Jenkins, State Representative, District 105
6. Victoria Neave, State Representative, District 107
7. Joanna Cattanach, State Representative District 108
8. Zac Duffy, State Representative District 108
9. Toni Rose, State Representative, District 110
10. Rhetta Andrews Bowers, State Representative, District 113
11. Rock Bower, State Representative, District 115
12. Julie Johnson, State Representative, District 115
13. Bonnie Lee Goldstein, District Judge 44th Judicial District
14. Jim Jordan, District Judge, 160th Judicial District
15. Craig Smith, District Judge 192nd Judicial District
16. Bridget Whitmore, District Judge 193rd Judicial District
17. Carl Ginsberg, District Judge 193rd Judicial District
18. Hector Garza, District Judge 195th Judicial District
19. Emily G. Tobolowsky, District Judge, 298th Judicial District
20. Dennise Garcia, District Judge, 303rd Judicial District
21. Tracy Holmes, District Judge, 363rd Judicial District
22. Carter Thompson, Criminal District Judge, Dallas County, Number 5
23. John Creuzot, Criminal District Attorney, Dallas County
24. D’Metria Benson, Judge, County Court-at-Law No.1
25. Mark Greenbert, Judge, County Court-at-Law No.5

CAUSE NO.
DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 9
 26. Julia Hayes, County Criminal Court-at-Law No. 2
27. Audrey Faye Moorehead, County Criminal Court-at-Law No. 3
28. Remeko Tranisha Edwards, County Criminal Court-at-Law No. 7
29. Carmen White, County Criminal Court-at-Law No. 8
30. Peggy Hoffman, County Criminal Court-at-Law No. 9
31. Wini Cannon, County Commissioner Pct. 2
32. Thomas G. Jones, Justice of the Peace, Pct. 1, Place 1
33. Valencia Nash, Justice of the Peace, Pct. 1, Place 2
34. Norris “Stretch” Rideaux, Justice of the Peace Pct. 4, Place 1
35. Fred “Action” Jackson, Justice of the Peace Pct. 4 Place 2
36. Sara Martinez, Justice of the Peace, Pct. 5, Place 1
37. Juan Jasso, Justice of the Peace, Pct. 5 Place 2
38. Tracey Gulley, Constable Pct. 1
39. Rolando Garcia, Constable Pct. 5
40. Susan E. Lopez-Craig

36. The following applications for the following candidates in the following districts are not

accepted and signed by the County Chair, and are instead signed by a John Doe #2 with a

signature that does not match Defendant Donovan’s signature on her own application for

inclusion on the party primary ballot for Party Chair:

1. John Biggan, U.S. Representative District 24

2. Eric Williams, U.S. Representative District 30
3. Sandra Crenshaw, State Representative, District 100
4. Christopher Graham, State Representative District 109
5. Deshaundra Lockhart Jones, State Representative District 109
6. Victoria Walton, State Representative District 109
7. Carl Sherman, State Representative District 109
8. Amanda Ghagar, District Judge, 68th Judicial District
9. Staci Williams, District Judge, 101st Judicial District
10. Tonya Parker, District Judge, 116th Judicial District
11. Bonnie Wulff, District Judge, 160th Judicial District
12. Lynda Lee Weaver, District Judge, 160th Judicial District
13. Aiesha Redmond, District Judge, 160th Judicial District
14. Gena Slaughter, District Judge, 191st Judicial District
15. Lindsay Harrison, District Judge, 193rd Judicial District

CAUSE NO. 18-00821

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 16. Joan Ballard, District Judge 193rd Judicial District
17. Ernest White, District Judge 194th Judicial
18. Teresa Hawthorne, District Judge, 203rd Judicial District
19. Raquel “Rocky” Jones, District Judge, 203rd Judicial District
20. Tammy Kemp, District Judge, 204th Judicial District
21. Stephen Duplantis, District Judge, 204th Judicial District
22. Darlene Ewing, District Judge, 254th Judicial District
23. Kim Cooks, District Judge, 255th Judicial District
24. Sandre Moncriffe, District Judge, 255th Judicial District
25. David Lopez, District Judge, 256th Judicial District
26. Myra Mcintosh, District Judge, 265th Judicial District
27. Jennifer Bennett, District Judge, 265th Judicial District
28. Amber Givens-Davis, District Judge, 282nd Judicial District
29. Lela D. Mays, District Judge, 283rd Judicial District
30. Stephanie N. Mitchell, District Judge, 291st Judicial District
31. Brandon Birmingham, District Judge, 292nd Judicial District
32. Sandra Jackson, District Judge, 302nd, Judicial District
33. Thelma Sanders Clardy, District Judge, 302nd, Judicial District
34. LaDeitra Adkins, District Judge, 304th Judicial District
35. Andrea Martin, District Judge, 304th Judicial District
36. Andrea Plumlee, District Judge, 330th Judicial District
37. Tina Yoo Clinton, Criminal District Judge, Dallas County Number 1
38. Monique Ward, Criminal District Judge, Dallas County Number 1
39. Jeanine Howard, Criminal District Judge, Dallas County Number 6
40. Alison Grinter, Criminal District Judge, Dallas County Number 6
41. Mark Watson, Criminal District Judge, Dallas County Number 7
42. Heath Harris, Criminal District Judge, Dallas County Number 7
43. Elizabeth Davis Frizell, Criminal District Attorney Dallas County
44. Dorotha Ocker, Judge, County Court-at-law No 2
45. Melissa J. Bellan, County Court-at-law No 2
46. Rachel Rider, County Court-at-law No 4
47. Tanja Martini, County Court-at-law No 4
48. Ken Tapscott, County Court-at-law No 4
49. Paula Rosales, County Court-at-law No 4
50. Ingrid Michelle Warren, Judge, County Probate Court-at-Law No.2
51. Margaret Jones-Johnson, County Probate Court-at-Law No.3
52. Marty Jo Taylor, Judge, County Criminal Court of Appeals, No. 1
53. Kristin Wade, Judge, County Criminal Court of Appeals, No. 1

CAUSE NO.
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 54. Pamela Luther, Judge, County Criminal Court of Appeals, No. 2
55. Bruce Kaye, County Criminal Court of Appeals, No. 2
56. Marilynn Mayse, County Criminal Court of Appeals, No. 2
57. Roberto Canas, County Criminal Court-at-Law, No. 10
58. Etta J. Mullin, County Criminal Court-at-Law, No. 10
59. Shequitta Kelly, County Criminal Court-at-Law, No. 11
60. Symone Redwine, County Criminal Court-at-Law, No. 3
61. Nancy C. Mulder, County Criminal Court-at-Law, No. 4
62. Lisa Green, County Criminal Court-at-Law, No. 5
63. Angela M. King, County Criminal Court-at-Law, No. 6
64. Felicia Pitre, District Clerk
65. Marian Brown, Sheriff
66. Roy Williams, Jr., Sheriff
67. Pauline Medrano, County Treasurer
68. Elba Garcia, County Commissioner, Pct. 4
69. Anthony Elland, Justice of the Peace, Pct. 2, Place 1
70. Margaret O’Brien, Justice of the Peace, Pct. 2, Place 1
71. Katina Whitfield, Justice of the Peace, Pct. 2, Place 2
72. Shannon Bradford, Justice of the Peace, Pct. 3, Place 1
73. Mauri Long, Justice of the Peace, Pct. 3, Place 2
74. Mike Jones, Justice of the Peace, Pct. 4, Place 1
75. Sasha Moreno, Justice of the Peace, Pct. 4, Place 2
76. Katy Hubener, Justice of the Peace, Pct. 4, Place 2
77. Andrew “Bundy” Goldsmith, Justice of the Peace, Pct. 5, Place 2
78. Alvin “AJ” Johnson, Constable Pct. 1
79. Bill Gipson, Constable Pct. 2
80. Curtis “Traylor” Harris, Constable Pct. 3
81. Kevin Solomon, Constable Pct. 4
82. Bryan D. Woodard, Constable Pct. 4
83. Edward Wright, Constable Pct. 4
84. Donald G. Artis, Constable Pct. 4
85. Sha Steger Knight, Constable Pct. 4
86. Ron E. Bivins, Constable Pct. 4
87. Beth Villarreal, Constable Pct. 5
88. Henry Brown, Justice of the Peace Pct. 2, Place 2

CAUSE NO. 18-00821

DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 12
37. The DCDP sent certifications of compliance to the Secretary of State for 128 Candidates

whose applications were accepted in violation of the Election Code. No candidate wrongly

accepted by an unauthorized individual can legally be included on a ballot for the March

2018 primary election.

C. THE DCRP TIMELY FILES THIS CHALLENGE TO THE 128

CANDIDATES’ INCLUSION ON THE PRIMARY BALLOT

38. The Election Code authorizes challenges to the form, content, and procedure of an

application until the end of the day before any ballot to be voted on via early mail voting has

been mailed out.16 Early voting ballots for voting by mail were initially scheduled to be

mailed out by the Dallas County Elections Department on Saturday January 20, 2018.

39. The Original Petition in this matter initiated a challenge, well within this time limit, to the

form of, content of, and procedure related to the acceptance of the applications of the 128

candidates’ whose applications were not accepted and submitted by the DCDP Chair.

VI.CAUSES OF ACTION

Count One – Declaratory Judgment

40. The Plaintiffs re-allege and incorporate-by-reference the facts and allegations set forth above.

41. A justiciable controversy has arisen between the Plaintiffs and the Defendants. The Plaintiffs

ask the Court to declare that the 128 Candidates whose applications were not accepted by

Donovan before their wrongful submission to the Secretary of State are not eligible for

inclusion on either the March 2018 Democratic Primary Ballot or the November 2018

General Election Ballot.

16 Tex. Elec. Code §141.034.

CAUSE NO.
DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 13
42. It was necessary for the Plaintiffs to employ counsel to prosecute this action. In accordance

with § 37.001 et seq. of the Texas Civil Practice & Remedies Code, the Plaintiffs are entitled

to recover their reasonable and necessary attorneys’ fees and costs herein, for which they now

sue.

43. All conditions precedent to recovery have been performed, have occurred, or have been

waived.

Count Two -- Application for Temporary Restraining Order & Temporary

Injunction

44. The Plaintiffs re-allege and incorporate-by-reference the facts and allegations set forth above.

45. One of the principal purposes behind the Texas Election Code is the prevention of election

fraud and electoral misconduct, and to protect the integrity of the electoral process. Tex. Elec.

Code §1.003(a); In re Bell, 91 S.W.3d 784, 787 (Tex. 2002). “A person who is being harmed

or is in danger of being harmed by a violation or threatened violation of this code is entitled

to appropriate injunctive relief to prevent the violation from continuing or occurring.” Tex.

Elec. Code § 273.081.

46. The DCDP has submitted to the Secretary of State, in violation of the provisions of the Texas

Election Code in Section 172.029(a), 128 different candidates for inclusion in the March

2018 Democratic Primary Ballot, who were not accepted by the DCDP Chair Donovan. It is

past the statutory deadline set by the Secretary of State for any additional Applications to be

submitted to the Secretary of State by the DCDP.

47. Many of the 128 identified candidates seek offices for which the DCRP was unable to timely

certify to the Secretary of State its receipt of a statutorily compliant candidate application.

CAUSE NO. 18-00821

DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 14
 When no party timely submits to the Secretary of State the name of a candidate certified by

the proper authority as having met the application requirements established by the Election

Code for inclusion on a primary ballot, the Election Code authorizes the parties to

subsequently nominate a designated candidate for office. Accordingly, the Plaintiffs are in

danger of being denied their statutory right to designate nominees for the many offices for

which Donovan, the only individual with the statutory authority to certify candidates’

compliance and submit them to the Secretary of State, did not do so.

48. Others of the 128 identified candidates seek offices for which the DCRP did timely certify to

the Secretary of State its receipt of one or more statutorily compliant candidate applications.

In these instances, the Plaintiffs are in danger of being harmed by having to face an

opponent in the November 2018 General Election, who the Texas Election Code bars from

inclusion as a candidate. Risner v. Harris County Republican Party, 444 S.W.3d 327, 345

(Tex. App.—Houston [1st Dist] 2014, writ of mandamus denied, 2014 Tex. LEXIS 801 (Tex.

September 8, 2014)).

49. The DCRP, and Shorey, have complied with their statutory obligations. They, and their

candidates, would suffer harm from upholding the stringencies of the Election Code, when

their counterparts have not done the same. Additionally, the Plaintiffs, like all Dallasites,

would suffer harm in the form of the damages to the integrity of the elections process that

would result from an unequal application of the law allowing 128 candidates onto the ballot,

despite the DCDP’s flagrant, willful, systematic submission of candidates to the Secretary of

State who had not been certified as compliant by Donovan.

CAUSE NO.
DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 15
50. The injunctive relief sought herein is necessary to adequately protect the interests of the

Plaintiffs, and the voting public, from election fraud, misconduct, and manipulation of the

election process. The Plaintiffs do not have an alternative, after-the-fact, adequate remedy at

law. If a temporary restraining order is not immediately entered, there is a substantial

likelihood that the Defendants will allow the 128 identified candidates to be placed on March

2018 Democratic Primary Ballot, and, thereafter, on the November 2018 General Election

Ballot, all in violation of the Texas Election Code.

51. The Plaintiffs will suffer immediate and irreparable harm unless the Defendants, their agents,

representatives, servants, employees, affiliates, and anyone with actual or constructive

knowledge of this injunction are immediately restrained from, directly or indirectly, engaging

in the following acts:

(a) Certifying any of the identified candidates for inclusion on the March 2018

Democratic Primary Ballot;

(b) Certifying any of the identified candidates as DCDP nominees on the November

General Election Ballot as a result of participation in the March 2018 Democratic

Primary;

(c) Verifying or certifying the printing of ballots including any of the identified

candidates’ names as candidates for office in the March 2018 Democratic Primary or

in the November 2018 General Election;

(d) Conducting any Primary Election, or authorizing anyone else to conduct on their

behalf a Primary Election, in which any of the identified candidates are listed as

candidates for office;

CAUSE NO. 18-00821

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 (e) Conducting the November 2018 General Election, participating in the November 2018

General Election, or authorizing anyone else to conduct on their behalf the November

2018 General Election, to the extent that any of the identified candidates is listed as

the DCDP’s primary winner for any office or as the DCDP’s nominee for any office;

and/or

(f) Declaring each and every any identified candidate ineligible under Tex. Elec. Code

§145.003(f);

52. The Plaintiffs have a substantial likelihood of prevailing on the merits. Given the high

likelihood that the Plaintiffs will prove that the Defendants did not comply with the Election

Code and prevail on the merits, no legitimate harm or prejudice will result to the Defendants

from the Court granting the requested injunctive relief before trial. On the other hand, the

Plaintiffs will suffer immediate and irreparable harm from a denial of such injunctive relief.

53. There is no remedy at law for Plaintiffs’ additional statutory rights if the TRO is not granted.

The Texas Election Code provides that when there has not been a Primary Election in either

party, the County Party Committees may so appoint a representative to represent them on the

ballot. If the TRO is granted, wherever there is no Republican candidate yet identified for an

office effected by the TRO, no primary race would held for that office in either party, leaving

both Parties the statutory right to appoint a nominee for the November election. However, if

the TRO is not granted, and the Plaintiffs were to prevail between the Primary and the

General Election, because the Democratic Party held a primary, the Plaintiffs could not

appoint a representative to represent them in November.

VII.CONDITIONS PRECEDENT

CAUSE NO.
DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 17
54. All conditions precedent necessary for Plaintiffs to have and recover in this action have been

performed, have occurred, or have been waived.

WHEREFORE, PREMISES CONSIDERED, the DCRP, acting through Shorey,

respectfully requests that: (a) citation issue and process be served on the DCDP and Carol

Donovan, its Chairwoman; (b) the Court grant both a Temporary Restraining Order, and, after a

hearing, both a Temporary Injunction and a Permanent Injunction against Defendants; and (c) the

Court grant the Plaintiffs a declaratory judgment as requested, including in its relief the

Plaintiffs’ reasonable and necessary attorney’s fees incurred prosecuting this action, costs and

expenses of suit herein, and both pre- and post-judgment interest on all monetary relief sought

herein at the highest rates allowed by law. Finally, the Plaintiffs ask for any other and further

relief to which the Court determines the Plaintiffs may be justly entitled.

CAUSE NO. 18-00821

DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 18
 RESPECTFULLY SUBMITTED this 22nd day of January, 2018.

/s/Elizabeth D.Alvarez
Elizabeth D. Alvarez
Texas Bar No. 24071942

Law Office of Elizabeth Alvarez

555 Republic Drive Ste 200
Plano, Tx 75074

Telephone: (972) 422-9152

Facsimile: (972) 767-3655
E-mail: Elizabeth@alvareztxlaw.com

COUNSEL FOR PLAINTIFFS

DALLAS COUNTY REPUBLICAN PARTY;
& MISSEY SHOREY

CAUSE NO.
DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 19
 LOCAL RULE CERTIFICATION
In accordance with Local Rule 2.02, the undersigned hereby certifies that at least two hours
before presenting this application to the Court, the undersigned notified the Defendants of this
application. The undersigned sent a copy of the application and proposed order to Defendants via
email to those Defendants whose e-mail address the undersigned was aware of notifying them of
Plaintiffs’ intention to present this application to the Court ex parte as follows:

Carol Donovan – carol@dallasdemocrats.org

Sarah Duncan - sduncanattorney@gmail.com

In the e-mail, the undersigned provided his cell phone number so that Defendants could contact
her. At least two hours before presenting this application to the Court, the undersigned notified
the following Defendants of the application by telephone and sent the Defendants who provided
her with their e-mail addresses a copy of the application and proposed order as follows:

/s/Elizabeth D. Alvarez
Elizabeth Alvarez

CAUSE NO. 18-00821

DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 20
 VERIFICATION

STATE OF TEXAS §

COUNTY OF DALLAS §

I, Davin Bernstein, state and declare that I am over 21 years of age and fully competent to make
this declaration. The facts set forth herein are true and correct and are within my personal
knowledge. I have read the foregoing Plaintiffs’ First Amended Petition Challenging the
Certification of the Improperly Certified Democratic Candidates Application for a Place on the
Democratic Primary Ballot, Application for Temporary Restraining Order, & Application for
Temporary Injunction, and that the facts stated in paragraphs 4-7, 3-32, 37-43, and 45-47, are
within my personal knowledge and are true and correct, unless otherwise qualified therein.

My name is Davin Bernstein, my date of birth is 08/24/1965, and my address is 228 Hollywood
Drive, Coppell, Tx, 75019. I declare under penalty of perjury that the foregoing is true and
correct.

Executed on January 22, 2018.

________________________________
Davin Bernstein
Administrator, Dallas County Elections Department

CAUSE NO.
DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 21
CERTIFICATE OF SERVICE

I certify that on January 22, 2018, I served a copy of this Petition on all counsel of record in
accordance with the Texas Rules of Civil Procedure via email, and through service of process.

DEFENDANTS

DCDP & Donovan

Carol Donovan
carol@dallasdemocrats.org
Dallas County Democratic Party
4209 Parry Ave, Dallas, TX 75223

COUNSEL TO THE DEFENDANTS

DCDP & Donovan
Sarah Duncan
sduncanattorney@gmail.com
Sarah Duncan, Attorney-at-Law
3500 Maple Ave, Dallas, TX 75219

/s/ Elizabeth D. Alvarez

Elizabeth D. Alvarez

CAUSE NO. 18-00821

DCRP v. DCDP – Plaintiffs’ First Amended Petition & Application for TRO / Temporary Injunction Page 22
 CAUSE NO. ____________

THE DALLAS COUNTY REPUBLICAN § IN THE DISTRICT COURT

REPUBLICAN PARTY, §
MISSY SHOREY as Dallas County §
Republican Party Chair, §
PLAINTIFFS, §
§
v. § ______ JUDICIAL DISTRICT
§
§
THE DALLAS COUNTY DEMOCRATIC §
PARTY, CAROL DONOVAN, as the §
Dallas County Democratic Party Chair, §
DEFENDANTS. § DALLAS COUNTY TEXAS

__________________________________________________________________________

PLAINTIFFS’ APPENDIX IN SUPPORT OF PLAINTIFFS’ ORIGINAL

PETITION & APPLICATION FOR TEMPORARY RESTRAINING ORDER
AND APPLICATION FOR A TEMPORARY INJUNCTION

__________________________________________________________________________

CAUSE NO.
DCRP v. DCDP, et al,
PLAINTFFS’ APPENDIX TO THEIR ORIGINAL PETITION, APPLICATION
FOR A TEMPORARY RESTRAINING ORDER, & APPLICATION FOR TEMPORARY INJUNCTION
 TABLE OF CONTENTS

EXHIBIT A: CHAIRWOMAN CAROL DONOVAN’S APPLICATION...................................................1

EXHIBIT B: CATEGORY ONE APPLICATIONS: APPLICATIONS SIGNED BY CAROL

DONOVAN...................................................................................................................................2-23

CATEGORY TWO: APPLICATIONS SIGNED BY JOHN DOE #1.................................................24-64

CATEGORY THREE: APPLICATIONS SIGNED BY JOHN DOE #2.............................................67-156

CERTIFICATE OF SERVICE..........................................................................................................158

CAUSE NO.
DCRP v. DCDP, et al,
PLAINTFFS’ APPENDIX TO THEIR ORIGINAL PETITION, APPLICATION
FOR A TEMPORARY RESTRAINING ORDER, & APPLICATION FOR TEMPORARY INJUNCTION
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 RESPECTFULLY SUBMITTED this 19th day of January, 2018.

s/Elizabeth D. Alvarez
Elizabeth D. Alvarez
Texas Bar No. 24071942

Law Office of Elizabeth Alvarez

555 Republic Drive Ste 200
Plano, Tx 75074

Telephone: (972) 422-9152

Facsimile: (972) 767-3655
E-mail: Elizabeth@alvareztxlaw.com

COUNSEL FOR PLAINTIFFS

DALLAS COUNTY REPUBLICAN PARTY;
& MISSEY SHOREY

CAUSE NO.
DCRP v. DCDP, et al,
PLAINTFFS’ APPENDIX TO THEIR ORIGINAL PETITION, APPLICATION
FOR A TEMPORARY RESTRAINING ORDER, & APPLICATION FOR TEMPORARY INJUNCTION
APPENDIX PAGE 157
 CERTIFICATE OF SERVICE

I certify that on January 18th, 2018, I served a copy of this Petition on all counsel of record in
accordance with the Texas Rules of Civil Procedure via email, and/or through service of process.

DEFENDANTS

DCDP & Donovan

Carol Donovan
carol@dallasdemocrats.org
Dallas County Democratic Party
4209 Parry Ave, Dallas, TX 75223

COUNSEL TO THE DEFENDANTS

DCDP & Donovan
Sarah Duncan
sduncanattorney@gmail.com
Sarah Duncan, Attorney-at-Law
3500 Maple Ave, Dallas, TX 75219

/s/ Elizabeth D. Alvarez

Elizabeth D. Alvarez

CAUSE NO.
DCRP v. DCDP, et al,
PLAINTFFS’ APPENDIX TO THEIR ORIGINAL PETITION, APPLICATION
FOR A TEMPORARY RESTRAINING ORDER, & APPLICATION FOR TEMPORARY INJUNCTION
APPENDIX PAGE 158