EI Paso County - 41st District Court Filed 9/14/2018 6:21 PM Norma Favela Barceleau District Clerk IN THE DISTRICT COURT OF EL PASO COUNTY, TEXAS orenonnty JUDICIAL DISTRICT JOHN CARRILLO, NORMA CHAVEZ AND ENRIQUE GARCIA Petitioners, CAUSE NO. v VERONICA ESCOBAR AND LISA WISE Respondents ORIGINAL PETITION INITIATING ELECTION CONTEST, REQUEST FOR DISCLOSURE, REQUEST FOR PRODUCTION, MOTION TO MODIFY STANDARD DISCOVERY PROCEDURES, MOTION FOR 30-DAY CONTINUANCE OF TRIAL, MOTION TO INSPECT ELECTION RECORDS OF DEMOCRATIC PARTY OF TEXAS, MOTION TO INSPECT ELECTION RECORDS FOR EL PASO COUNTY, REQUEST FOR EXPEDITED HEARING ON PENDING MOTIONS, AND REQUEST FOR INJUNCTIVE RELIEF REGARDING DUE PROCESS CLAIM Petitioners John Carrillo, Norma Chavez, and Enrique Garcia, initiating an election contest under the Texas Election and asserting a related due process claim under the Texas Constitution against Respondents Veronica Escobar and Lisa Wise, respectfully shows: ELECTION CONTEST. 1. This original petition initiating an election contest is led pursuant to Section 232.002 and 232,005 of the Election Code. 2, ‘Under Section 232.009(a) of the Election Code, the El Paso County District Clerk must "promptly deliver written notice of the filing to the presiding officer of the final canvassing authority for the contested election." As required by Section 232.009(d), Petitioners provide the following name and address of the person to whom that notice must be delivered: Illiana Noemi Holguin, 1401 Montana Avenue, Suite E, El Paso, Texas 79902, 3. As required by Section 232.008 (d) of the Election Code, Petitioners delivered a copy ofthis original petition to the Texas Secretary of State on or before the filing deadline, 4, In the Democratic Party of Texas primary election held March 6, 2018, John Carrillo, Norma Chavez, and Enrique Gareia and Veronica Escobar sought their party's nomination for the office of US. Congressional Representative for District 16 5, The unofficial final election results of the Democratic primary election issued by the Democratic Party of ‘Texas issued on March 6, 2018, states that Veronica Escobar received more votes than John Carrillo, Norma Chavez, and Enrique Gareia combined and therefore Veronica Escobar is currently the party's nominee for the relevant office in the November 2018 general election, 6, John Carrillo, Norma Chavez, and Enrique Garcia assert that the outcome of the contested election, as shown by the unofficial final election results, is not the true outcome. See Section 221.003 (a), Blection Code, 7. Jobn Canillo, Norma Chavez, and Enrique Garcia generally contend that an clection officer or other person(s) officially involved in the administration of the election, including Lisa Wise, engaged in fraud or illegal conduct as defined by Section 221.003 (a)(2)(C) of the Election Code, to wit, tampering with the initial programming of some of the hard drives before the election began and distributing those hard drives to the high producing voting locations to extract votes from Petitioners for the benefit of ‘Veronica Escobar. 8. Enrique Garcia officially requested an external independent audit on December 7, 2017, from the El Paso Elections Department to ensure accuracy of the equipment and election process prior to the primary election, but the request was denied on December 11, 2017. (attached as Exhibit A) 9. Petitioners reserve the right to timely amend this original petition if additional evidence concerning the counting of votes, fraud, illegal conduct, or mistakes related to the contested election is discovered. DISCOVER’ ST 10. Pursuant to Texas Rule of Civil Procedure 194, Petitioners request that Respondents, within nine days of the service of this document, disclose and serve by hand-delivery the information andmaterial described in Rule 194.2. 11, Pursuant to Texas Rule of Civil Procedure 196, Petitioners request that Respondents produce for inspection and copying: (@) all documents that establish or otherwise support the claim that the outcome of the contested election, as shown by the final canvasy, is the true outcome; (b) all documents that establish or otherwise support the claim that the outcome of the contested election, as shown by the final canvas, is not the true outcome; and (c) all documents that discuss, concern, or otherwise relate to whether the outcome of the Contested election, as shown by the final canvass, is or is not the true outcome, 12. Petitioners request that Respondents produce the documents described in paragraph 13 at the following date, time, and place: nine days after the service of this document; 10:00 an.; business office of Enrique Garcia, MOTION TO MODIFY STANDARD DISCOVERY PROCEDURES 13. Pursuant Texas Rule of Civil Procedure 191.1, Petitioners request that the Court sign an order shortening the time allowed for Respondents to comply with the discovery requests set forth above. 14. Petitioners further request that the Court sign an order requiting that Respondents’ response to the request for disclosure be hand-delivered. 15. The foregoing modifications to standard discovery procedures are necessary because of the accelerated procedures that apply (o this primary election contest. For example, the trial would be over before the disclosures and documents were due if the standard discovery deadlines remain applicable. ‘The foregoing reasons constitute good cause for the requested relief, MOTION FOR 10-DAY CONTINUANCE OF TRIAL 16. Under Section 232.012 of Election Code, accelerated procedures apply to the trial of this primary election contest.17, Section 232.012(b) - (¢) of the Election Code provides: (b) When the contestant's petition is filed, the district clerk shall immediately notify the district judge of the filing, (©) A contestee must file an answer to the contestant's petition not later than 10 a.m. of the fifth day afier the date of service of citation on the contestee. ‘The citation issued for the contestee must command the contestee to answer by the specified deadline and must direct the officer receiving the citation to return it unserved if it is not served within 10 days after the date of issuance, (@) Aller the clerk receives the off promptly notify the district judge of that fact. ‘The judge shall set the contest for trial for a date not later than the fifth day after the date by which the contestee st answer. (©) The district judge may not grant a continuance in the trial except: (1) one time for a 's return showing service of citation, the clerk shall period not exceeding 10 days for good cause supported by the affidavit ofa party; or (2) with the consent of the parties. (emphasis added) +18, Pursuant to Section 232.012{e) of the Election Code, Petitioners request that the Court sign an order granting them a 10-day continuance of the trial. 19, Petitioners need the requested 10-day period (and more) to inspect election revords held by the Democratic Party of Texas and EI Paso County, conduct a forensic analysis on the computers and hard drives used in the election, review the disclosures and documents provided by Respondents in response to Petitioners discovery requests, and prepare and serve numerous trial subpoenas, and to otherwise properly prepare for trial. The foregoing reasons constitute good cause for the requested relief. 20, This motion for continuance is supported by the affidavit of Enrique Garcia attached to this document as Exhibit B. MOTION TO INSPECT ELECTION RECORDS OF DEMOCRATIC PARTY OF TEXAS. 21, Petitioners request that the Court sign an order allowing Petitioners and/or their attorney(s) of record to review the following election records and other documents in the possession, custody, or control of the Democratic Party of Texas: (a) the unofficial final election results issued March 6, 2018, and all supporting and related documents;(b) any amended " unofficial final election results,” and all support and related documents; (©) any local canvasses that were reported after the unofficial final election results issued March 6, 2018 was completed, and all supporting and related documents; (@ all documents that establish or otherwise support the claim that the outcome of the contested election, as shown by the unofficial final election results, isthe true outcome; (c) all documents that establish or otherwise support the claim that oufcome of the contested election, as shown by the unofficial final election results, is not the true outcome; and (all documents that discuss, concern, or otherwise relate (o whether the outcome of the contested election, as shown by the unofficial final election results, is or is not the true outcome, MOTION TO INSPI 22, Petitioners desires to perform a partial pretrial audit ofthe election records, disk drives and computers used in the election process (including "secured” items) in the possession, custody, or control of the El Paso County Elections Administrator which relate to contested election, 23, Petitioners desire access to all election records related to absentce voting and the central counting station, 24, Petitioners further desires access to all election records related to ten percent of the early voting by personal appearance and ten percent of the election day polling places. 25, Section 221.008 of the Texas Election Code provides: A voting machines, or other equipment used in the election to be unsecured 10 yunal hearing an election contest may cause secured ballot boxes, determine the correct vote count or any other fact that the tribunal considers pertinent to a fair and just disposition of the contest. 26, Petitioners request that the Court sign an order allowing Petitioners, their attomney(s), and/or their designated expert(s) to access, under the direct supervision of the EI Paso County Elections Administrator and/or her agent(s), the foregoing election records.27. Petitioners further request that the Court sign an order allowing Petitioners, their attorney(s), and/or their designated exper(s) to review the following election records, computer and hard drives used in the election process, and other documents in the possession, custody, or control of the El Paso County Elections Administrator: (@) the unofficial final election results, and all supporting and related documents; (>) any amended " unofficial final clection results," and all supporting and related documents; (©) all documents that establish or otherwise support the claim that the vote totals of the contested election in El Paso County, as shown by the unofficial final election results, are correct; (@ all documents that establish or otherwise support the claim that the vote totals of the contested election in Bl Paso County, as shown by the unofficial final election results, are not correct; and (©) all documents that discuss, concer, ot otherwise relate to whether the vote totals of the contested elect in EI Paso County, as shown by the unofficial final election results, are or are not correct. REQUEST FOR EXPEDITED HEARING ON PENDING MOTIONS 28. An expedited hearing on the foregoing motions is necessary because of the accelerated procedures that apply to this primary election contest. 29. Petitioners requests that the Court set a hearing on the motions contained in this document at the earliest possible time, REQUEST FOR INJUNCTIVE RELIEF REGARDING DUB PROCESS CLAIM 30. The accelerated procedures required by the Election Code, as applied to this primary election contest, violate Article I, Section 13 and 19 of the Texas Constitution. 31, The accelerated procedures are manifestly inadequate to allow discovery of mistakes or fraud affecting the true outcome of the contested election. Under the accelerated procedures, only the ‘most open and obvious mistakes and/or frand are discoverable, 32. Petitioners requests that the Court enjoin the application of any Election Code provision that, as applied to this primary election contest, violates the Texas Constitution, 33. Petitioners request that the Court enjoin the certification of the final canvass, until the true‘outcome of the contested electior s declared by said Court after Petitioners have had an opportunity to inspect the election records of this contested election. cl 33. _Alll conditions precedent have been performed or have occurred. REQUEST FOR RELIEF 34, Based on the foregoing, Petitioners request that the Court ascertain the true outcome of the contested election and declare the outcome or, the alternative, declare the contested election void and order a new election. 35. Petitioners also seeks ensts of suit and all other relief, in law and in equity, to which we may be entitled, Respectfully submitted, Js! Norma Chaves ‘Norma Chavez, Pro Se TinigqueAiarcia, Pro SeEXHIBIT AENRIQUE FOR CONGRESS NEW VOICE * NEW VISION Enrique Garcia for Congress Committee 3204 Montana Avenue FI Paso. exes 79903 RM: Request for External Independont Audit of Voting Process / Equipment for upcoming Primary Election 2018 Deor Sir o Madam: We are formally requesting that an External Independent Audit of El Paso’s voting process and equipment be conducted PRIOR to the 2018 Primary Election. As you are aware, the El Paso County Elections Department le responsible for conducting all todoral, sats, and oounty wlectlons, Due 1 the {uot that Russia meddied into our Presidential election process last year and since one of the Congressional Candidates was previously in charge of the Is| Paso Comnty Hlections Tepartment, we are making, this s fait and accurate for all candidates, We would also like fonual request ty ciusute Chest Ure vl (0 eliminate any doubts as to the legitimacy of our election process to make sure that everyone's vote is iy ures accounted for with the highest level of professionalism, accuracy, efficiency and integrity. Sincerely, BnriqueGarcia, Esq. RECEIVED DEC O70 Ye te Fra’ ELECTIONS DEPARTMENTEXHIBIT BSTATE OF TEXAS EL PASO COUNTY AFFIDAVIT OF ENRIQUE GARCIA, PETITIONER, IN SUPPORT OF MOTION FOR 10-DAY CONTINUANCE OF TRIAL, Before me the, undersigned notary, on this day personally appear Enrique Garcia, a person whose identity is known to me. After I administered an oath to him, upon his oath he stated: J, "My name is Enrique Garcia, I am over 18 years of age, of sound mind, and capable of making this affidavit, ‘The facts in this affidavit are within my personal knowledge and are true and correct, 2, Thave been licensed to practice law in Texas since 2007. I have been a practicing attorney since 2007. I am currently in private practice in BJ Paso, Texas. 3, I need the requested 10 day period (and more) to inspect election records held by the Democratic Party of Texas and El Paso County, audit hard drives and computers used in the election, review the disclosures and documents provided by Respondents in response to my discovery requests, prepare and serve numerous trial subpoenas, and to otherwise properly prepare for the trial. 4, In my opinion, the foregoing reasons constitute good cause for granting the requested 10- day continuance." ‘Sworn to and subscribed before me by Enrique Garcia on March 13, 2018. Pe, ‘CARLOS E AUVALCABA THEO ‘Notary Public in and for pc ge Pa, Snt os the State of Texas i ‘Comm. Expires 08-05-2021 inv _Notery1D 129549201 My commission expires: 09/05/21