In re Anette Carlisle

Summary

The Supreme Court of Texas held that reimbursement for reasonable expenses received by an Amarillo Independent School District trustee did not make the trustee's position a "lucrative office" under Article III, Section 19 of the Texas Constitution. The court conditionally granted mandamus and directed the chair of the Republican Party of Texas to certify Anette Carlisle as a candidate for State Representative for District 87.

Holdings

1. A school-board position is not a 'lucrative office' when the officeholder receives only reimbursement for reasonable expenses and no compensation for services, even if meal reimbursement does not require receipts.
2. The Republican Party chair had a legal duty under the Texas Election Code to certify Carlisle as a candidate, and the Supreme Court of Texas conditionally granted mandamus directing the chair to take all actions necessary to certify her.

Questions Presented

1. Whether reimbursement of expenses, including meals reimbursed without receipts, made Carlisle's school-board position a 'lucrative office' under Article III, Section 19 of the Texas Constitution.
2. Whether the Republican Party chair had a duty under the Texas Election Code to certify Carlisle as a candidate and whether mandamus relief should issue.

Disposition

writ_granted