In re Steven Hotze, M.D., Hon. Allen West, Republican Party of Texas, Hon. Sid Miller, Hon. Mark Henry, Hon. Charles Perry, Hon. Pat Fallon, Hon. Bill Zedler, Hon. Cecil Bell, Jr., Hon. Steve Toth, Hon. Dan Flynn, Hon. Matt Rinaldi, Hon. Rick Green, Hon. Molly White, Harris County Republican Party/Hon. Keith Nielsen, Hon. Bryan Slaton, Hon. Robin Armstrong, M.D., Jim Graham, Hon. Cathie Adams, Hon. Joann Fleming, Julie McCarty, Sharon Hemphill, and Al Hartman

Summary

Justice Devine dissented from the Texas Supreme Court's order denying a petition for writ of mandamus and motion for stay concerning the Governor's proclamation suspending certain Election Code provisions. The dissent argues that the mandamus petition was timely and that the Secretary of State had statutory duties subject to mandamus review, including duties implicated by the allegedly unconstitutional proclamation.

Questions Presented

1. Whether the Supreme Court of Texas should exercise mandamus authority to compel the Secretary of State to perform statutory duties under the Election Code.
2. Whether the Secretary of State's implementation of the Governor's proclamation constituted an abuse of discretion or otherwise implicated a ministerial duty subject to mandamus.
3. Whether the mandamus petition was untimely in light of the importance of the electoral interests at stake.
4. Whether relators, including ballot candidates and a county judge subject to the proclamation, had standing to seek mandamus relief.

Disposition

writ_denied