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Cold night ahead with surface high pressure in the region. Winds will become southeast Friday into the weekend as high pressure moves east. An increase in clouds will occur as well. Next cold front due in late Monday with a chance of showers and maybe a thunderstorm. ...
Getz plans court action to compel 5-2 election plan if judge cancels November vote
BEAUMONT - Attorney Michael Getz says if a judge this coming Monday cancels the November 5 Beaumont school board election then Getz plans to file for a court order compelling BISD told an election under a 5-2 voting plan as quickly as possible.
FRIDAY NEWS RELEASE FROM MICHAEL GETZ:
This is the settlement proposal that I extended to BISD at the Board Meeting of October 17, 2013.
I heard nothing back from them today.
It appears that they are going to request that Judge Floyd violate the law by requesting that he cancel the election. He does not have the legal authority to do so. A hearing is set for Monday morning, preceded by a special school board meeting at 7:45 a.m.
We will have to wait and see what Judge Floyd does. If he cancels the election, we will file a court action to compel BISD to hold a 5-2 election as soon as possible.
If Judge Floyd decides to follow the law and does not act to cancel the election, we will file an election contest to set the election aside, even if Joey Hilliard is the winning candidate. The reason is that we cannot allow BISD to have this election go forward without it being under a 5/2 format. The Election Code states that following the passage of the proposition, the change from a 7/0 to a 5/2 SHALL be enacted at the first election following the passage of the proposition. This would be that election. If we waited and did not challenge it, then at the next election, BISD would be able to assert that we waived our rights by not filing a challenge to the election and that would be the second election following the passage of the proposition so that it is a moot point.
We cannot allow that to happen.
So BISD will probably spend tens of thousands of taxpayer dollars on an election that is destined to be set aside in an election contest. Very sad.