Saturday, October 12, 2024
Hood County politics has ramped up within the last couple months, as many residents have expressed frustration over the latest district clerk nomination.
With tensions on the rise, Roberta Zamarron decided to take a stand against what she calls an unjust nomination process by the Hood County Republican Party executive committee.
Zamarron, the current interim district clerk, filed a lawsuit last week against the HCRP, Republican Party Chair Greg Harrell and Elections Administrator Stephanie Cooper for allegedly violating the party bylaws and key election laws.
She alleges that during the HCRP executive committee meeting June 26, the committee did not adhere to proper procedures when allowing her opponent, Melanie Graft, to participate in the voting process for the district clerk nomination.
Graft, who serves as the Precinct 408 Chair and is a member of the Granbury Independent School District board of trustees, was nominated for the position during that meeting. Zamarron was appointed to the role by Judge Bryan Bufkin following the passing of former clerk Tonna Newman in February.
Members of the Hood County Republican Party executive committee voted for the district clerk nominee by way of a secret ballot. During the voting portion of the executive session, Zamarron and Graft found themselves deadlocked in a 7:7 vote. After a revote, Graft emerged victorious with an 8:6 vote, which immediately sparked discussion on social media.
Following the result, many Hood County residents took to Facebook to complain about the transparency and fairness of the electoral process. Some expressed concerns that the meeting was not held in open forum while others said it was unfair to allow Graft to vote as a member of the executive committee when Zamarron was not a member of the board. Some comments suggested Graft should have recused herself during the vote.
“After the vote, many people raised questions about the legality of my opponent being able to serve on the committee and vote for herself while being a candidate for district clerk,” Zamarron wrote in a post on social media. “A few of us researched that issue extensively after the meeting, and I believe the committee’s action was incorrect under state law.”
According to the lawsuit, members of the executive committee attempted to work with Harrell to rectify the errors and illegality in the candidate nomination and voting process. Unable to obtain any response from Harrell, Precinct 409 chairman Brad Yarborough made a written request for Harrell to take action to remedy the injustice. However, the lawsuit states Harrell has not responded or taken any further action.
Spurred to address the matter themselves, Zamarron and Yarborough along with Precinct 112 Chair Robert Granger and Precinct 404 Chair Mark Jackson hired an attorney and officially filed the lawsuit Friday, Aug. 2.
Zamarron stated the HCRP violated Election Code 161.005 by allowing Graft to serve as a precinct chair while also being a candidate for nomination as district clerk.
Under Texas Election Code 161.005, to serve as an officer of a political party, a person must not be a candidate for nomination or election to an elective office of the federal, state or county government.
The lawsuit states that for purposes of that specific statute, a person becomes a candidate if “the person is nominated by a convention or executive committee.”
“Here, upon becoming a candidate, Graft became ineligible to serve as a precinct chairman and member of the executive committee,” the lawsuit states. “Only the members of the executive committee are permitted to participate in the candidate nomination and voting process. Since Graft became ineligible to serve as a precinct chair and member of the executive committee, her vote during the candidate nomination process constituted as an illegal vote.”
Zamarron said the HCRP also violated the self-appointment doctrine, which was first set forth by the Texas Supreme Court in 1928. The doctrine prevents a body with appointment powers from appointing one of its own members to a position.
The lawsuit states that Texas law has long prohibited self-appointment, which is one of three categories of common-law incompatibility. This doctrine stems from the Texas Supreme Court's ruling in Ehlinger v. Clark, which highlighted the inherent conflict in a member of an appointing body also serving as an appointee. The court stated that such a dual role is fundamentally incompatible, leading to a nationwide consensus that individuals with appointing power cannot appoint themselves or other members of their body to positions.
Zamarron also emphasized that the HCRP breached its own bylaws, which prohibit an individual from holding an elected public office while serving as a precinct chair. She added that these bylaws also prevent someone from acting as precinct chair while simultaneously being a candidate for a county office.
Article IV of the Hood County Republican Party bylaws expressly provides that a member of the executive committee “cannot be a holder of an elected public office or a candidate for such office at the county, state or federal level.” Unlike the Texas Election Code, the bylaws do not define the terms “public office” or “candidate.”
“Applying the plain and ordinary meaning of both terms, Graft is ineligible to serve as a member of the executive committee under the bylaws,” the lawsuit states. “Indeed, as an elected member of the Board of Trustees of Granbury Independent School District, Graft is a ‘holder of an elected public office.’ Additionally, Graft being nominated made her a ‘candidate’ for district clerk. Accordingly, Graft’s participation as a member of the executive committee in the voting process constitutes an ultra-vires act (any act that lies beyond the authority of a corporation to perform).”
“Because of these concerns, my sincere hope is that a visiting judge in the district court will reverse the committee’s vote and allow me to be your Republican candidate for district clerk in the November election,” Zamarron wrote on social media. “Many have supported through funding and encouragement. Thank you for your support.”
Zamarron expressed confidence that the matter can be resolved before the election, stating that Elections Administrator Stephanie Cooper must finalize the ballot by the end of the month.
"Since this case doesn't require a jury trial and has minimal fact issues, we should get a hearing date this month in front of a visiting judge,” she told the Hood County News. “There are no consequences for the executive committee if we're successful. Nobody will be removed from office, and that's not what we're seeking to do.”
The HCN sent an email to Harrell, asking for any comments regarding the recent development. He explained that since the Hood County Republican Party has not received any information about the petition — the first step in initiating the civil lawsuit — the party cannot comment on the matter.
The HCN also attempted to contact Graft and Cooper for comment but did not receive a response before press time.
