San Benito to challenge ruling voiding special election

SAN BENITO — Officials are planning to challenge a judge’s ruling voiding the Nov. 5 special election, arguing the court had no jurisdiction to interfere in the process while nullifying citizens’ votes.

On Nov. 4 in Cameron County’s 197th state District Court, visiting Judge Michael Garcia handed down the ruling voiding the election following two weeks of early voting, citing a violation of the Texas Open Meetings Act.

“The city disagrees with the judge’s decision to void the election and plans on taking any and all action necessary to fully protect the rights of its citizens to vote and the legitimate outcome of the votes cast by the citizens of San Benito,” city officials said in a news release.

On Wednesday, City Commissioner Tom Goodman claimed Garcia’s action meddled with the Democratic process.

“The citizens’ right to vote should not be determined by a judge,” he said in an interview. “That would interfere with the Democratic process. The people have voted. Why not accept their answer?”

On Oct. 17, Julian Rios, the San Benito Economic Development Corporation’s former president, requested Garcia grant a temporary restraining order, aiming to halt the election, arguing commissioners secretly placed five proposed amendments to the City Charter on the ballot while failing to give residents proper notice.

Meanwhile, interim City Attorney Javier Villalobos maintained officials gave residents proper notice when they called the election during a Aug. 6 meeting.

“You have to give reasonable notice as to what is to be discussed,” he said Wednesday.

On the city’s Aug. 6 meeting agenda, officials called for “consideration and possible action to approve Order Number 2024-0806-001, for the city of San Benito, Nov. 5, 2024, charter amendment special election.”

While Rios argued the City Charter required officials publish the proposed amendments’ full texts, Villalobos said that’s not an issue in the case.

“You don’t have to itemize,” he said.

Now, city officials are waiting for Garcia’s final judgment to challenge his decision.

As part of his case, Villalobos is arguing the court had no jurisdiction to void the election.

“Generally, there’s a separation of power. A judge generally doesn’t have the jurisdiction to interfere in an election,” he said. “He can’t just void votes and say the calling of the election was improper.”

While voters overwhelmingly passed four charter amendments in the election, they soundly defeated a proposition asking if they wanted to allow the city manager to live outside the city limits.

While 4,440 voters cast ballots against the proposed amendment asking them if they would “allow the city manager to reside outside the city limits,” 1,460 residents voted in support of the measure.

The office of the city manager is pictured Friday, June 2, 2023, at the San Benito Municipal Building in San Benito. (Denise Cathey/The Brownsville Herald)

In response to the vote, City Manager Fred Sandoval’s planning to stay in an RV in town, while keeping his family home in Pharr.

Sandoval’s plan is crafted after former City Manager Manuel De La Rosa’s arrangement.

While some commissioners claimed he was violating the charter’s residency requirement, De La Rosa was living in an apartment in town during the workweek while traveling to his Austin-area home on weekends.

Meanwhile, voters cast 5,083 ballots in support of a proposed amendment requiring “all members of the city commission to reside within the city limits during their term of office,” while 600 voted against the measure.

In March, commissioners voted to declare former Commissioner Carol Lynn Sanchez’s position vacant because she was living outside the city limits, citing her as “unqualified to hold office in the city of San Benito” based on a charter clause requiring commissioners live within the city limits.

With about three weeks remaining on her term, Sanchez claimed her removal was “illegal,” arguing she was denied her due process.

While the charter has required commissioners live within the city limits for decades, the proposition’s passage would reaffirm the requirement, officials said.

In the election, residents also cast 3,953 ballots in support of a proposition “authorizing the city commission to make appointments to the city commission in the case of a vacancy where there is less than 365 days remaining in the vacant term,” while 1,640 voted against the proposal.

City officials contracted the Cameron County Elections Department to conduct the election at a cost of about $26,885.

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