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Click here for the full text of this decision FACTS:The appellant, Dolores Baca, was a candidate seeking election to the office of District Clerk of El Paso during a 2002 election. An appellee, Edie Rubalcaba, was the incumbent district clerk, who did not seek re-election. An appellee, Gilbert Sanchez, was the successful candidate for the position and currently is serving as the El Paso district clerk. Baca, after being defeated in the election, filed suit against Rubalcaba. Baca’s complaints against Rubalcaba and Sanchez emanated from a letter mailed by Rubalcaba reflecting her support of Sanchez’s candidacy, which Baca contends violated various provisions of the Election Code, to her detriment. Baca’s complaints stem from the fact that Rubalcaba’s letters included the County Seal of the County of El Paso, and referenced Rubalcaba’s position as the then El Paso District Clerk. Sanchez filed special exceptions to the petition which outlined various defects to the petition, including that the original petition had referenced various sections of the Election Code which did not exist and that several of the sections cited were not relevant to the complaints propounded by Baca. The trial court entered an order granting Sanchez’s special exceptions and ordering Baca to replead within 30 days. The trial court entered an order for Baca to replead her cause of action. She filed an amended petition that alleged violations of penal provisions of the Election Code, violation of the RICO Statute, various acts of fraud, conspiracy, and torts. After more motions were filed, the trial court dismissed the case for failure to state a cause of action upon which relief can be granted. Baca appealed. HOLDING:Affirmed. Baca presents one issue on appeal, which challenges the trial court’s dismissal of her lawsuit for failure to state a cause of action. She does not complain of specific findings of the trial court but rather presents a general complaint that merely asserts that she should be entitled to a trial by jury. The court points out that the appellees filed special exceptions and a motion to dismiss for failure to state a cause of action. Baca was provided an opportunity to amend her pleadings and filed amended pleadings at least twice before the trial court ruled on the motion to dismiss. Without determining whether the action complained of violates the provisions of the penal provisions of the Election Code, the court notes that each does not create a cause of action in favor of an individual for the alleged violations. To the contrary, each indicates that a violation of the section is a Class A misdemeanor providing for criminal penalties under Texas state law. Baca’s petition contends that the appellees owed a duty to Baca to abide by the Election Code, that the appellees “breached their duty to plaintiff. The breach was the proximate cause of plaintiffs [sic] injuries and harm.” She also contends that the appellees had a statutory duty which was violated and, therefore, created a basis for her negligence per se claim. But the court holds that the minimal pleadings filed do not support a cause of action for negligent violation of the Election Code. The court finds that not a single fact is pleaded in support of the broad conclusory statements. Further, the court holds that Baca minimally briefed this issue and cites to only a few cases that address civil liability of a defendant incidental to the specific criminal conduct of a third party. The court concludes that none of the cases cited deal with the type of actions discussed here. OPINION:Barajas, C.J.; Barajas, C.J., McClure and Chew, JJ.

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