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Click here for the full text of this decision FACTS:On January 6, 2006, relator, Glory Hopkins, filed a petition for writ of mandamus in this court. This court denied relief in an opinion filed Jan. 10, 2006. On Jan. 13, 2006, relator filed a second petition. Relator seeks a writ of mandamus directing Eric Thode, county chairman of the Republican Party of Fort Bend County, to accept her application and certify her for placement on the Republican party general primary ballot as a candidate for district clerk of Fort Bend County. Thode rejected relator’s application because it was not received by 6 p.m. Jan. 2, 2006. Relator seeks equitable relief from the statutory deadline to file her application for a place on the general primary election ballot. Relator asserts Thode violated a statutory duty to provide candidates with a correct address to file their applications by mail. Relator cites �172.021(c) of the Election Code for the proposition that because candidates are allowed to file by mail, a statutory duty arose to provide the correct address to candidates for filing their applications by mail. HOLDING:Denied. “[T]o whatever extent the law imposed a duty on Thode to provide a correct address for filing applications by mail, and to whatever extent the three e-mails he sent containing an incorrect zip code in the address for Precinct Chair applications violated this duty, he corrected this error by providing correct information in several other and subsequent e-mails, including all of those directed to candidates for all elected positions besides Precinct Chair. Conversely, by choosing to send her application and petitions by mail, but not having the package postmarked until December 27, Hopkins assumed a risk that delivery of the materials, even if correctly addressed, could be delayed over the holiday weekend, and that she would not be notified in time to retrieve and timely file those materials by January 2.” The court determines that relator has not established that the failure to timely file her application reasonably resulted from the violation of a statutory duty such that the competing equities warrant extending the statutory deadline. OPINION:Edelman, J., delivered the plurality opinion. Before Fowler, Edelman and Guzman, JJ. CONCURRENCE:Guzman, J. “Because of the many material fact issues presented, mandamus is not authorized; because of the facts that are not disputed, mandamus is not justified. While the outcome to Hopkins may be harsh, the requirements of the Election Code and existing precedent do not allow us to grant equitable relief. Both candidates and voters have a common interest in predictable enforcement of the Election Code and the orderly progress of elections. The legislature has unambiguously placed the risk of untimely delivery or non-delivery on the candidate who mails his or her application and filing fee, and the facts presented neither justify nor authorize a departure from that allocation.” DISSENT:Fowler, J. “I agree that the result reached by the majority is consistent with the black-letter statements contained in the Election Code. In fact, if this case had reached us before In re Gamble and In re Bell, I would have joined the plurality opinion on the plain language of the Election Code and the case law applying it literally. However, in my opinion, In re Gamble and In re Bell signaled the Texas Supreme Court’s intent to review Election Code cases with a less hyper technical and more purpose-driven approach. For this reason, I respectfully dissent.”

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