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Click here for the full text of this decision FACTS:Dan Patterson submitted his application to be put on the ballot for the Democratic Party nomination for County Criminal Court No. 1 judge. State law requires a person’s application to designate the party primary in which he intends to run. None of the 39 pages Patterson submitted had this information. Instead, “March 26″ was written in the space designated for the name of the political party. The Dallas County Democratic Party chair, Darlene Ewing, certified Patterson’s application and delivered his name for inclusion on the primary ballot. The incumbent judge, Ada Brown, who is also the Republican nominee for the same seat, asked Ewing to omit Patterson’s name from the ballot because of his failure to name the political party primary election in which he intended to run. When Ewing did not respond, Brown filed a petition for mandamus. Brown argues that by failing to reject Patterson’s application, Ewing violated her ministerial duty under the Election Code. HOLDING:Petition denied. The court assumes, without deciding, that the application was defective, then considers whether the Election Code mandates that the punishment for such a defect is the exclusion of the candidate from the ballot. “We conclude that once Ewing told Patterson his petitions were in order and certified and delivered his name for inclusion on the ballot, she could not change that decision without notifying him of the defects and giving him the same opportunity to cure as he would have had before the deadline (passed. . . . Because Patterson has not been provided the same opportunity to cure the defects in his petitions as he would have had if he had been notified of the defects before the deadline passed, we conclude Brown is not entitled to mandamus relief.” OPINION:Lang-Miers, J.; Whittington, FitzGerald and Lang-Miers, JJ.

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