FortBendNow.com

Glory Hopkins, who’s spent nearly 20 years as Fort Bend County District Clerk, needs a favorable ruling from an appeals court – and needs it within 13 working days – if she’s to have a shot at keeping her job.

Hopkins’ attorney, Richard Tate, filed a petition for writ of mandamus Friday with the 14th District Court of Appeals in Houston, asking that Fort Bend County Republican Party Chairman Eric Thode be directed to place Hopkins’ name on the Republican ballot.

Thode didn’t receive Hopkins’ filing fee and application for candidacy by the 6 p.m. Jan. 2 deadline. According to an oral opinion Thode said he received from the Texas Secretary of State’s office, the filing was invalid.

But Hopkins and her campaign officials say Thode didn’t receive the filing by deadline because they sent it certified mail, relying on an incorrect address Thode supplied, and thus it was undeliverable and didn’t arrive at its intended destination.

Hopkins, her campaign officials and Thode all say they believe a good-faith effort was made to get the application to Thode by deadline. And Thode says in an affidavit made part of Hopkins’ Friday filing that he would not oppose being directed by the appeals court to put her name on the ballot.

But the case isn’t that simple.

First, the appeals court must rule in Hopkins’ favor by Jan. 25 if she is to get on the ballot. That’s because, according to an affidavit by Fort Bend County Elections Administrator Steve Raborn as part of the filing, ballots must be printed and ready for use at least 38 days prior to election day. And, Raborn said, he needs three days more to provide proofs of the ballots to the political parties, and to “finalize those proofs.”

Thus, Raborn said, “To ensure that I comply with the Texas Election Code, it will be necessary that I know who is on the ballot by January 25, 2006.”

In an effort to speed the proceedings, Hopkins’ asks in the filing for an expedited hearing, that the writ of mandamus be issued at the end of the hearing, and that no motion for a rehearing be allowed.

Second, Tate acknowledges in the filing that “strict compliance” with the Texas Election Code likely would result in Hopkins’ filing being considered invalid. He argues, however, that for the past three years the Texas Supreme Court “began its shift from a strict interpretation” of the code to one “which considers whether there is a just and reasonable result.”

And, Tate argues, directing Thode to put Hopkins’ name on the ballot is just and reasonable, especially since Thode has acknowledged inadvertently including an incorrect address in correspondence to candidates and party members, that Hopkins’ filing papers would have been received before the deadline if the address had been correct, and that Thode does not oppose putting Hopkins’ name on the ballot if so directed.

Third, Annie Rebecca Elliott, the only Republican candidate for Fort Bend County district clerk now officially on the ballot, is named as a “Real Party in Interest” in the case, since as a candidate for district clerk the outcome of the case will have an effect on her.

As such, she has the right to file a statement of opposition to Hopkins’ petition if she so chooses, which could complicate the outcome of the case. Elliott did not respond to calls or email Friday afternoon and evening seeking comment for this article.