NEW BOSTON, Texas -After two days of testimony before a visiting district judge, a bench trial to decide claims in a lawsuit over a seat on the Bowie County Commissioners Court isn't over.
Visiting 307th District Judge Tim Womack of Gregg County rescheduled the case for a final day July 9 at the Bowie County courthouse in New Boston. Challenger Kyle Barrett filed suit against the incumbent, James Strain, arguing irregularities on election day and the handling of ballots call the results into question.
Strain was declared the winner of the Precinct 3 race following the election and after a recount in mid-March. Strain won the election by 27 votes, according to complete but unofficial results.
In a bench trial, the judge, rather than a jury, decides the outcome of a case after hearing arguments and considering evidence presented by both sides.
Barrett's suit alleges that some voters who supported him were turned away from polling places for no reason, that ballots were missing or added and that election staff were illegally electioneering at their polling places on behalf of Strain and to the detriment of Barrett.
"The court should hold that there were irregularities of a sufficient nature to prevent the will of the electorate from being discernible from the contested race, find that it is necessary to declare the contested race void, and order the Bowie County Republican Party to hold a new primary for its nomination to represent the Precinct on the Commissioners' Court," Barrett's complaint alleges.
Barrett and Strain, both Republicans, were the only two candidates running for the office.
Strain filed a response to Barrett's complaint, refuting Barrett's allegations and denying the need for a do-over election exists.
"Contestant's contest has no merit, is based on speculation, and erroneous math, and does not show that the outcome of the contested election, as shown by the final canvass, is either not the true outcome or that errors of election officials materially affected the outcome of the election," Strain's response states. Barrett is represented by Elizabeth Alvarez of Forney, Texas. Strain is represented by Eric Opiela of Austin.