In Re Duke W. Coon and Shana R. Arthur (memorandum opinion per curiam)

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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-24-00110-CV __________________ IN RE DUKE W. COON AND SHANA R. ARTHUR __________________________________________________________________ Original Proceeding Montgomery County, Texas __________________________________________________________________ MEMORANDUM OPINION In an original proceeding, two candidates for elected positions in the municipal government for Conroe, Texas, Relators Duke W. Coon and Shana R. Arthur, jointly filed a petition for a writ of mandamus to compel the Respondent, Soco M. Gorjón, to rescind her acceptance of applications to appear on the ballot for the May 4, 2024 General Election for the City of Conroe that were submitted by Real Parties in Interest Bobby Todd Yancey and Curt L. Maddux and to reject the applications. Relators assert that Gorjón accepted the applications, but she should have rejected the applications when each application was received by Gorjón. They ask this Court to compel her to now reject the applications as a ministerial duty 1 imposed by law in connection with the holding of the election. See Tex. Elec. Code Ann. §§ 273.061-.063; see also Tex. R. App. P. 52. We reviewed the petition and the appendix. We conclude Relators have not shown that the Election Code imposes a ministerial duty upon Gorjón to revoke her acceptance of the applications and reject Yancey’s and Maddux’s applications so their names will not appear on the ballot. We deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a). PETITION DENIED. PER CURIAM Submitted on March 27, 2024 Opinion Delivered March 27, 2024 Before Golemon, C.J., Johnson and Wright, JJ. 2

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