LONGORIA'S, PEREZ'S DISTRICT 1 CANDIDACIES CHALLENGED

By Juan Montoya
One of three candidates for the District 1 city commissioner position has filed a written challenge to the candidacies of his two opponents, including the incumbent Rick Longoria.
Brownsville attorney Michael Gonzalez, filed the challenge with the city secretary late Friday. He posted a copy of a press release and a copy of the formal challenge to the news media late Friday.
The challenge revolves around the Brownsville City Charter provision Section 4A, Subsection 3:   if within five days after notification by the city secretary he shall have filed with such secretary a written acceptance of the nomination."

"Any eligible person placed in nomination as hereinbefore provided shall have his name printed on the ballots
Gonzalez claims that an information request with the city secretary's office indicates that neither Perez nor Longoria filed such a letter five days after they received notice from the city secretary's office.
Gonzalez does not address whether the candidates in any of the other three contested positions – the mayor, District 2, or the At-Large "A" – filed such letters.
In a recent television interview, city attorney Mark Sossi has insinuated that the mere deliverance of the nomination containing the required signatures constitutes an acceptance in his view. However, some Gonzalez supporters say that if that was the case, there would be no need for the city charter to include the subsection in the requirements to run for public office.
Theoretically, voters could circulate a petition nominating person as a candidate for office and submit it to the city secretary without the person's consent. This has happened many times at party conventions and the candidate can decline the nomination. The city charter subsection in question seems to have been included to allow people who don't want to get drafted into public office to decline being on the ballot.
"Why have the rules if you're not going to follow them, then?," they counter. "Has the city been winging it all this time?"
That raises the question on whether the city secretary (and city attorney) have adhered to the letter of the rules concerning elections in the charter rules in past elections.
In his press release, Gonzalez states that: "As a home rule city, Brownsville can pass elections requirements additional to those found in the Texas Election Code. Brownsville did just that in its City Charter by requiring written acceptance within five days of securing and approved nomination by petition. Ricardo Longoria and Roman Perez have failed to conform with the additional requirement and by law should not appear on the ballot."
Gonzalez says he is requesting a written response from the city on its official interpretation of the section and subsection.
The city election is set for May 9.