LEAL VS. PENA ON BISD ELECTION : SHE SAID, SHE SAID

Special to El Rrun-Rrun

On Monday, January 25, incumbent Minerva Peña filed her original answer to a petition by Marisa F. Leal, her challenger to Place 6 of the board of the Brownsville Independent School District, and listed special exemptions and a request for disclosure.

Leal, through her attorney Gilberto Hinojosa, had petitioned the court to throw out the Nov. 4 election results and call for a new election claiming that enough illegal votes were cast in the race that resulted in a 8-vote victory for Peña, who had called for a recount after losing on election day by one vote.

https://rrunrrun.blogspot.com/2021/01/leal-wants-penas-bisd-win-thrown-out.html

The answer to Leal's petition, filed by Peña's attorney Rick Zayas, states the following:   

1. (Peña) specially excepts to allegations that "votes were illegally cast by individuals who were not registered to vote at an address not a residence and not their residence as defined by the Texas Elections Code and therefore were not legally registered to vote in the election.” 

She requests that Leal plea with specificity the names and addresses of the individuals who were not registered to vote at an address not a residence and not their residence. 

2.(Peña) specially excepts to paragraph "11" wherein Leal alleges “numerous voters casting votes during early vote and on election day were assisted at the time that they voted even though the voters were not eligible for assistance in reading or completing the ballot.” 

Peña requests that Leal plea with specificity the names and addresses of the individuals who were not eligible for  assistance and the names and addresses of the individuals who assisted the voter that was not eligible for assistance. 

3. Peña specially excepts to paragraph "12" wherein Leal alleges “said illegal assistance included encouraging the voter how to vote and/or even pressuring or coercing votes in violation of the Texas Elections code.” 

Peña requests that Leal plea with specificity which voters were subject to encouragement, pressure, or coercion and the names and addresses of the individuals who encouraged, pressured, or coerced any voter. Furthermore, Peña requests that Leal plea with specificity how and by what means any voter was encouraged, pressured, or coerced in violation of the Texas Elections Code. Furthermore, she requests that Contestant plea with specificity what part of the Texas Elections Code was violated by the acts plead in paragraph 12. 

4. Peña specially excepts to paragraph "13 (a) through (o)" wherein Leal alleges a slew of violations of the Texas Elections Code for mail-in ballots in the contested election. 

She requests that Leal plea with specificity the names and addresses of the individuals whose votes should not be counted for each specifically alleged violation alleged in paragraph 13 (a) through (0). Furthermore, she  assisted the casting of illegal votes in violation of the Texas Elections Code as alleged in paragraph 13 (a) through (0). 

5. Peña specially excepts to paragraph f. of Leal’s prayer for relief as attorney’s fees are not allowed to be awarded in this election contest as per the Texas Elections Code. 

6. Peña generally denies each and every allegation in Leal's Original Petition and demands that she bear the burden of proof on her allegations as required by the Rules of Civil Procedure and/or the Texas Elections Code. 

7. Peña's affirmative defense claims she is not liable as alleged by Leal because of her unclean hands. She alleges that persons acting on Peña's behalf may have engaged in the exact behavior that she complains of. If so, Peña should not be able to have illegal votes thrown out for persons committing illegal acts on Leal's behalf or in her best interest. 

8. Peña is not liable as alleged by Leal because of estoppel, fraud, and/or illegality. Peña herein alleges that persons acting on behalf of the Leal may have engaged in the exact behavior that she complains of. If so, she should be estopped from having illegal votes thrown out for persons committing illegal acts on her behalf or in her best interest. 

9. Peña reserves the right to assert further affirmative defenses as they become evident through discovery investigation. Peña prays the Court enter judgment in her favor on all matters stated above and after trial on the merits, the Court: 

a. determines the outcome of the election on November 4, 2020, for Place 6 of the Board of Trustees of the Brownsville Independent School district showing Peña as the duly elected board member was a true outcome and that the Court confirms the final canvass; 

b. denies all the relief requested by Contestant;

 c. awards costs of court against Leal to Peña; and  such other and further relief to which the Court determines Peña is entitled both in equity and at law.