Reply #14: Vo Still Standing: Challenger Should Withdraw

[dzika]

Sunday, January 30, 2005 - 12:55 PM

Vo Still Standing: Challenger Should Withdraw

By Greg Moses, ILCA Associate Member


While it may be another week before the Master of Discovery releases a report on the challenge brought against the election of Texas State Rep. Hubert Vo (D-Houston), informal signs indicate that the challenge will fail.

In fact, given irregularities discovered in voter questionnaires returned by the challenger that have two kinds of ink and two kinds of handwriting, it would seem best if the challenger gracefully withdrew as soon as possible.
By the time that Master of Discovery Will Hartnett (R-Dallas) called the first break on the second day of hearings Friday, it would have been clear to him that the challenge had failed. That was the point at which he had completed his review of voter depositions. While his case-by-case assessment of depositions resulted in a net loss of some 20 votes from Vo's 33-vote election victory, his informal rulings would not have reversed the outcome.

So it is significant that when Hartnett returned from the break on Friday morning, he advised the parties that he was attempting to contact the chair and vice-chair of the special legislative committee in charge of hearing the challenge. Only a few minutes later, Harnett called another quick break.

When Hartnett returned from the second break Friday morning, he announced that he had just taken the second phone call verifying that both the chair and vice-chair of the committee would endorse his intention to rely strictly on deposition testimony and consider only those votes that were improperly cast and where the identity of the candidate was specified.

Hartnett spent the rest of the day collecting information on the total number of illegal votes cast and listening to an argument that the effect of the total illegal ballots could be extrapolated. While he said he would forward those raw materials to his colleagues in the Texas House, the Master of Discovery said he would not put any weight on those matters in formal recommendations that he says will be reported one week from Monday.

Of course, it is possible that Hartnett will change his mind about many things in the coming week as he considers one last round of briefs due by Monday afternoon. And it is possible that when the vote goes to the floor of the legislature, Hartnett's recommendations will not be decisive. But preliminary signs show that after a very close election victory, recount, and legislative challenge, Vo will be allowed to make history as the first Vietnamese immigrant to serve in the Texas legislature and the first Democrat to represent an increase in that party's representation at the statehouse since the 1970s.


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