Ramsey English Cantu Files Federal Lawsuit Challenging Texas Democratic Party’s Declaration of Ineligibility as Candidate for Texas House of Representative District 74
By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2019
Former Eagle Pass Mayor Ramsey English Cantu has filed a federal lawsuit on Thursday, December 12, 2019, in the United States District Court for the Western District of Texas, San Antonio Division, challenging the Texas Democratic Party Chairman Gilberto Hinojosa’s declaration of ineligibility as a candidate for the Texas House of Representative District 74 in the upcoming March 3, 2020 Texas Democratic Party Primary Election via a letter dated December 10, 2019.
Cantu filed an original complaint for declaratory judgment and emergency injunctive relief and writ of mandamus in federal district court in San Antonio, Texas against the Texas Democratic Party and Gilberto Hinojosa, in his official capacity as Chair of the Texas Democratic Party, seeking a declaratory judgment holding Texas Constitution Article III, Section 19 and Texas Election Code Section 145.003 are unconstitutional because they violate his 14th Amendment’s equal protection clause and due process rights.
Cantu is requesting the federal district court for a temporary, preliminary, and mandatory injunction against the Texas Democratic Party and its Chairman Gilberto Hinojosa to reinstate his eligibility and name as a candidate for Texas House of Representative District 74 in the March 3, 2020 Democratic Party Primary Election.
Cantu alleges that he “resigned from his former office as the Mayor of Eagle Pass, Texas….before he filed to seek the Democratic nomination for State Representative for House District 74 (HD 74). The Texas Constitution requires him to holdover until his replacement is qualified. There will be a special election to fill the remainder of his term on February 1, 2020. At no point will Mr. Cantu’s term as Mayor overlap with his term as State Representative for HD 74, should he secure the nomination of his Party and ultimately be successful in the general election. Despite these facts, the Chair of the Texas Democratic Party has made a determination without notice or hearing that Mr. Cantu is ineligible to seek legislative office.”
Cantu attached certified minutes of the Eagle Pass City Council Meeting held on November 12, 2019 which expressly provide that he is resigning as Mayor of Eagle Pass in order to seek and register as a candidate for the Texas House of Representative District 74 Democratic Party Primary Election on March 3, 2020. Also attached to Cantu’s petition is a certified copy of the Eagle Pass City Council Election Ordinance No. 2019-57R approved on November 18, 2019 ordering a Special City Officers Election for Mayor on February 1, 2020 as a result of Cantu’s resignation on November 12th. Cantu filed a candidate application for House District 74 on November 15, 2019 with the Texas Democratic Party in Austin, Texas.
Because there are impending election deadlines, Cantu is requesting an emergency ex parte temporary restraining order enjoining the Texas Democratic Party and Chairman Gilberto Hinojosa from taking any action in holding or administering the 2020 Democratic Primary for State Representative for House District 74, including enjoining Defendants from providing the names of the candidates seeking nomination to be the Democratic candidate for State Representative for House District 74 to the Secretary of State of Texas and to the Democratic County Chairs.
Cantu’s federal district lawsuit has been assigned to Senior U.S. District Judge David A. Ezra of San Antonio, Texas and Judge Ezra has entered an Order setting a Court hearing on Cantu’s Application for Emergency Ex Parte Temporary Restraining Order on Monday, December 16, 2019 at 1 P.M. at the John H. Wood, Jr. United States Courthouse, 655 East Cesar E. Chavez Boulevard, San Antonio, Texas.
All parties to the federal lawsuit are expected to appear on Monday, December 16th before Judge David A. Ezra for the pending Application for Emergency Ex Parte Temporay Restraining Order Court hearing.
The Eagle Pass Business Journal will report the results of the December 16th Court hearing in a future article.
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