WICHITA COUNTY (KFDX/KJTL) — Incumbent Wichita County Precinct 4 Justice of the Peace Judy Baker has filed a suit contesting the results of that Republican primary race due to ballot issues.
The lawsuit was filed in 30th District Court, and as required by law, Judge Jeff McKnight has recused himself from the case, and 97th District Judge Jack McGaughey is appointed in his place.
According to Texas state law, a judge in the same district in which a contested election was held can not hear the case.
In her suit filed against opponent Randy Elliott, who garnered the most votes in the election, Baker said Elliott won by only 14 votes.
Baker said there were at least 20 voters whose ballots did not have the race listed as they should have, and one voter who voted illegally because she did not live in the precinct.
Baker is asking the judge to declare the election void and order the Republican party to hold a new election as soon as possible.
The petition calling for a new election states that the outcome is not the true outcome because an election officer or other person involved in the election prevented eligible voters from voting by failing to include the office on their ballots, and counted votes that were not legally countable.
It includes an affidavit by County Clerk Lori Bohannon who affirms that because of an error resulting from redistricting voting districts, the race did not appear on 20 ballots which was not discovered until the first week of early voting, and also the race appeared on the ballot of one voter who did not reside in the precinct of that race.