Judge in Hidalgo County election contest throws out votes over improper assistance

EDINBURG, Texas ( ValleyCentral ) — On May 23, when Michelle Acosta was more than seven months pregnant, she stopped by the polls in Sullivan City.

Justice of the Peace Sonia Treviño was running for re-election against Ramon Segovia, a businessman from western Hidalgo County.

Acosta wanted to support Treviño. Her high-risk pregnancy, however, made the trip a hassle.

So when a woman standing near Treviño’s campaign tent asked if Acosta needed assistance, she didn’t hesitate.

“I was like: ‘Yes, girl,’” Acosta, 25, of Sullivan City said on Monday afternoon. “I do need it because I do — like I said — I do have a high-risk pregnancy. And beyond that, I have diabetes and I have anemia.”

Acosta worried she might feel dizzy or pass out at the ballot box. So, as she voted, the woman stood behind her.

“She helped me put the paper, like, in the thing,” Acosta said. “I don’t know how it works.”

That decision cost Acosta her vote on Monday, when state District Judge Jose Manuel Bañales determined she had received improper assistance.

“Because of that, your vote on that day must be disqualified,” Bañales said.

More than 8,400 people cast ballots during the Democratic Party primary runoff for Justice of the Peace Precinct 3 Place 1, according to results published by the Hidalgo County Elections Department.

Treviño won by 31 votes.

After reviewing the results, Segovia became concerned that Acosta and hundreds of other people had received improper assistance from Treviño’s supporters.

Only voters with “a physical disability that renders the voter unable to write or see” or “an inability to read the language in which the ballot is written” may receive assistance, according to the Texas Election Code .

Segovia filed a lawsuit , which accused Treviño of participating in a conspiracy to “monitor, influence and pressure voters.” Treviño denied any wrongdoing.

Bañales heard opening arguments in the case Monday morning.

Improper assistance isn’t just against the law, said attorney Gilberto Hinojosa of Brownsville, who represents Segovia.

“It destroys, I believe, legitimacy — the legitimacy of a democracy, in this way,” Hinojosa said.

Attorney Rick Salinas of Mission, who represents Treviño, said it was actually Segovia’s campaign that had broken the law.

“The only person who engaged in this illegal conduct was Mr. Segovia,” Salinas said.

To win the lawsuit, Segovia’s legal team must convince the judge to void at least 31 votes.

Witnesses started testifying on Monday afternoon.

Hinojosa persuaded the judge to throw out votes cast by Acosta, another pregnant woman and her husband.

He also quizzed Maria Santa Juarez, 74, of Palmview about why she received assistance from Treviño’s son.

“I tell you: ‘Help me,’” Juarez said, explaining what happened when she asked for assistance. “But I do it myself.”

After 24 minutes on the witness stand, Juarez started to cry. Nobody had bothered to explain why she’s been subpoenaed, spent the day in court and questioned about her vote.

“And let me tell you something Ms. Juarez. You haven’t done anything wrong. Nothing, nothing, nothing wrong, OK? And I should have told you that from the very beginning so that you don’t get upset,” Hinojosa said. “We’re just trying to find out what happened.”

The judge voided her vote after concluding Juarez could read the ballot and mark it herself.

Another witness, Selena Ruby Sandoval, 28, of Sullivan City, suffered from dyslexia and struggled to read.

“So you don’t know how to read,” Hinojosa said. “How do you know who to vote for?”

Sandoval said that she’d seen Treviño’s campaign signs. When she voted, Sandoval asked her aunt for assistance.

“Sir, like I said, I confuse the words and everything,” Sandoval said. “And when I went to vote, I wanted it to vote for her. And then I asked for help because I don’t want to put the wrong name.”

Hinojosa questioned how Sandoval graduated from La Joya High School and received a driver’s license without being able to read.

The La Joya Independent School District placed her in special education classes, Sandoval said, and she received a driver’s license without taking a written test.

Hinojosa repeated his question about the written test several times.

“Every time she’s said she didn’t take a written driving test,” said attorney Martin Golando of San Antonio, who represents Treviño. “At some point, we have to end the inquest into her personal life.”

“I think you’ve asked enough questions, quite frankly, Mr. Hinojosa,” Bañales said.

After she left the courtroom, Hinojosa asked the court to void Sandoval’s vote.

Sandoval probably didn’t qualify for assistance, Hinojosa said, and had voted curbside rather than in the polling place.

Under state law , curbside voting is reserved for people who are “physically unable to enter the polling place.”

Golando, who had grown increasingly frustrated during Sandoval’s testimony, urged the court not to void her vote.

“That was damaging testimony because it’s deeply personal. She has to admit she has trouble reading as an adult,” Golando said. “It’s mortifying to me that she has to do that in order for her vote to count. And it’s still not good enough for Mr. Hinojosa.”

Bañales said that Sandoval could clearly walk into a polling place and didn’t qualify for curbside voting. As a result, he voided her vote.

Testimony is scheduled to resume on Tuesday morning.

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