CAUSE NO. ______

THE COUNTY REPUBLICAN § IN THE DISTRICT COURT PARTY, MISSY SHOREY as Dallas § County Republican Party Chair, § § PLAINTIFFS, § § v. § ______JUDICIAL DISTRICT § § THE DALLAS COUNTY DEMOCRATIC § PARTY, CAROL DONOVAN, as the § Dallas County Democratic Party Chair, § § DEFENDANTS. § DALLAS COUNTY

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PLAINTIFFS’ ORIGINAL PETITION CHALLENGING THE CERTIFICATION OF CANDIDATES WHOSE APPLICATIONS WERE NOT CERTIFIED BY THEIR PARTY CHAIR, WITH RELATED APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION

______

COME NOW, the Dallas County Republican Party (the “DCRP”) and Missy Shorey

(“Shorey”), as Chairwoman of the DCRP, and file this, their Original Petition Challenging the

Certification of a 128 (one hundred and twenty-nine) Democratic Candidates’ Applications For a

Place on the Democratic Primary Ballot, & Application for Temporary Injunction complaining of

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 1 and against the Dallas County Democratic Party (the “DCDP”), Carol Donovan (“Donovan”) as

Chairwoman thereof, and for cause of action would respectfully show unto the Court as follows:

I. CLAIMS FOR RELIEF

1. This lawsuit arises out of the certification of compliance for and submission to the Secretary

of State by the DCDP of 128 candidates for places on the Democratic Primary Ballot, whose

applications were not accepted by the DCDP’s Chairwoman Donovan, the only individual

with the statutory authority to do so under the Election Code.

2. The Plaintiffs seek injunctive relief to prevent Donovan and the DCDP from including: (a) any

of these candidates, whose applications are attached in Plaintiffs’ Appendix to this Petition on

the March 2018 Democratic Primary ballot; and (b) any of these candidates on the November

2018 General Election Ballot as a result of any such candidates participation in the March

2018 Democratic Primary.

3. The Plaintiffs also seek injunctive relief to prevent Donovan and the DCDP from declaring

any of these candidates administratively ineligible and replacing them, where statute permits,

with a candidate of Donovan’s choice so as to avoid a ruling in the Plaintiffs favor on the

merits.

II.DISCOVERY CONTROL PLAN

3. This matter is subject to Discovery Level 2 in accordance with the Texas Rule of Civil

Procedure 190.3.

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 2 III.PARTIES

4. The DCRPis a political party organized in accordance with the Texas Election Code, with its

principal place of business located at 11617 N. Central Expressway, Suite 240, Dallas, Texas,

75243.

5. Shorey, as the Dallas County Republican Party Chairwoman, is an individual who resides in

Dallas County, Texas.

6. The DCDP is a political party organized in accordance with the Texas Election Code with its

principal place of business located at 4209 Parry Avenue, Dallas, Texas 75223. The Dallas

County Democratic Party may be served with process by serving its Chairwoman, Carol

Donovan, at its principal place of business, or its General Counsel, Sarah Duncan, at 3500

Maple Ave, Dallas, TX 75219, or wherever else either two may be found.

7. Donovan, as the Dallas County Democratic Party Chairwoman, is an individual who resides in

Dallas County Democratic Party located at 4209 Parry Avenue, Dallas, Texas, 75223.

Donovan may be served with process at her principal place of business, or by serving its

General Counsel, Sarah Duncan, at 3500 Maple Ave, Dallas, TX 75219, or wherever else

either may be found.

IV.JURISDICTION AND VENUE

1. Jurisdiction is proper in this Court in accordance with Texas Election Code §§ 145.035 and

172.117 and the Plaintiff is seeking an injunction against the Defendants in accordance with

Texas Civil Practices & Remedies Code § 65.021.

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 3 2. Venue is proper in Dallas County, Texas, because the events giving rise to Plaintiffs’ causes

of action occurred in Dallas County, Texas and because all parties are residents of (or have

their principal place of business in) Dallas County for venue purposes.

V.FACTS

A. Background

3. The deadline to submit applications for placement on the March Primary Ballot for Judicial

Races in Dallas County was December 11, 2017.

4. After the filing deadline, a candidate may not file and the county Chair may not accept, an

amended application or an amendment to an application.1

5. The candidates whose petitions are the subject of this challenge submitted their applications

and/or applications and petitions, along with a fee, to the DCDP for offices sought wholly

within Dallas County, between, DATE RANGE, in accordance with The Texas Election Code

§§ 141.031, and 172.022 (a)(2).

6. An agent or agents of the DCDP accepted these petitions petition.

7. Thereafter, these applications were signed by an unknown individual or individuals

purporting to be Donovan, so certifying the candidates for inclusion on the primary ballot, in

violation of the Texas Election Code, §§ 141.037 and 72.029(a)(2).

8. The Primary Election is scheduled to be held on March 6, 2018, and early voting ballots were

initially scheduled to be mailed January 20, 2018.

1 Tex. Elec. Code §141.032(g).

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 4 B. THE 128 CANDIDATES WHOSE APPLICATIONS WERE NOT

SIGNED, ACCEPTED, AND CERTIFIED TO COMPLY BY THE

CHAIR OF THEIR PARTY ARE NOT ELIGIBLE FOR PLACEMENT

ON THE BALLOT BY THE SECRETARY OF STATE

9. The Texas Election Code states that a candidate’s application for a place on the ballot, must

be “be timely filed with the appropriate authority.”2

10. The Election Code also makes clear that for any office that is wholly within one county, a

candidate’s application for a place on a party’s primary ballot must be filed with that political

party, specifically with the County Chair or the County Party Secretary.3

11. The Election Code gives the Secretary of State the authority to create and prescribe different

forms for varying levels of government.4

12. The application form (Form 2-2), contains a further admonition within the form warning that

failing to provide required information could result in rejection of the application: “All fields

MUST be completed unless marked optional. Failure to provide required information may

result in rejection of application.”5

13. The Election Code requires that, once those applications are received by the appropriate

authority (for placement on the March 2018 Dallas Democratic Primary Ballot, the DCDP),

that “authority with whom the application is filed shall review the application to determine

2 Tex. Elec. Code §141.031(a)(3)

3 Tex. Elec. Code Section §171.021(a); §172.022(a)(2)

4 Tex. Elec. Code §141.031(d).

5 Plaintiffs’ App’x at 1.

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 5 whether it complies with the requirements as to form, content, and procedure that the

application and petition must satisfy for the candidate’s name to be placed on the ballot.”6

14. After making the relevant authority makes that determination, the Election Code requires it to

certify the names of all candidates who comply, as the names are written on the application,

for placement on the ballot.7

15. The County Chair, alone, is the presiding officer of a county party, under the Election Code.8

16. The Election Code designates the County Chair, alone, as the sole person responsible for

certifying and authorized to submit the names of complying candidates to the Secretary of

State,9, 10

17. And though the Secretary of State may prescribe deadlines by which these submissions must

be delivered, the Code makes very clear that those candidate submissions are to be made by

the Chair.11

18. The form also indicates, at the bottom, that the certification for submission to the Secretary

of State is “TO BE COMPLETED BY CHAIR.”

19. This authority may not be delegated except in very limited circumstances. In fact, the Code

only makes provision for the a State Party Chair to perform a County Chairs’ job, and then

only makes this provision if: (a) there is an absence of County Party leadership; or (b) the

6 Tex. Elec. Code Section §141.032(a).

7 Tex. Elec. Code Section §141.037.

8 Tex. Elec. Code Section §171.022(a)(1)

9 Tex. Elec. Code Section §172.029(a)(1).

10 Tex. Elec. Code Section §172.029(a)(2).

11 Tex. Elec. Code Section §172.029(c).

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 6 County Chair does not perform a duty in a timely manner.12 However, even then, a State

Chair must make special notice to the County Chair or the County Executive Committee if he

or she is going to or has performed one of the Chair’s duties for him or her, including the

submission of candidate information under Section 172.29.13

20. If the Party Chair has a reasonable impediment to being able to perform those tasks which

the Election Code requires of them with regard to Primary Elections, the County Chair may

request, in advance, that the State Chair or the State Chair’s Designee perform the duty

instead of the Chair.

21. But there is no provision in the Election Code that makes it possible or permissible for

anyone else to perform the Chair’s Election Duties.

22. On information and belief, Donovan made no such a request to the Texas Democratic Party’s

Chair, nor is there any indication that the Texas Democratic Party Chair notified Donovan or

DCDP of a determination that Donovan was not performing her duties in a timely manner, so

authorizing the State Chair to perform them.

23. Political Parties are expressly prohibited by the Code from making nominations to public

office by any other method.14

24. In the attached Appendix, Plaintiffs submit all 151 Applications submitted to the DCDP by

candidates (and submitted by the DCDP to the Secretary of State) for inclusion on the March

2018 Democratic Primary Ballot.

12 Tex. Elec. Code Section §172.130(a).

13 Tex. Elec. Code Section §172.130(a)-(b).

14 Tex. Elec. Code Section §161.003.

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 7 25. Donovan signed only 23 of these 151 Applications. The remaining 127 applications bear

someone else’s forgery of Donovan’s name – the forgeries do not resemble Carol

Donovan’s signature as it appears on her own application for inclusion on the Democratic

Primary Ballot for the Office of Party Chairman.

26. Only a county party chair may accept applications for ballot access (or, in the narrow

exceptions provided by the Code, the State Chair or Designee) or submit complying

candidates to the Secretary of State for inclusion on the ballot.15

27. The following applications for the following candidates in the following district are indeed

accepted and signed by the County Chair, with a signature that matches Defendant

Donovan’s signature on her own application for inclusion on the party primary ballot for

Party Chair:

1. Barbara Mallory Caraway, United States Representative District 30 2. Eddie Bernice Johnson, United States Representative District 30 3. Nathan Johnson, State Senator, District 16 4. Joe Bogen, State Senator, District 16 5. Robert Alonzo, State Representative, District 104 6. Thresa “Terry” Meza, State Representative District 105 7. Yvonne Davis, State Representative, State Representative, State Representative 111 8. Brandy K. Chambers, State Representative 112 9. Billy Ingram, State Representative 113 10.John TurnerState Representative 114 11.Martin Hoffman, District Judge, 68th Judicial District 12.Mary Brown, District Judge, 301st Judicial District 13.Cheryl Lee Shannon, District Judge 305th Judicial District 14.Clay Jenkins, 15.Sally Montgomery, Judge, County Court at No. 3 16.Brenda Hull Thompson, Judge, County Probate Court-at-Law No.1 17.Johnny J. Lanzillo IV, Judge, County Criminal Court of Appeals No. 2

15 Tex. Elec. Code Section §172.029(a)(1); §172.130(a)-(c).

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 8 18.Dan Patterson, County Criminal Court-at-Law CrtNo.1 19.John F. Warren, County Clerk 20.Curtis “Traylor” Harris, Constable Pct. 3 21.Jeff Bryan, Constable Pct 5 22.Michael Orozco, Constable Pct. 5

28. The following applications for the following candidates in the following district are not

accepted and signed by the County Chair, and are instead signed by a John Doe #1 with a

signature that does not matche Defendant Donovan’s signature on her own application for

inclusion on the party primary ballot for Party Chair:

1. Royce West, State Senator, District 23 2. Eric Johnson, State Representative, District 100 3. Ana-Maria Ramos, State Representative District 102 4. Jessica Gonzalez, State Representative, District 104 5. A.D. Jenkins, State Representative, District 105 6. Victoria Neave, State Representative, District 107 7. Joanna Cattanach, State Representative District 108 8. Zac Duffy, State Representative District 108 9. Toni Rose, State Representative, District 110 10. Rhetta Andrews Bowers, State Representative, District 113 11. Rock Bower, State Representative, District 115 12. Julie Johnson, State Representative, District 115 13. Bonnie Lee Goldstein, District Judge 44th Judicial District 14. Jim Jordan, District Judge, 160th Judicial District 15. Craig Smith, District Judge 192nd Judicial District 16. Bridget Whitmore, District Judge 193rd Judicial District 17. Carl Ginsberg, District Judge 193rd Judicial District 18. Hector Garza, District Judge 195th Judicial District 19. Emily G. Tobolowsky, District Judge, 298th Judicial District 20. Dennise Garcia, District Judge, 303rd Judicial District 21. Tracy Holmes, District Judge, 363rd Judicial District 22. Carter Thompson, Criminal District Judge, Dallas County, Number 5 23. John Creuzot, Criminal District Attorney, Dallas County 24. D’Metria Benson, Judge, County Court-at-Law No.1

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 9 25. Mark Greenbert, Judge, County Court-at-Law No.5 26. Julia Hayes, County Criminal Court-at-Law No. 2 27. Audrey Faye Moorehead, County Criminal Court-at-Law No. 3 28. Remeko Tranisha Edwards, County Criminal Court-at-Law No. 7 29. Carmen White, County Criminal Court-at-Law No. 8 30. Peggy Hoffman, County Criminal Court-at-Law No. 9 31. Wini Cannon, County Commissioner Pct. 2 32. Thomas G. Jones, , Pct. 1, Place 1 33. Valencia Nash, Justice of the Peace, Pct. 1, Place 2 34. Norris “Stretch” Rideaux, Justice of the Peace Pct. 4, Place 1 35. Fred “Action” Jackson, Justice of the Peace Pct. 4 Place 2 36. Sara Martinez, Justice of the Peace, Pct. 5, Place 1 37. Juan Jasso, Justice of the Peace, Pct. 5 Place 2 38. Tracey Gulley, Constable Pct. 1 39. Rolando Garcia, Constable Pct. 5 40. Susan E. Lopez-Craig

29. The following applications for the following candidates in the following district are not

accepted and signed by the County Chair, and are instead signed by a John Doe #1 with a

signature that does not match Defendant Donovan’s signature on her own application for

inclusion on the party primary ballot for Party Chair:

1. John Biggan, U.S. Representative District 24 2. Eric Williams, U.S. Representative District 30 3. Sandra Crenshaw, State Representative, District 100 4. Christopher Graham, State Representative District 109 5. Deshaundra Lockhart Jones, State Representative District 109 6. Victoria Walton, State Representative District 109 7. Carl Sherman, State Representative District 109 8. Amanda Ghagar, District Judge, 68th Judicial District 9. Staci Williams, District Judge, 101st Judicial District 10. Tonya Parker, District Judge, 116th Judicial District 11. Bonnie Wulff, District Judge, 160th Judicial District 12. Lynda Lee Weaver, District Judge, 160th Judicial District 13. Aiesha Redmond, District Judge, 160th Judicial District

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 10 14. Gena Slaughter, District Judge, 191st Judicial District 15. Lindsay Harrison, District Judge, 193rd Judicial District 16. Joan Ballard, District Judge 193rd Judicial District 17. Ernest White, District Judge 194th Judicial 18. Teresa Hawthorne, District Judge, 203rd Judicial District 19. Raquel “Rocky” Jones, District Judge, 203rd Judicial District 20. Tammy Kemp, District Judge, 204th Judicial District 21. Stephen Duplantis, District Judge, 204th Judicial District 22. Darlene Ewing, District Judge, 254th Judicial District 23. Kim Cooks, District Judge, 255th Judicial District 24. Sandre Moncriffe, District Judge, 255th Judicial District 25. David Lopez, District Judge, 256th Judicial District 26. Myra Mcintosh, District Judge, 265th Judicial District 27. Jennifer Bennett, District Judge, 265th Judicial District 28. Amber Givens-Davis, District Judge, 282nd Judicial District 29. Lela D. Mays, District Judge, 283rd Judicial District 30. Stephanie N. Mitchell, District Judge, 291st Judicial District 31. Brandon Birmingham, District Judge, 292nd Judicial District 32. Sandra Jackson, District Judge, 302nd, Judicial District 33. Thelma Sanders Clardy, District Judge, 302nd, Judicial District 34. LaDeitra Adkins, District Judge, 304th Judicial District 35. Andrea Martin, District Judge, 304th Judicial District 36. Andrea Plumlee, District Judge, 330th Judicial District 37. Tina Yoo Clinton, Criminal District Judge, Dallas County Number 1 38. Monique Ward, Criminal District Judge, Dallas County Number 1 39. Jeanine Howard, Criminal District Judge, Dallas County Number 6 40. Alison Grinter, Criminal District Judge, Dallas County Number 6 41. Mark Watson, Criminal District Judge, Dallas County Number 7 42. Heath Harris, Criminal District Judge, Dallas County Number 7 43. Elizabeth Davis Frizell, Criminal District Attorney Dallas County 44. Dorotha Ocker, Judge, County Court-at-law No 2 45. Melissa J. Bellan, County Court-at-law No 2 46. Rachel Rider, County Court-at-law No 4 47. Tanja Martini, County Court-at-law No 4 48. Ken Tapscott, County Court-at-law No 4 49. Paula Rosales, County Court-at-law No 4 50. Ingrid Michelle Warren, Judge, County Probate Court-at-Law No.2 51. Margaret Jones-Johnson, County Probate Court-at-Law No.3

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 11 52. Marty Jo Taylor, Judge, County Criminal Court of Appeals, No. 1 53. Kristin Wade, Judge, County Criminal Court of Appeals, No. 1 54. Pamela Luther, Judge, County Criminal Court of Appeals, No. 2 55. Bruce Kaye, County Criminal Court of Appeals, No. 2 56. Marilynn Mayse, County Criminal Court of Appeals, No. 2 57. Roberto Canas, County Criminal Court-at-Law, No. 10 58. Etta J. Mullin, County Criminal Court-at-Law, No. 10 59. Shequitta Kelly, County Criminal Court-at-Law, No. 11 60. Symone Redwine, County Criminal Court-at-Law, No. 3 61. Nancy C. Mulder, County Criminal Court-at-Law, No. 4 62. Lisa Green, County Criminal Court-at-Law, No. 5 63. Angela M. King, County Criminal Court-at-Law, No. 6 64. Felicia Pitre, District Clerk 65. Marian Brown, Sheriff 66. Roy Williams, Jr., Sheriff 67. Pauline Medrano, County Treasurer 68. Elba Garcia, County Commissioner, Pct. 4 69. Anthony Elland, Justice of the Peace, Pct. 2, Place 1 70. Margaret O’Brien, Justice of the Peace, Pct. 2, Place 1 71. Katina Whitfield, Justice of the Peace, Pct. 2, Place 2 72. Shannon Bradford, Justice of the Peace, Pct. 3, Place 1 73. Mauri Long, Justice of the Peace, Pct. 3, Place 2 74. Mike JOnes, Justice of the Peace, Pct. 4, Place 1 75. Sasha Moreno, Justice of the Peace, Pct. 4, Place 2 76. Katy Hubener, Justice of the Peace, Pct. 4, Place 2 77. Andrew “Bundy” Goldsmith, Justice of the Peace, Pct. 5, Place 2 78. Alvin “AJ” Johnson, Constable Pct. 1 79. Bill Gipson, Constable Pct. 2 80. Curtis “Traylor” Harris, Constable Pct. 3 81. Kevin Solomon, Constable Pct. 4 82. Bryan D. Woodard, Constable Pct. 4 83. Edward Wright, Constable Pct. 4 84. Donald G. Artis, Constable Pct. 4 85. Sha Steger Knight, Constable Pct. 4 86. Ron E. Bivins, Constable Pct. 4 87. Beth Villarreal, Constable Pct. 5 88. Henry Brown, Justice of the Peace Pct. 2, Place 2

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 12 30. DCDP sent certifications of compliance to the Secretary of State for 128 Candidates whose

applications were accepted in violation of the Election Code. No candidate wrongly accepted

by an unauthorized individual can legally be included on a ballot for the March 2018 primary

election.

C.DCRP TIMELY FILE THIS CHALLENGE TO THE 128

CANDIDATES’ INCLUSION ON THE PRIMARY BALLOT

31. The Election Code authorizes challenges to the form, content, and procedure of an

application until the end of the day before any ballot to be voted on via early mail voting has

been mailed out.16 Early voting ballots for voting by mail were initially scheduled to be

mailed out by the Dallas County Elections Department on Saturday January 20, 2018.

32. This Original Petition initiates a challenge to the form, content, and procedure of the 128

candidates’ whose applications were not accepted and submitted by the DCDP Chair well

within this time limit.

VI.CAUSES OF ACTION

Count One – Declaratory Judgment

33. The Plaintiffs re-allege and incorporate-by-reference the facts and allegations set forth above.

34. A justiciable controversy has arisen between the Plaintiffs and the Defendants. The Plaintiffs

ask the Court to declare that the 128 Candidates whose applications were not accepted by

16 Tex. Elec. Code §141.034.

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 13 Donovan before their wrongful submission to the Secretary of State are not eligible for

inclusion on the March 2018 Democratic Primary Ballot.

35. It was necessary for the Plaintiffs to employ counsel to prosecute this action. In accordance

with §37.001 et seq. of the Texas Civil Practice & Remedies Code, the Plaintiffs are entitled

to recover their reasonable and necessary attorneys’ fees and costs herein, for which they now

sue.

36. All conditions precedent to recovery have been performed, have occurred, or have been

waived.

Count Two -- Application for Temporary Restraining Order & Temporary

Injunction

37. The Plaintiffs re-allege and incorporate-by-reference the facts and allegations set forth above.

38. One of the principal purposes behind the Texas Election Code is the prevention of election

fraud and electoral misconduct, and to protect the integrity of the electoral process. Tex. Elec.

Code §1.003(a); In re Bell, 91 S.W.3d 784, 787 (Tex. 2002). “A person who is being harmed

or is in danger of being harmed by a violation or threatened violation of this code is entitled

to appropriate injunctive relief to prevent the violation from continuing or occurring.” Tex.

Elec. Code §273.081.

39. The DCDP has submitted to the Secretary of State, in violation of the provisions of the Texas

Election Code in Section 172.029(a), 128 different candidates for the Democratic Primary

who were not accepted by the DCDP Chair Donovan. It is past the statutory deadline set by

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 14 the Secretary of State for any additional Applications to be submitted to the Secretary of

State by the DCDP.

40. Many of the 128 identified candidates seek offices for which the DCRP was unable to timely

certify to the Secretary of State its receipt of a statutorily compliant candidate application.

When no party timely submits to the Secretary of State the name of a candidate certified by

the proper authority as having met the application requirements established by the Election

Code for inclusion on a primary ballot, the Election Code authorizes the parties to

subsequently nominate a designated candidate for office. Accordingly, the Plaintiffs are in

danger of being denied their statutory right to designate nominees for the many offices for

which Donovan, the only individual with the statutory authority to certify candidates’

compliance and submit them to the Secretary of State, did not do so.

41. Others of the 128 identified candidates seek offices for which the DCRP did timely certify to

the Secretary of State its receipt of one or more statutorily compliant candidate applications.

In these instances, the Plaintiffs are in danger of being harmed by by having to face an

opponent in the November 2018 General Election, who the Texas Election Code bars from

inclusion as a candidate. Risner v. Harris County Republican Party, 444 S.W.3d 327, 345

(Tex. App.— [1st Dist] 2014, writ of mandamus denied, 2014 Tex. LEXIS 801 (Tex.

September 8, 2014)).

42. DCRP, and Shorey, have complied with their statutory obligations. They, and their

candidates, would suffer harm from upholding the stringencies of the Election Code, when

their counterparts have not done the same. Additionally, the Plaintiffs, like all Dallasits,

would suffer harm in the form of the damages to the integrity of the elections process that

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 15 would result from an unequal application of the law allowing 128 candidates onto the ballot,

despite the DCDP’s flagarant, willful, systematic submission of candidates to the Secretary of

State who had not been certified as compliant by Donovan.

43. The injunctive relief sought herein is necessary to adequately protect the interests of the

Plaintiffs, and the voting public, from election fraud, misconduct, and manipulation of the

election process. The Plaintiffs do not have an alternative, after-the-fact, adequate remedy at

law. If a temporary restraining order is not immediately entered, there is a substantial

likelihood that the Defendants will allow the 128 identified candidates to be placed on March

2018 Democratic Primary Baallot, and, thereafter, on the November 2018 General Election

Ballot, all in violation of the Texas Election Code.

44. The Plaintiffs will suffer immediate and irreparable harm unless the Defendants, their agents,

representatives, servants, employees, affiliates, and anyone with actual or constructive

knowledge of this injunction are immediately restrained from, directly or indirectly, engaging

in the following acts:

(a) Certifying any of the identified candidates for inclusion on the March 2018

Democratic Primary Ballot;

(b) Certifying any of the identified candidates as DCDP nominees on the November

General Election Ballot as a result of participation in the March 2018 Democratic

Primary;

(c) Verifying or certifying the printing of ballots including any of the identified

candidates’ names as candidates for office in the March 2018 Democratic Primary or

in the November 2018 General Election;

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 16 (d) Conducting any Primary Election, or authorizing anyone else to conduct on their

behalf, a Primary Election in which any of the identified candidates are listed as

candidates for office;

(e) Conducting the November 2018 General Election, participating in the November 2018

General Election, or authorizing anyone else to conduct on their behalf the November

2018 General Election, to the extent that any of the identified candidates is listed as

the DCDP’s primary winner for any office or as the DCDP’s nominee for any office;

and/or

(f) Declaring each and every any identified candidate ineligible under Tex. Elec. Code

§145.003(f);

45. The Plaintiffs have a substantial likelihood of prevailing on the merits. Given the high

likelihood that the Plaintiffs will prove that the Defendants did not comply with the Election

Code and prevail on the merits, no legitimate harm or prejudice will result to the Defendants

from the Court granting the requested injunctive relief before trial. On the other hand, the

Plaintiffs will suffer immediate and irreparable harm from a denial of such injunctive relief.

46. There is no remedy at law for Plaintiffs’ additional statutory rights if the TRO is not granted.

The Texas Election Code provides that when there has not been a Primary Election in either

party, the County Party Committees may so appoint a representative to represent them on the

ballot. If the TRO is granted, particularly in cases where the is no Republican candidate, and

no primary race is held in that seat in either party, both Parties could still appoint an

candidate for the November ballot. However, if the TRO is not granted, and Plaintiff were to

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 17 prevail between the Primary and the General Election, because the Democratic Party held a

primary, Plaintiff could not appoint a representative to represent them in November.

VII.CONDITIONS PRECEDENT

47. All conditions precedent necessary for Plaintiffs to have and recover in this action have been

performed, have occurred or have been waived.

WHEREFORE, PREMISES CONSIDERED, the DCRP, acting through Shorey, respectfully requests that: (a) citation issue and process be served on the DCDP and Carol

Donovan, its Chairwoman; (b) the Court grant both a Temporary Restraining Order, and, after a hearing, both a Temporary Injunction and a Permanent Injunction against Defendants; and (c) the

Court grant the Plaintiffs a declaratory judgment as requested, including in its relief the

Plaintiffs’ reasonable and necessary attorney’s fees incurred prosecuting this action, costs and expenses of suit herein, and both pre- and post-judgment interest on all monetary relief sought herein at the highest rates allowed by law. Finally, the Plaintiffs ask for any other and further relief to which the Court determines the Plaintiffs may be justly entitled.

RESPECTFULLY SUBMITTED this 19th day of January, 2018.

/s/Elizabeth D.Alvarez Elizabeth D. Alvarez Texas Bar No. 24071942

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 18

Law Office of Elizabeth Alvarez 555 Republic Drive Ste 200 Plano, Tx 75074

Telephone: (972) 422-9152 Facsimile: (972) 767-3655 E-mail: [email protected]

COUNSEL FOR PLAINTIFFS DALLAS COUNTY REPUBLICAN PARTY; & MISSEY SHOREY

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 19 LOCAL RULE CERTIFICATION In accordance with Local Rule 2.02, the undersigned hereby certifies that at least two hours before presenting this application to the Court, the undersigned notified the Defendants of this application. The undersigned sent a copy of the application and proposed order to Defendants via email to those Defendants whose e-mail address the undersigned was aware of notifying them of Plaintiffs’ intention to present this application to the Court ex parte as follows:

Carol Donovan – [email protected] Sarah Duncan - [email protected]

In the e-mail, the undersigned provided his cell phone number so that Defendants could contact her. At least two hours before presenting this application to the Court, the undersigned notified the following Defendants of the application by telephone and sent the Defendants who provided her with their e-mail addresses a copy of the application and proposed order as follows:

/s/Elizabeth D. Alvarez Elizabeth Alvarez

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 20 VERIFICATION

STATE OF TEXAS §

COUNTY OF DALLAS §

I, Davin Bernstein, state and declare that I am over 21 years of age and fully competent to make this declaration. The facts set forth herein are true and correct and are within my personal knowledge. I have read the foregoing Plaintiffs’ Original Petition Challenging the Certification of the Improperly Certified Democratic Candidates Application for a Place on the Democratic Primary Ballot, Application for Temporary Restraining Order, & Application for Temporary Injunction, and that the facts stated in paragraphs 4-7, 3-32, 37-43, and 45-47, are within my personal knowledge and are true and correct, unless otherwise qualified therein.

My name is Davin Bernstein, my date of birth is 08/24/1965, and my address is 228 Hollywood Drive, Coppell, Tx, 75019. I declare under penalty of perjury that the foregoing is true and correct.

Executed on January 19, 2018.

______Missy Shorey As Chairwoman, Dallas County Republican Party

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 21 CERTIFICATE OF SERVICE

I certify that on January 19th, 2018, I served a copy of this Petition on all counsel of record in accordance with the Texas Rules of Civil Procedure via email, and through service of process.

DEFENDANTS

DCDP & Donovan Carol Donovan [email protected] Dallas County Democratic Party 4209 Parry Ave, Dallas, TX 75223

COUNSEL TO THE DEFENDANTS DCDP & Donovan Sarah Duncan [email protected] Sarah Duncan, Attorney-at-Law 3500 Maple Ave, Dallas, TX 75219

/s/ Elizabeth D. Alvarez Elizabeth D. Alvarez

CAUSE NO. DCRP v. DCDP – Plaintiffs’ Original Petition & Application for TRO / Temporary Injunction Page 22 CAUSE NO. ______

THE DALLAS COUNTY REPUBLICAN § IN THE DISTRICT COURT REPUBLICAN PARTY, § MISSY SHOREY as Dallas County § Republican Party Chair, § PLAINTIFFS, § § v. § ______JUDICIAL DISTRICT § § THE DALLAS COUNTY DEMOCRATIC § PARTY, CAROL DONOVAN, as the § Dallas County Democratic Party Chair, § DEFENDANTS. § DALLAS COUNTY TEXAS

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PLAINTIFFS’ APPENDIX IN SUPPORT OF PLAINTIFFS’ ORIGINAL PETITION & APPLICATION FOR TEMPORARY RESTRAINING ORDER AND APPLICATION FOR A TEMPORARY INJUNCTION

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CAUSE NO. DCRP v. DCDP, et al, PLAINTFFS’ APPENDIX TO THEIR ORIGINAL PETITION, APPLICATION FOR A TEMPORARY RESTRAINING ORDER, & APPLICATION FOR TEMPORARY INJUNCTION TABLE OF CONTENTS

EXHIBIT A: CHAIRWOMAN CAROL DONOVAN’S APPLICATION...... 1

EXHIBIT B: CATEGORY ONE APPLICATIONS: APPLICATIONS SIGNED BY CAROL DONOVAN...... 2-23

CATEGORY TWO: APPLICATIONS SIGNED BY JOHN DOE #1...... 24-64

CATEGORY THREE: APPLICATIONS SIGNED BY JOHN DOE #2...... 67-156

CERTIFICATE OF SERVICE...... 158

CAUSE NO. DCRP v. DCDP, et al, PLAINTFFS’ APPENDIX TO THEIR ORIGINAL PETITION, APPLICATION FOR A TEMPORARY RESTRAINING ORDER, & APPLICATION FOR TEMPORARY INJUNCTION APPENDIX PAGE 001 APPENDIX PAGE 002 APPENDIX PAGE 003 APPENDIX PAGE 004 APPENDIX PAGE 005 APPENDIX PAGE 006 APPENDIX PAGE 007 APPENDIX PAGE 008 APPENDIX PAGE 009 APPENDIX PAGE 010 APPENDIX PAGE 011 APPENDIX PAGE 012 APPENDIX PAGE 013 APPENDIX PAGE 014 APPENDIX PAGE 015 APPENDIX PAGE 016 APPENDIX PAGE 017 APPENDIX PAGE 018 APPENDIX PAGE 019 APPENDIX PAGE 020 APPENDIX PAGE 021 APPENDIX PAGE 022 APPENDIX PAGE 023 APPENDIX PAGE 024 APPENDIX PAGE 025 APPENDIX PAGE 026 APPENDIX PAGE 027 APPENDIX PAGE 028 APPENDIX PAGE 029 APPENDIX PAGE 030 APPENDIX PAGE 031 APPENDIX PAGE 032 APPENDIX PAGE 033 APPENDIX PAGE 034 APPENDIX PAGE 035 APPENDIX PAGE 036 APPENDIX PAGE 037 APPENDIX PAGE 038 APPENDIX PAGE 039 APPENDIX PAGE 040 APPENDIX PAGE 041 APPENDIX PAGE 042 APPENDIX PAGE 043 APPENDIX PAGE 044 APPENDIX PAGE 045 APPENDIX PAGE 046 APPENDIX PAGE 047 APPENDIX PAGE 048 APPENDIX PAGE 049 APPENDIX PAGE 050 APPENDIX PAGE 051 APPENDIX PAGE 052 APPENDIX PAGE 053 APPENDIX PAGE 054 APPENDIX PAGE 055 APPENDIX PAGE 056 APPENDIX PAGE 057 APPENDIX PAGE 058 APPENDIX PAGE 059 APPENDIX PAGE 060 APPENDIX PAGE 061 APPENDIX PAGE 062 APPENDIX PAGE 063 APPENDIX PAGE 064 APPENDIX PAGE 065 APPENDIX PAGE 066 APPENDIX PAGE 067 APPENDIX PAGE 068 APPENDIX PAGE 069 APPENDIX PAGE 070 APPENDIX PAGE 071 APPENDIX PAGE 072 APPENDIX PAGE 073 APPENDIX PAGE 074 APPENDIX PAGE 075 APPENDIX PAGE 076 APPENDIX PAGE 077 APPENDIX PAGE 078 APPENDIX PAGE 079 APPENDIX PAGE 080 APPENDIX PAGE 081 APPENDIX PAGE 082 APPENDIX PAGE 083 APPENDIX PAGE 084 APPENDIX PAGE 085 APPENDIX PAGE 086 APPENDIX PAGE 087 APPENDIX PAGE 088 APPENDIX PAGE 089 APPENDIX PAGE 090 APPENDIX PAGE 091 APPENDIX PAGE 092 APPENDIX PAGE 093 APPENDIX PAGE 094 APPENDIX PAGE 095 APPENDIX PAGE 096 APPENDIX PAGE 097 APPENDIX PAGE 098 APPENDIX PAGE 099 APPENDIX PAGE 100 APPENDIX PAGE 101 APPENDIX PAGE 102 APPENDIX PAGE 103 APPENDIX PAGE 104 APPENDIX PAGE 105 APPENDIX PAGE 106 APPENDIX PAGE 107 APPENDIX PAGE 108 APPENDIX PAGE 109 APPENDIX PAGE 110 APPENDIX PAGE 111 APPENDIX PAGE 112 APPENDIX PAGE 113 APPENDIX PAGE 114 APPENDIX PAGE 115 APPENDIX PAGE 116 APPENDIX PAGE 117 APPENDIX PAGE 118 APPENDIX PAGE 119 APPENDIX PAGE 120 APPENDIX PAGE 121 APPENDIX PAGE 122 APPENDIX PAGE 123 APPENDIX PAGE 124 APPENDIX PAGE 125 APPENDIX PAGE 126 APPENDIX PAGE 127 APPENDIX PAGE 128 APPENDIX PAGE 129 APPENDIX PAGE 130 APPENDIX PAGE 131 APPENDIX PAGE 132 APPENDIX PAGE 133 APPENDIX PAGE 134 APPENDIX PAGE 135 APPENDIX PAGE 136 APPENDIX PAGE 137 APPENDIX PAGE 138 APPENDIX PAGE 139 APPENDIX PAGE 140 APPENDIX PAGE 141 APPENDIX PAGE 142 APPENDIX PAGE 143 APPENDIX PAGE 144 APPENDIX PAGE 145 APPENDIX PAGE 146 APPENDIX PAGE 147 APPENDIX PAGE 148 APPENDIX PAGE 149 APPENDIX PAGE 150 APPENDIX PAGE 151 APPENDIX PAGE 152 APPENDIX PAGE 153 APPENDIX PAGE 154 APPENDIX PAGE 155 APPENDIX PAGE 156 RESPECTFULLY SUBMITTED this 19th day of January, 2018.

s/Elizabeth D. Alvarez Elizabeth D. Alvarez Texas Bar No. 24071942

Law Office of Elizabeth Alvarez 555 Republic Drive Ste 200 Plano, Tx 75074

Telephone: (972) 422-9152 Facsimile: (972) 767-3655 E-mail: [email protected]

COUNSEL FOR PLAINTIFFS DALLAS COUNTY REPUBLICAN PARTY; & MISSEY SHOREY

CAUSE NO. DCRP v. DCDP, et al, PLAINTFFS’ APPENDIX TO THEIR ORIGINAL PETITION, APPLICATION FOR A TEMPORARY RESTRAINING ORDER, & APPLICATION FOR TEMPORARY INJUNCTION APPENDIX PAGE 157 CERTIFICATE OF SERVICE

I certify that on January 18th, 2018, I served a copy of this Petition on all counsel of record in accordance with the Texas Rules of Civil Procedure via email, and/or through service of process.

DEFENDANTS

DCDP & Donovan Carol Donovan [email protected] Dallas County Democratic Party 4209 Parry Ave, Dallas, TX 75223

COUNSEL TO THE DEFENDANTS DCDP & Donovan Sarah Duncan [email protected] Sarah Duncan, Attorney-at-Law 3500 Maple Ave, Dallas, TX 75219

/s/ Elizabeth D. Alvarez Elizabeth D. Alvarez

CAUSE NO. DCRP v. DCDP, et al, PLAINTFFS’ APPENDIX TO THEIR ORIGINAL PETITION, APPLICATION FOR A TEMPORARY RESTRAINING ORDER, & APPLICATION FOR TEMPORARY INJUNCTION APPENDIX PAGE 158