Incumbent Judge DeSean Jones beat his Republican opponent, Tami C. Pierce, in the November 2022 election for the 180th District Court Judge. The race was decided by a 449-vote difference.
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In January 2023, Pierce filed a civil suit against Jones, claiming that the narrow margin resulted from "improper and likely illegal votes that render the purported outcome incorrect and invalid," she wrote in her lawsuit.
Pierce was one of 21 Republican candidates who filed an election contest. Jones and Pierce's race was the closest.
Judge David Peeples adjudicated the other 20 election contest cases. Fifteen were granted summary judgments for the defendants, the plaintiffs dismissed the claims in four of the suits, and the court denied an election contest after an eight-day trial against Judge Tamika Craft.
Pierce's case moved at a "slower timetable," according to Peeples' judgment filed on May 15.
Ultimately, after a two-day bench trial with three witnesses, Peeples determined that 1,430 illegal votes were cast in the race and that "it is not realistic or feasible to determine which candidate received those votes."
"The true outcome cannot be determined," Peeples writes in his judgment.
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Court records show that Peeples found 983 votes were cast by people who live outside of Harris County, six were cast as provisional ballots and should not have been counted, 48 mail ballots lacked a required signature or were not mailed or received in a timely fashion, and 445 votes were cast by individuals who did not show a photo ID or an alternate ID document.
The judge also notes that a net margin of 321 votes was cast for Jones over Pierce in the additional hour of voting that "resulted from an official mistake by Harris County Elections Administration Office."
"The court renders judgment that a new election shall be held for the office of Judge of the 180th District Court of Harris County."
Additionally, Peeples ruled that Jones is responsible for $65,265 in attorney's fees for Pierce.
"Judge Peeples's decision to order a new election confirms what the Harris County GOP has been saying since 2022 - The previous election administrations' handling of our elections was beyond negligent, resulting in voters' confidence in our elections being damaged," Harris County GOP Chairman Cindy Siegel said in a statement.
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A date has yet to be set for the new election.
Pierce's attorney, Paul Simpson, released the following statement:
"We are gratified by the court's judgment that Tami Pierce deserves a new election. Voluminous, detailed evidence compiled by witness Steve Carlin and dozens of other volunteers revealed many problems with Harris County's troubled November 2022 election. The court also ordered that opponent DaSean Jones owes Ms. Pierce over $65,000 in attorney's fees due to his frivolous actions that have so long delayed this case. We hope Judge Jones will not further delay justice by appealing but, instead, face Harris County voters in a new election when ordered by the court."
ABC13 has reached out to Jones' attorney and the Harris County Democratic Party for comment.
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