Judge dismisses case following legal battle over Conroe election ballot

CONROE, Texas (KTRK) -- A legal battle has been playing out in Conroe over the upcoming municipal election.

A Ninth Court of Appeals judge dismissed a petition from two candidates who have been fighting to get their opponents off the ballot.

Councilman Todd Yancey is running for mayor of Conroe, and Councilman Curt Maddux is seeking re-election to his seat.

To get on the ballot, you must fill out an application, sign it, and get it notarized.

Both admit they asked City Secretary Soco Gorjon to notorize and file their applications when they weren't physically present.

Their opponents Duke Coon, running for mayor, and Shana Arthur, running for City Council Position 2, filed a lawsuit against the city secretary, stating the applications were unlawful and violated the election code because both were not present.

Attorney Cris Feldman, representing Coon and Arthur, told ABC13 it was basic integrity.

"Everyone has to play by the same rules," Feldman said, "These are incumbents who ordered their employees to follow basic principles of Texas election law."

ABC13 also spoke to attorney Nathan Steadman, representing City Secretary Gorjon. He admits his client did get the applications notarized without Yancey and Maddux present, but he claims that is common.

"We want a fair and open election," Steadman said. "Taking them off the ballot limits the election process. It doesn't allow people to choose who they want."

Yancey and Maddux sent ABC13 a joint statement:

"A court just dismissed Duke Coon and Shana Arthur's 5th attempt at kicking us off the ballot. This case is over, and we are glad the court sided with protecting the rights of voters in Conroe. We are excited to give voters in Conroe the opportunity to have their voices heard on May 4th. Your vote matters, and we need your help. We will continue to work hard to earn your vote, honor your trust, and do what's right for Conroe!"

ABC13 reached back out to Coon and Arthur's attorney, asking what is next and whether they will continue to fight this out in court. Feldman said he and his clients are assessing that.

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