Court voids Leal-Pena BISD race over illegal votes

LEFT: Marisa F. Leal on Nov. 18, 2020 in Brownsville. (Denise Cathey/The Brownsville Herald) RIGHT: Minerva M. Peña waves to motorists on election day Tuesday, Nov. 3, 2020 in Brownsville, Texas. (Miguel Roberts/The Brownsville Herald)

Retired San Patricio County District Judge Joel Johnson on Thursday filed his final judgment in Marisa Leal’s challenge to Minerva M. Pena’s eight-vote victory in the Nov. 2 Place 6 Brownsville Independent School District Board of Trustees race, finding that 24 votes were illegally cast, declaring the election void and ordering a new election for May 7.

Leal initially won the seat in the Nov. 2 general election, but Pena asked for a recount, prevailed by an eight-vote margin and was declared the winner. Leal sued, and her challenge was heard at trial Jan 6-7.

In his final judgment Johnson states, “The court heard the evidence and arguments of counsel and finds that 24 illegal votes were cast in this election and that those 24 illegal votes are not countable,” that the 24 illegal votes are equal to or greater than the number of votes necessary to change the outcome, that election officers and other persons officially involved in the administration of the election made mistakes that allowed the illegal votes to be cast “and which have made it impossible to determine whether the outcome of the contested election, as shown by the final canvas, is the true outcome.”

The judgment orders that the election be declared void and orders that a new election for Place 6 on the BISD Board of Trustees between Pena and Leal be held on May 7, with early voting by personal appearance from April 23 to May 3.

The judgment also orders that Leal and Pena equally bear the cost of conducting the election.

State law prescribes that an election challenge must be heard by a judge outside the county where the election is being challenged. Johnson heard the case as a visiting judge for the Cameron County 107th state District. The court confirmed that Johnson’s order was filed Thursday.

Pena’s attorney Rick Zayas reserved judgment on the order but said he still plans to appeal. Leal’s attorney Gilberto Attorney supported the findings.