The 13th Court of Appeals of Texas ordered a stay for the temporary restraining order signed by a judge Thursday in favor of the city of Peñitas, which wanted a polling location to open in its city.
The latest court decision came Sunday, just before the start of early voting.
“Obviously, the city filed a lawsuit against (Hidalgo County) and myself even though they don’t have an election,” Hidalgo County Precinct 3 Commissioner Everardo “Ever” Villarreal said Monday. “However, the county appealed the decision to the 13th Court of Appeals, and obviously they ruled in our favor to grant a stay until further notice.”
That means the county doesn’t have to open the polling location in Peñitas.
Hidalgo County sent the court’s latest ruling on Monday and called the city’s actions misleading.
“The City of Penitas has been plagued by issues of corruption and breaches of public trust and is actively working to mislead the public by spreading misinformation,” a news release said. “Hidalgo County and Precinct 3 do not condone the City of Penitas’ attempts to mislead voters, nor the City’s attempt to interfere with a lawful election.”
Peñitas filed the lawsuit Thursday in an effort to restore the Peñitas Public Library as a polling location for early voting and the general election.
The lawsuit listed Hidalgo County, Villarreal, the Hidalgo County Elections Department and its interim elections administrator Hilda A. Salinas as defendants. The TRO was signed Thursday afternoon by Judge Rogelio Valdez.
Valdez initially ordered the defendants to “immediately cease and desist from proceeding with the early voting elections … without opening the Penitas Public Library polling location…”
“I think it’s very irresponsible of the city to have sued the county,” Villarreal said after Valdez’ order was nullified. “This is what I don’t understand, and it’s a little bit frustrating and disappointing to be acting as if the elections department or the county did this to (La Joya ISD) or to Agua (Special Utility District) or to anybody when they are the ones who did not want a (polling) site in Peñitas, and approved not having a site in Peñitas, and did not allow the elections department to use a site that they recommended in Peñitas — which was John F. Kennedy Elementary School at 1801 Diamond Avenue.”
Villarreal pointed to documents signed by La Joya ISD Superintendent Gisela Saenz on Jan. 11 refusing the Hidalgo County Elections Department from using Kennedy Elementary in Peñitas or Kika de la Garza Elementary School in Mission as polling sites.
The commissioner also referenced a document, an order of general election, that was issued Aug. 10 and signed by six of the seven La Joya ISD board members. The document includes a list of polling locations throughout the county. Notably absent from the list is the Peñitas Public Library.
“They approved it,” Villarreal said. “I don’t understand why they are doing this at this moment — even after they signed this document on the 10th of August. They still, I believe, had eight days to make changes if they did not like anything — that they might have wanted to change their mind.
“If they changed their mind that they did want a site in Peñitas, they could have come to the elections department within the time frame allowed by the state,” he continued. “We need to comply by the state. It’s not rules that we make. The county is not going to violate any law. We need to follow all rules and regulations in a timely manner. That’s what the elections department has done. I really am confused on what the issue is when they’re the ones that did not want a site in Peñitas.”
The La Joya Independent School District and Agua Special Utility District both have elections for three trustee seats and four directors, respectively. Peñitas does not have any local elections on the ballot.
Peñitas Mayor Ramiro Loya said politics were behind the decision to not allow the Peñitas Public Library as a polling site, but he remained optimistic that a decision would be made sometime this week to reestablish the site.
“I will be waiting until (Tuesday) to see what the attorneys have to say,” Loya said. “My only thing in regards to that is in the situation that we’re in with the county, Hidalgo County Precinct 3, that is because of Commissioner Everardo Villarreal and the party that he’s supporting here in the La Joya area. They are afraid of losing the election. That’s why we don’t have a voting place in Peñitas, because they know the votes are there and the voters come and vote.”
The mayor said he’s been receiving calls from local voters asking about the status of the Peñitas Public Library as a polling location.
“It’s not there yet, but we’re still fighting for it,” Loya said. “Hopefully, we will get it sometime this week. If it does, that’s what we’ve been praying for. I just want the people of Peñitas to know that they’re not by themselves. We’re fighting.”
The La Joya Youth Center, located roughly three miles from the Peñitas Public Library at 604 Salomon Chapa Street, remains the only polling site in the area. Early Voting will continue as scheduled through Nov. 4. Election Day is Nov. 8.
A temporary restraining order hearing is scheduled for Friday, Nov. 3, at 1:30 p.m. in the 92nd state District Court.
