Complaint,Petition: Shana Arthur vs. Soco M. Gorjon

On March 11, 2024 a Complaint,Petition was filed involving a dispute between and for Other Civil - Over $250,000 in the District Court of Montgomery County.

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CAUSE NO.

SHANA ARTHUR IN THE DISTRICT COURT
Plaintitt

JUDICIAL DISTRICT

SOCO M. GORJON, IN HER OFFICIAL
CAPACITY AS CITY SECRETARY,
Defendant MONTGOMERY COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION FOR EMERGENCY WRIT OF MANDAMUS
APPLICATION FOR EMERGENCY INJUNCTIVE RELIEF,
AND MOTION FOR EXPEDITED DISCOVERY

Plaintiff Shana Arthur files this Original Petition against Defendant Soco M. Gorjon,

in her Official Capacity as City Secretary of the City of Conroe, Texas and respectfully shows

the Court as follows:

REQUEST FOR EMERGENCY RELIEF

Plaintiff seeks emergency injunctive relief prohibiting Defendant Gorjon from

taking further steps to submit the name of Real Party in Interest Councilman Curtis L.

Maddux for the City of Conroe May 2024 General Election, and that this court grant

emergency mandamus relief compelling Defendant to reject the application of Councilman

Maddux as a candidate for election to the office of Councilmember Place 2. On Friday,

March 8, 2024, the Houston Chronicle and Montgomery County Courier reported dispositive

admissions by Defendant Gorjon revealing for the first time that (a) Councilman Maddux

failed to personally appear and swear and take the required oath to run for the office of

Councilmember Place 2;and _) City of Conroe staff were instructed by Councilman Maddux

in his capacity as Councilman Place 2 for the City of Conroe to retrieve and accept his

Plaintiff's Original Petition Page 1
application without him taking the required oath as mandated by Texas Election Code

141.031.

As such, Councilman Maddux’s application is fatally flawed and Defendant

Gorjon had no discretion to accept it. Plaintiff seeks expedited discovery, a temporary

injunction hearing no later than arch 15, 2024, and emergency mandamus relief.

ISCOVERY CONTROL PLAN

Pursuant to Texas Rule of Civil Procedure 190.3, this action is governed by a

Level 2 discovery control plan.

PARTIES

Plaintiff Shana Arthur is an individual who is a resident and citizen of

Montgomery County, Texas and is a candidate for the office of Councilmember Place 2 of the

City of Conroe, Texas.

Defendant Soco M. Gorjon is being sued in her official capacity as the City

Secretary of the City of Conroe, Texas. She may be served at 300 W. Davis Conroe, Texas

77301, or wherever she may be found.

Real Party in Interest Curtis L. Maddux is an individual who is a resident and

citizen of Montgomery County, Texas. Councilman Maddux is a candidate for the office of

Councilmember Place 2 of the City of Conroe, Texas. Councilman Maddux is not being sued,

but will be provided notice of this action by delivering a copy to his address, 104 Timberside

Drive, Conroe, Texas 7730 , to his public email address, curtmadduxcampaign@gmail.com

and to the Conroe City Attorney Mike Garner.

Real Party in Interest Betty Boren Avery is an individual who is a resident and

citizen of Montgomery County, Texas. Avery is a candidate for the office of Councilmember

Plaintiff's Original Petition Page 2
Place 2 of the City of Conroe, Texas. Avery is not being sued, but will be provided notice of this

action by delivering a copy to her address, 3110 Soaring Pines Trail, Conroe, Texas 77301, and

to her public email address, bba.24election@gmail.com.

VENUE AND JURISDICTION

Venue is proper in Montgomery County, Texas pursuant to Texas Civil

Practice and Remedies Code § 15.002.

Jurisdiction is proper pursuant to Texas Election Code 8§ 273.062 and

273.081. See also Sheppard v. Thomas, 101 S.W.3d 577, 580 (Tex. App.Houston [1st Dist.]

2003, pet. denied) (holding trial courts are vested with original mandamus jurisdiction over

public officials).

Plaintiff seeks only non monetary injunctive and mandamus relief.

REQUEST FOR EMERGENCY RELIEF

Plaintiff requests emergency consideration of this petition due to the short

deadline for ballot printing and the commencement of early voting on April 22, 2024. The

general election is scheduled to take place on May 4, 2024.

FACTS AND PROCEDURAL HISTORY

12. The municipal general election for the City of Conroe, Texas is scheduled for

May 4, 2024. This action is a challenge to the form, content, and procedure of an application

for a place on the City of Conroe general election ballot. Tex. Elec. Code § 141.034.

13. Councilman Maddux is a candidate for the office of Councilmember Place 2 of

the City of Conroe, Texas. Plaintiff Arthur and Real Party in Interest Avery are also

candidates for the same office.

Plaintiff's Original Petition Page 3
14. To be placed on the ballot, Councilman Maddux completed an application,

signed it, and left it on his desk at City Hall before the filing period opened Upon information

and belief, while Councilman Maddux was not in the State of Texas instructed Defendant

City of Conroe City Secretary M. Gorjon to retrieve the application from his ity office

and have it notarize outside of his presence When the filing period opened on January 17,

2024, Gorjon, at Councilman Maddux direction, caused ity of Conroe administrative

assistant, Pamela Brown, to notarize the application and then formally accepted Councilman

Maddux’s application Exhibit A, Application of Curtis L. Maddux Gorjon also similarly

retrieved for filing from a City office the application for Councilman Bobby Todd Yancey, an

incumbent and candidate for the office of Mayor

15. Maddux did not swear to the application before a person authorized to take an

oath. n March 8, 2024, Gorjon publicly made dispositive admissions to news media,

including the Houston Chronicle and the Courier of Montgomery County, that Councilman

Maddux instructed her to retrieve his application from his City office, have it notarized

outside of his presence, and accept it for filing. Exhibit News Article That same day

Gorjon sent a determination letter refusing to reject the application and stating that she was

instructed to retrieve Councilman Maddux’s application from his desk in his City office.

Exhibit , Determination Letter.

16. Despite established policy for the City of Conroe general election that failure to

complete the required information will cause the application to be invalid, Gorjon refused to

reject Councilman Maddux’s defective applicatio Exhibit D, Gorjon’s Instructions to

General Election Candidates. Plaintiff has re urged Defendant Gorjon to reconsider her

Plaintiff's Original Petition Page
determination Exhibit E,3/10/ 24 Email from Plai tiffto Defendant. At the time of this

filing, a response has not been received.

17. Plaintiff has challenged the application of Councilman Maddux to be on the

2024 City of Conroe General election allot on the bases that ( ) the signature was not

properly notarized and was not sworn to; and ( ) the application was not properly filed

because it was left on a desk for the City Secretary to retrieve.

ARGUMENTS AND AUTHORITY

18. Defendant City Secretary Gorjon must reject Councilman Maddux’s

application because it does not meet the strict form, content, and procedure requirements of

the Texas Election Code.

19. Chapter 141 of the Texas Election Code generally addresses candidacy for a

public office. The Secretary of State promulgates an officially prescribed form for an

application for a place on the ballot. Tex. Elec. Code §§ 141.031, 141.039. A candidate’s

application for a place on a ballot, among other requirements, must (1) be signed and sworn to

before a person authorized to administer oaths and indicate the date the candidate swears to

the application; and (2 properly filed with the appropriate authorit Tex. Elec. Code §

141.031(a).
20. Ifan application does not comply with the requirements as to form, content, or

procedure, the authority with whom the application is filed “sha//reject the application and

immediately deliver to the candidate written notice of the reason for the rejection.” Tex. Elec.

Code § 141.032(a), (e) (emphasis added).

21. “Election officials and other public officials shall strictly construe the

provisions of [the Texas Election Code] to effect the intent of the legislature under Section

Plaintiff's Original Petition Page 5
1.0015.” Tex. Elec. Code § 1.003(a 1). The legislative intent is “that the application of this code

and the conduct of elections be uniform and consistent throughout this state to reduce the

likelihood of fraud in the conduct of elections, protect the secrecy of the ballot, promote voter

access, and ensure that all legally cast ballots are counted.” Tex. Elec. Code § 1.0015.

Gorjon, as the City Secretary, as the authority with whom the application is

filed As an election official or other public official, Gorjon was required to strictly construe

the provisions of the Election Code. If an application does not meet the statutory

requirements, Gorjon has no discretion to accept the application, and must reject the

application

23. Councilman Maddux’s application fails to meet the requirements of Texas

Election Code § 141.031(a) because it (1) was not sworn to before a person authorized to

administer oaths; and (_) was not properly filed with the City Secretary.

24. Accordingly, Gorjon must reject Councilman Maddux’s application.

Councilman Maddux’s application for Mayor was not sworn to before a person
authorized to administer oaths.

25. An application for a place on the ballot must be “signed and sworn to before a

person authorized to administer oaths.” Tex. Elec. Code § 141.031(a)(2). This requirement

comports with the Legislature’s intent to prevent fraud. See Tex. Elec. Code § 1.003(a 1).

26. The oath is a quintessential requirement for the application. Among other

items, the oath requires a candidate to swear that the statements contained in the application

are true and correct. It also requires a candidate to swear to support and defend the

Constitution and the laws of the United States and of the State of Texas.

Plaintiffs Original Petition Page
27. Councilman Maddux nstructed Gorjon to retrieve his application from his

City office and have a City employee notarize it outside of his presence so that it appeared he

took the oath when did not. This intentional conduct is in direct contravention of what the

oath requires and is a violation of the very laws he purports to have sworn to uphold. Such a

blatant and intentional violation of the law frustrates the legislative intent to prevent the

likelihood of fraud

28. The statute unequivocally requires that a candidate sign and swear to an

application before a person authorized to administer oaths. Councilman Maddux

intentionally did not do so. Accordingly, Councilman Maddux’s application does not meet the

form, content, or procedure required for a place on the ballot. Gorjon therefore has no

discretion to accept Councilman Maddux’s application and must reject it.

Councilman Maddux’s application for Mayor was not properly filed with the
appropriate authority.

29. A candidate seeking a place on a ballot must timely file the application with the

appropriate authority. Tex. Elec. Code § 141.031(a)(8). Delivery, submission, or filing an

application under the Texas Election Code may be made by “personal delivery, mail,

telephonic facsimile machine, e mail, or any other method of transmission.” Tex. Elec. Code

§ 1.007(c). An application is considered filed “at the authority s usual place for conducting

official business.” Tex. Elec. Code § 1.007(a). n authority with whom an application must be

filed may also accept an application “at a place other than the authority s usual place for

conducting official business.” Tex. Elec. Code § 1.007(b).

30. It is undisputed that Councilman Maddux did not personally deliver, mail, fax,

or email his application to Gorjon. Rather, at Councilman Maddux’s instruction, Gorjon

Plaintiff's Original Petition Page
retrieved the signed but unsworn application from Councilman Maddux’s City office the

morning the application period began, had the application notarized outside of Councilman

Maddux’s presence, and accepted it for filing. While the Election Code provides a broad array

of acceptable filing methods, the manner in which Councilman Maddux caused his

application to be filed is in contravention of the legislative intent to ensure that “the conduct

of elections be uniform and consistent throughout this state.” Tex. Elec. Code § 1.0015. The

mere fact that Councilman Maddux is an incumbent and has a City office provides

Councilman Maddux an unfair advantage over the other candidates. No other candidate had

the same access to the same manner and method of filing.

31. Merely leaving Councilman Maddux application in his City office does not

constitute personal delivery, mail, fax, or e mail. Only by virtue of his current position as a

council member is he allowed use of a City office and the ability to order City taffto process

and accept his application. Allowing Councilman Maddux to cause his application to be filed

in this manner is an abuse of his office.

32. Gorjon should accordingly be ordered to reject Councilman Maddux’s

application.

DECLARATORY RELIEF

Plaintiff incorporates and re alleges each prior paragraph.

34. Councilman Maddux’s application for the office of Councilmember Place 2 is

defective in form, content, and procedure. The City Secretary, Gorjon, has refused to reject

the application submitted by Councilman Maddux.

35. Pursuant to Chapter 37 of the Texas Civil Practice & Remedies Code, Plaintiff

seeks the following declarations from this Court:

Plaintiff's Original Petition Page 8
Councilman Maddux caused to be filed with the City Secretary of the City of
Conroe, Texas an application to appear on the May 4, 2024 City of Conroe
municipal general election. In it, he sought the position of Councilmember
Place 2.

The Texas Election Code requires a candidate to sign and swear to the
application before a person authorized to take oaths. Councilman Maddux
failed to swear to the application before a person authorized to take oaths in
violation of Texas Election Code § 141.031(a)(2).

Councilman Maddux left his signed but not sworn application in his City office
and did not personally deliver, mail, fax, or e-mail it to the appropriate
authority.

Councilman Maddux’s application failed to meet the form, content, and
procedure requirements to be placed on the ballot. Gorjon must therefore
reject Councilman Maddux’s application for a place on the ballot in the City of
Conroe municipal general election and lacks discretion to do so otherwise.

APPLICATION FOR TEMPORARY INJUNCTIVE RELIEF

36. The Texas Election Code specifically authorizes “[a] person who is being

harmed or is in danger of being harmed by a violation or threatened violation of [the] code to

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

Elec. Code § 273.081.

37. Plaintiff has demonstrated a likelihood of success on the merits on h claims

for mandamus and declaratory relief. The balance of equities favor the issuance of injunctive

relief because without injunctive relief, Councilman Maddux would be permitted to remain

on the May 4, 2024 City of Conroe municipal general election ballot in violation of the Texas

Election Code.

38. Plaintiff is threatened with imminent harm in the absence of a temporary

injunctionTex. Elec. Code § 141.034 (setting forth the 50 thdaybefore the date ofthe election

Plaintiff's Original Petition Page 9
as deadline to bring a challenge to an application). Further, upon information and belief,

ballots are to be printed March1 , 2024.

39. The harm in which Plaintiff is threatened is irreparable.

40. Plaintiff is likely to prevail on the merits. The facts are undisputed that

Councilman Maddux did not swear to his application before a person authorized to take oaths.

Texas Elec. Code 141.031. Councilman Maddux’s application is therefore defective as to

form, content, and procedure and is in violation of the Texas Election Code.

41. Plaintiff has no adequate remedy at law due to the extremely compressed

schedule for printing the ballots and early voting.

42. Accordingly, Plaintiff seeks a temporary injunction hearing date before this

Court no later than March 15, 202 and requests this Court restrain Defendant City of

Conroe City Secret ry Soco M. Gorjon from submitting the name of Real Party in Interest

Curtis L. Maddux for the City of Conroe May 2024 General Election as a candidate for the

office of Councilmember Place 2, to the election authority administering the election.

Plaintiff further seeks an order for expedited discovery described below prior to any such

setting.

43. Plaintiff requests that bond be set at no more than $100.00.

WRIT OF MANDAMUS

Plaintiff further requests that this court issue writ compelling Defendant

Gorjon to reject the application of Councilman Maddux as Defendant Gorjon did not possess

any discretion to accept said application. Tex. Elec. Code § 273.06 Sheppard,101S.W.3d

580 (holding trial courts are vested with original mandamus jurisdiction over public

officials).
Plaintiff's Original Petition Page
CONDITIONS PRECEDENT

Allconditions precedent have been performed, occurred, or have been excused.

REQUEST FOR EXPEDITED DISCOVERY

46. Due to the exigent nature of this proceeding, Plaintiff requests expedited

limited discovery The factual disputes, if any, are limited. Plaintiff seeks an Order (see

attached) for expedited limited written discovery including requests for production and

requests for admission, to completed and served by close of business March 13, 2024, and that

three limited depositions take place on March 14, 2024, to be completed that day prior to any

injunction hearing for which this Court may set.

CONCLUSION AND PRAYER

Plaintiff Shana Arthur respectfully requests that, upon final trial of this case, this

Court

Set a temporary injunction hearing to take place no later than March 15, 2024;

Grant Plaintiff Arthur’s request for limited expedited discovery (see attached
Proposed Order);

Issue a temporary injunction requiring City Secretary Soco M. Gorjon to
refrain from submitting the name of Curtis L. Maddux for the May 4, 2024 City
of Conroe municipal general election ballot to the authority administering the
election;

Issue writ ordering Defendant City Secretary Soco M. Gorjon to reject the
application of Curtis L. Maddux;

ward attorney’s fees and costs pursuant to the Texas Civil Practice &
Remedies Code § 37.009;

ward all taxable costs of court; and

All other and further reliefto which hemayshowh self justly entitled to.

Plaintiffs Original Petition Page
Respectfully submitted,

ELDMAN ELDMAN P.C.

‘sf Cris Feldman
Cris Feldman
State Bar No. 24012613
cris.feldman@feldman.law
Derek D. Bauman
State Bar No. 24044475
derek.bauman@feldman.law
Kimberly Dang
State Bar No. 24116246
kimberly.dang@feldman.law
3355 West Alabama Street, Suite 1220
Houston, Texas 770
Phone: (713) 986 9471
Facsimile: (713) 986 9472

Attorneys for Plaintiff Shana Arthur

Plaintiff's Original Petition Page
HER OFFICIAL

SHANA ARTHUR

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Plaintiff's Original Petition Page 13
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Plaintiff's Original Petition Page 14
Plaintiff's Original Petition Page 15
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Plaintiff's Original Petition Page 16
Plaintiff's Original Petition Page 17
2 Conroe election applications violated state law, officials say https://www.houstonchronicle.com/neighborhood/conroe/article/ya

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SUBURBS // CONROE
Conroe city secretary will not invalidate 2 election applications that violated state law,
letter states
By Catherine Dominguez, Staff writer
March 8, 2024

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The Conroe Tower is seen in 2023, Conroe mayoral hopeful Councilman Todd Yancey and Mayor Pro
Tem incumbent Curt Maddux and might be ineligible to appearon the ballot after their applications
were notarized and filed without the men appearing in person. a violation of state law.
Jason Fochtman, Houston Chronicle / Staff photographer

Conroe mayoral hopeful Council Member Todd Yancey and Mayor Pro Tem incumbent Curt Maddux might be ineligible to appear on the ballot after
their applications were notarized and filed without the men appearing in person, a violation of state law.

The Texas Secretary of State's Office confirmed Monday that, according to law, personal appearance is required for the notarization process.

In a letter sent to the Houston Chronicle and city council members late Friday, City Secretary Soco Gorjon said applications for city council can be
accepted in "many different ways" and the procedure used for Maddux and Yancey has been in place by the city for many years

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“1am not invalidating the applications based on this technicality," Gorjon said.

She said she was advised that it is not in the public interest to invalidate applications on this basis, because public offices should be decided by “fair
and vigorous" elections, according to case law provided by Interim City Attorney Mike Garner

Gorjon stated she contacted the Texas Secretary of State's Office, and it was recommended that "the city of Conroe notarize documents with elected
officials as specified by code rather than the city of Conroe's standard operating procedures that were in place."

According to the applications obtained by the Houston Chronicle, Maddux's and Yancey's applications were notarized at 8 a.m. Jan. 17 by
Administrative Assistant Pamela Brown and signed by Gorjon as the city's filing officer.

Plaintiff's Original Petition Page 18
1 of3 3/10/2024, :55 PM
2 Conroe election applications violated state law, officials say https://www.houstonchronicle.com/neighborhood/conroe/article/ya

City Administrator Gary Scott said Gorjon instructed Brown to notarize the applications. Brown declined to comment.

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Gorjon confirmed that Maddux and Yancey were not present when the applications were notarized and filed. Maddux and Yancey did not respond to
requests for comment.

MORE ELECTION NEWS: Wheeler defeats Noack in Montgomery County Republican primary, Henderson headed for runoff

Yancey is running for mayor against Kristin Wilkinson-Guardino and former Council Member Duke Coon. Maddux is seeking a second term for Place 2
and is facing Shana Arthur and Betty Coren Avery.

Filing for the May 4 election began Jan. 17 and ended Feb. 16

“Both Todd and Curt left their signed applications on their desk and | was instructed to pick them up and receipt them at 8 am on January 17, 2024,”
Gorjon said in a March 1 email.

Scott said that while most city staff report to him, the city secretary reports to the City Council. Also, state law gives the city secretary full authority
over acceptance or rejection of applications for public office as the municipality's election authority.

“Any discussion or corrective action would rest on the council," Scott said.

He said he will instruct Garnerto notify all city staff with notary responsibilities to follow all statutory legal requirements. "I take it seriously and our
staff should as well," he said.

Council Member Marsha Porter said she learned of the application issue late Thursday.

"L received an email from Mike Garner late last night officially confirming that we had election ballot issues," she said. "| swore an oath to uphold the
law, as did all members of council. | will uphold the law. | hope that all my fellow City Council members feel the same the way."

Council Member Harry Hardman said that "it is a shame that my fellow councilmen have caused this issue, but the election process is a sacred part of
our democracy, and it should be strictly followed and respected."

The council will meet Wednesday.

Scott said state law allows challenges to applications for a place on the ballot until the 50th day before the May 4 election, which is March 15.
March 8, 2024

By Catherine Dominguez
Catherine Dominguez is a Houston Chronicle reporter who covers Montgomery County, including the city of Conroe and Conroe ISD.

Complaint,Petition: Shana Arthur vs. Soco M. Gorjon

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Complaint,Petition: Shana Arthur vs. Soco M. Gorjon

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