Petition for Writ of Mandamus in Texas

What Is a Petition for Writ of Mandamus?

Understanding the Purpose and Significance of a Petition for Writ of Mandamus

“The election code…authorizes petitions for writ of mandamus to be filed in connection with the holding of elections.” (See In re Jones, No. 05-22-01113-CV, at *2 (Tex. App. Oct. 21, 2022).)

“Mandamus relief exists to correct a clear abuse of discretion when no adequate appellate remedy exists.” (See In re Morris, No. 23-0111, at *5 (Tex. Mar. 17, 2023).)

“The Election Code expressly grants our Court the authority to compel the performance of any duty imposed by law in connection with the holding of an election. We may also issue appropriate injunctive relief to prevent harm caused by a violation of the Election Code.” (See id.)

Rules for Filing a Petition for Writ of Mandamus

Sections 273.061 – 273.063 of the Texas Election Code governs mandamus by appellate courts.

“The supreme court or a court of appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election or a political party convention, regardless of whether the person responsible for performing the duty is a public officer.” (See Tex. Elec. Code § 273.061(a).)

“The court of criminal appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the provision, sequestration, transfer, or impoundment of evidence in or records relating to a criminal investigation conducted under this code or conducted in connection with the conduct of an election or political party convention. If a writ of mandamus is issued under this subsection, it shall include an order requiring the provision, sequestration, transfer, or impoundment of the evidence or record.” (See Tex. Elec. Code § 273.061(b).)

“A proceeding to obtain a writ of mandamus under this subchapter shall be conducted in accordance with the rules pertaining to original proceedings of the court in which the petition is filed.” (See Tex. Elec. Code § 273.062.)

“A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section.” (See Tex. Elec. Code § 273.063(a).)

“A petition pertaining to an election must be filed with the court of the court of appeals district in which:

the respondent resides, or in which one of them resides if there is more than one respondent, if the election is statewide; or
the territory covered by the election is wholly or partly situated, if the election is not statewide.”

(See Tex. Elec. Code § 273.063(b).)

“A petition pertaining to a political party convention must be filed with the court of the court of appeals district in which:

the respondent resides, or in which one of them resides if there is more than one respondent, for a state convention;
the territory represented by the convention delegates is wholly or partly situated, for a district convention; or
the precinct or county is situated, for a precinct or county convention.”

(See Tex. Elec. Code § 273.063(c).)

Discretion of the Court in Deciding a Petition for Writ of Mandamus

“Mandamus is not issued as a matter of right, but in the exercise of a sound judicial discretion…” (See Palm v. Lesher (1973) 489 S.W.2d 351, 355; Moore v. Rock Creek Oil Corporation (1933) 59 S.W.2d 815; Westerman v. Mims (1921) 111 Tex. 29, 227 S.W. 178.)

“Mandamus relief exists to correct a clear abuse of discretion when no adequate appellate remedy exists.” (See In re Morris, No. 23-0111, at *5 (Tex. Mar. 17, 2023).)

Legal Precedents and Case Law on a Petition for Writ of Mandamus

It is well settled that “a proceeding to obtain a writ of mandamus under § 273.063 of the election code shall be conducted in accordance with the rules pertaining to original proceedings of the court in which the petition is filed.” (See Tex. Elec. Code Ann. § 273.062; In re Jones, No. 05-22-01113-CV, at *2 (Tex. App. Oct. 21, 2022).)

It also is well settled that “this court may compel by writ of mandamus the performance by a public officer of any duty imposed upon him by the law in connection with the holding of any general election, provided the duty of the officer is clearly fixed and required by law.” (See Palm v. Lesher (1973) 489 S.W.2d 351, 354; Oney v. Ammerman (1970) 458 S.W.2d 54.)

Documents for Petition for Writ of Mandamus in Texas

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STEVEN WASKOW, MD vs. ADDISON BROWN, LLC et al document preview

PROPOSED ORDER FOR TURNOVER & APPOINT RECEIVER - Motion - Turnover

2 pages

Cause No. DC-23-05065 STEVEN WASKOW, M.D., § IN THE DISTRICT COURT OF Plaintiff, § § vs. § § DALLAS COUNTY, TEXAS ADDISON BROWN, LLC, JUSTIN § BROWN, RICK LOCKHART, and …