The State of Texas’ Eleventh Court of Ap-January 18, 2024 regarding a proceeding in which Steven Gerdes, citizen of Ranger, Texas, asks the Court to order the City of Ranger to schedule a special election for the recall of Ranger City commissioners Kevan Moize and Samantha McGinnis. The opinion noted that Kevan Moize ran for mayor of the City of Ranger in 2023 and lost. He was appointed as a city commissioner to the seat he now occupies. Samantha McGinnis is also a city commissioner, whose recent candidacy was unopposed. The city commission cancelled her election, and no votes were cast in her favor before she was seated as commissioner. “The City charter requires the commissioners to schedule a recall teen days nor more than thirty days’ from the time the petition was presented to the city. - Ranger, Tex., CHARTER, art. II - 24 (1919). However more than five months
have now elapse, and the city has taken no action to schedule a recall election.”
The commissioners have argued that they are under no duty to schedule a recall elections, based expressing the opinion that the petitions are defective and that, after their examination they concluded the petitions did not have required the The 11th Court of Appeals found, however, that “by determining that Moize and McGinnis are not and (by implication) cannot be subject to recall, the commissioners have misconstrued their role and responsibilities in the process.” Sister court of appeals have consistently held that “city commissioners and no right or authority to refuse a recall petition ings that the petition is defective.” the charter provides that “where the city fails to receive the recall petition, order the election, or discharge other related duties, ‘the County Judge of Eastland County, Texas, shall discharge any such duties.” Gerdes, therefore named Eastland County Judge David Hullum as a respondent. This, however, has been questioned on the basis of any constitutional or statutory authority, and even by the Texas Attorney Genernot authorize a county judge to order a special municipal recall election.”).
