SMITH COUNTY, Texas — There will be three candidates appearing on the March 3 ballot for Smith County Precinct 1 Constable, but only two of the candidates could fill the position.
Precinct 1 Constable and candidate Bobby Garmon filed a lawsuit, Garmon v. Smith County Democratic Party Chair Michael Tolbert, earlier this month to remove fellow candidate and Pct. 1 Deputy Constable Willie Mims Jr. from the March Primary ballot.
"I didn't file this lawsuit just for myself, but this lawsuit for our citizens of Smith County,” said Garmon. “You just don't put something together and just turn it in."
In the lawsuit, Garmon claims Mims' application did not follow the legal requirements from the Texas Election Code to be a candidate.
"Mr. Mims instead of filing and paying the filing fee, he did his petition and you need 200 petitions, he filed 212,” said Garmon. “Out of 212, 32 was not registered to vote and 26 did not live in the precinct."
During the nearly hour-long hearing, Mims was called to the stand. He asked the visiting Judge, Jim Parsons, if he would be testifying as a witness or if he’d need his legal counsel who was not present. The judge told Mims, he would be testifying as a witness.
As Garmon’s attorney, Dallas Tharpe, and later Tolbert questioned Mims, his responses were ultimately the same. Mims felt if Tolbert had told him the petition contained errors, he would have fixed things.
“I submitted them and like I said, if he turned them down, I would have given $1,000 (the candidate filing fee),” explained Mims.
Another point that was brought up during the hearing was the Affidavit of Circulator, a statement at the bottom of each page of the candidate application petition. Those wishing to run for office are required to sign and date it and read the statement to each person who fills out their petition.
In this case, Mims was required to verify each person’s information such as which precinct they live in, and if they are registered to vote in Smith County is correct.
“Mr. Mims being a deputy constable for 13 years, he should know the geographics of his territory,” Garmon said.
When the judge came to a decision, he ruled in Garmon’s favor and granted a temporary injunction on Mims as the Democratic party candidate for the General Election.
“My understanding is Willie Mims wins the election, his votes would not be counted,” explained Garmon. “We’d have to come back to the judge and he’ll sign a permanent.”
Mims’ name will remain on the March 3 ballot because the papers were printed last week.
However, if Mims receives the majority of votes in the primary election, there would be another court hearing to rule if the temporary injunction should be a permanent one. This would remove Mims from the May General Election ballot.
All three of the candidates running for Pct. 1 Constable filed as Democrats. Curtis Traylor Harris, who is a Texas Juvenile Justice Department corrections officer, is the other candidate. There are no Republican candidates on the ballot.