IN RE: EL PASO REPUBLICAN PARTY and Raymundo Baca (2022)

OPINION

This is a mandamus action invoking this Court's original supervisory mandamus jurisdiction over elections and political party officers.¹ The El Paso Republican Party (the County Party) and Raymundo Baca, Relators, contend that Respondent Rick Seeberger violated a ministerial duty as the “person formerly serving as the county chair” to turn over control of the County Party's bank account and other property to Baca, the “new county chair,” under Texas Election Code Section 171.028(a). They ask we issue a writ of mandamus compelling Seeberger to turn over County Party property to Baca. Seeberger asserts he has no duty to turn control over the property over to Baca, maintaining inter alia that although he did submit a letter of resignation to the County Party, he should remain chair of the County Party through his full elected term because he retracted his resignation prior to the letter's effective date, thereby making the County Party's election replacing him with Baca ineffective.

However, during the pendency of this mandamus action, Baca ran unopposed for the Party chairmanship. He was elected on March 1, 2022. Baca became the undisputed chairman of the Party on June 13, 2022, 20 days after the May 24, 2022, primary runoff date. See Tex.Elec.Code Ann. § 171.022(c).

The March 2022 election has eliminated any factual dispute over who has the superior right to immediately control Party assets effective June 13, 2022. See id. § 171.028(a)(providing that a former chair must turn over County Property to the new chair within 30 days). Because that date has passed, this mandamus action is moot, and we must dismiss Cause No. 08-21-00102-CV for lack of subject-matter jurisdiction. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012)(holding a case becomes moot when events make it impossible for the court to grant the relief requested or otherwise “affect the parties’ rights or interests”).

FOOTNOTES

1.   This mandamus action is the companion case of case number 08-21-00093-CV, in which Seeberger appeals the trial court's order granting Baca's plea to the jurisdiction. Both cases share the same relevant factual and procedural history, which are more fully outlined in that opinion.

YVONNE T. RODRIGUEZ, Chief Justice