Omissions on residency require hopefuls to file as write-ins

Omissions in filings by four local candidates will result in their names not appearing on the May 7 Village of Salado or the Salado ISD Board of Trustees election ballots.

Local officials are also finding out that they are not alone in facing this issue. Cities across the state, including Cedar Park and Kilgore, have learned that they must reject the applications for election due to fatal omissions concerning residency.

In order to qualify, a candidate must live within the state for one year and within the territory in which they seek election (school district, city, library district, etc.) for six months.

Despite their names not appearing on the May 7 ballots, mayoral candidate Skip Blancett, alderman candidates Amber Preston-Dankert and Linda Reynolds and Salado ISD Trustee candidate Michael Matthews will be Write-In Candidates.

All four filed the proper paperwork to be Write-In candidates after  they were informed by the Village of Salado and Salado ISD staff that their applications would be rejected.

The three Village of Salado candidates were informed about noon Feb. 23 that the applications they filed with the Village of Salado had omissions concerning residency, even though they were reviewed and signed by Village Secretary Mary Ann Ray.

Matthews was informed mid-afternoon by Supt. Michael Novotny that his application was rejected. The omissions was discovered after a call by this newspaper to SISD administrative offices.

Blancett filed on Feb. 19, the last day to file as a candidate. Preston-Dankert filed on Feb. 2. Reynolds filed on Feb. 8.

Blancett and Reynolds did not fill in the form in terms of the “Length of Residency in the Territory Elected From.” Blancett filled in that he has lived continuously in the State for two years, two months. Reynolds filled in that she has lived continuously in the State for four years, three months.

Preston-Dankert filled in that she has lived continuously in the “Territory Elected From” for 13 years. She has been a resident of the state for 35 years, 11 months.

However, Preston-Dankert did not complete the Permanent Residence Address portion of the Application. She did complete part of the Permanent Residence Address portion of the Application to state “Salado, TX 76571” but gave no further address.  Instructions on the form state: “Do not include a P.O. Box or Rural Route. If you do not have a residence address, describe the address at which you receive personal mail and location of residence.” Preston-Dankert did complete the form in terms of Permanent Mailing Address with her address of 2313 Chisholm Trail, Salado, TX 76571.

Texas Secretary of State office states on its website: “The Election Code provides no process for a candidate to supplement a defective application. The application and petition must stand or fall as originally filed. Some case law seems to suggest that in certain cases, a candidate may have a right to supplement a defective petition.”

Furthermore, “The Texas Supreme Court has held that candidates, who made timely filings and whose petitions were accepted, could not be rejected later for minor clerical errors that could have been fixed had the candidate been notified of the defect,” according to the Secretary of State website.

If an application does not comply with applicable requirements, the authority must reject the application and immediately deliver to the candidate written notice of the reason for the rejection, according to State Election Code [Sec. 141.032(e)].

The Secretary of State website states that: “Unless accompanied by a petition, the review must be completed not later than the fifth day after the date the application is received by the authority.” State Election Code [Sec. 141.032(b)]

By this stated standard, Preston-Dankert should have been informed that her application was invalid no later than Feb. 7. Reynolds should have been informed that her application was invalid no later than Feb. 13. Neither was informed until Feb. 23 at about noon when they learned that the only remedy to them was to file as a write-in candidate.

The deadline to file as Write-In candidate was 5 p.m. Feb. 23.

The issue came to the attention of City Secretary Mary Ann Ray after she read an email from another city secretary in Kilgore that faced the same issue. The election applications have changed slightly this year.

Hans Fields will appear on the ballot as candidate for Mayor. According to his application, he has been a resident of the state for 55 years and a resident of the Village of Salado for eight years, two months. Frank Coachman will appear on the ballot as candidate for alderman. He has lived in the state for 52 years, seven months and in the Village for 14 years, six months.

A review of applications filed by candidates for the Salado Public Library District Board of Directors found no omissions in terms of residency. Bill Kinnison and Nancy Mills Mackey are the only two candidates to have filed for election by the Feb. 19 deadline. No one filed as a write-in candidate by the Feb. 23 deadline. According to their applications, Kinnison has lived in the State for 16 years and in the Library District for 16 years. Mills Mackey has lived in the state for 61 years and in the district for one year, seven months.

A review of applications filed by candidates for the Salado Independent School District Board of Trustees found no omissions in terms of residency of Darrell Street and Jeff Kelley, who have both filed for re-election to the SISD Board. Michael T. Matthews’ original application did have omissions in terms of residency. Matthews  has filed as a Write-In candidate for election to the SISD Board of Trustees. Matthews stated on the original application that he has lived in the State for 58 years. He did not state on the original application how long he has lived in the District. He also did not list a Permanent Residence Address. He did list a Public Mailing Address.

On his application as a Write-in Candidate, Matthews stated he has lived in the district for six years.

Street has lived in the State for 73 years and in the District for 20 years. Kelley has lived in the state for 38 years and in the District for 38 years.

Early voting for the May 7 elections will be April 25-May 3. The last day to register to vote in the May 7 election is April 7.