No.

____________
In the
Supreme Court of Texas
____________________

Daisy Campos Rodriguez,

petitioner,

vs.

Ricardo “Richie” Rangel, Jr.,

respondent.

____________________
On Petition for Review from the
Fourth Court of Appeals, San Antonio, Texas

Respondent’s Motion to Shorten Time to File

Petition for Review and Deny Motion for Rehearing

Baldemar Garcia Jr.

[email protected]
Lead appellate counsel for respondent
Person Mohrer Morales Boddy Garcia Gutierrez (PMBG), PLLC
602 Easr Calton Road, Suite 202
Laredo, Texas 78041
voice 956.727.4411
facsimile 956.727.7765
 No. __________

Daisy Campos Rodriguez,

petitioner,
vs.
Ricardo “Richie” Rangel, Jr.,

respondent.

Respondent’s Motion to Shorten Time to File

Petition for Review and Deny Motion for Rehearing

To the Honorable Supreme Court of Texas:

Now comes respondent/movant Ricardo “Richie” Rangel Jr. and files this his motion
to shorten the time for the filing of a petition for review by petitioner/non-movant
Daisy Campos Rodriguez and to deny her the right to file a motion for rehearing on
the denial of her petition for review, and in support thereof would respectfully show
unto the court as follows:

1. Movant/respondent/contestant is Ricardo “Richie” Rangel Jr. Non-

movant/petitioner/contestee is Daisy Campos Rodriguez.

2. On November 8, 2022, petitioner/contestee Daisy Campos Rodriguez was

elected as the Laredo City Council Member for District 2. (1 CR 21, 35)

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Respondent/contestant Ricardo Rangel Jr. filed an election contest, and Judge Susan
D. Reed, sitting by assignment in the 49th District Court of Webb County, Texas, then

conducted a trial on January 26, and 27, 2023. 1 (2 CR 1948-50). A final judgment
declaring Ricardo Rangel the true winner of the election for City of Laredo Council
District 2 was signed on February 2, 2023. (2 CR 1929-31). Ms. Rodriguez filed a
notice of appeal with the Fourth Court of Appeals.2 (2 CR 1882)

3. Both Ricardo Rangel and Daisy Campos Rodriguez filed their briefs. Daisy
Campos Rodriguez also filed a reply brief. The Fourth Court of Appeals issued their

opinion on November 13, 2023 wherein they affirmed the trial court’s findings that
Richie Rangel was the true winner of the election for City of Laredo Council District
2. Chief Justice Rebeca C. Martinez also issued a concurring opinion finding Ricardo
Rangel was the victor of the November 8, 2022, election. Ms. Rodriguez’s motion for
rehearing was denied on November 29, 2023, two days after its filing.

4. Under Section 221.051 of the Texas Election Code, Daisy Campos Rodriguez

is entitled to remain in office until the judgment against her becomes final. Despite
Ricardo Rangel being declared the winner in the trial court and the appellate court,
Ms. Rodriguez has been acting in the capacity of a council member for City of Laredo
District 2 for eleven months.

1
Cause No. 2022-CVK-001669-D1, styled Ricardo “Ritchie” Rangel Jr. v. Daisy Campos Rodriguez,
currently pending in the 49th District Court, Webb County, Texas.
2
Appeal No. 04-23-00099-CV, styled Daisy Campos Rodriguez v. Ricardo “Ritchie” Rangel Jr.,
currently pending in the Fourth Court of Appeals sitting in San Antonio, Texas.

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 § 221.015 Right to Occupy Office Involved in Contest

(a) If the official result of a contested election shows that the contestee
won, on qualifying as provided by law the contestee is entitled to occupy
the office after the beginning of the term for which the election was held,
pending the determination of the contest. …

(b) If a final judgment declaring the contestant elected is rendered after

the beginning of the term for which the contested election was held, on
qualifying as provided by law the contestant shall assume office as soon
as practicable after the judgment becomes final.

(c) A contestee occupying the office is entitled to the emoluments of the

office that accrue during the period of occupancy. A contestant who gains
the office is not entitled to emoluments for any period before the
contestant assumes office.

TEX. ELEC. CODE. ANN. § 221.015. The perfecting of an appeal in an election

contest suspends execution on the judgment pending the disposition of the
appeal. TEX. ELEC. CODE. ANN. § 232.016.

5. Pursuant to Section 2-29 of the Ordinance of City of Laredo, Daisy Rodriguez

has been receiving $50,000.00 per year, and benefits similar to other city employees

because she is sitting as a council member. She is also provided an additional

$19,800.00 for gas allowance, office allowance, and cell phone payments.

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6. In the nine months since the trial, there have been twenty-four City Council
meetings3 while Daisy Campos Rodriguez has retained the position of Laredo City

Council Member for District 2. During these meetings, Ms. Campos Rodriguez has
voted on over three-hundred matters impacting Laredo citizens. Such matters include
amending and introducing ordinances, rezoning, passing resolutions, accepting grants,

infrastructure development, and allocation of funds.

7. Daisy Campos Rodriguez has also appointed six individuals to the Impact Fees
Committee, Technical Review Board Ad-Hoc Committee, Suicide Prevention

Committee, Board of Adjustment Committee, Charter Revision Commission, and

Fine Arts & Culture Commission.

8. After several months without a permanent police chief, the Laredo City
Manager made two recommendations for the position on which council members
voted. The first recommendation failed in a five-to-four vote. Daisy Campos
Rodriguez was one of the five votes against the first recommendation. Subsequently,

Daisy Campos Rodriguez voted to approve the appointment of the second

recommendation as the new police chief.

9. Respondent/contestant filed a motion to accelerate this appeal, which was

initially granted by the trial court on February 3, 2023. (2 CR 1842-45, 1920) The
Fourth Court of Appeals affirmed the trial court’s order accelerating the appeal and

3
Laredo City Council Meeting Minutes are publicly posted at:
https://www.cityoflaredo.com/government/agenda-minutes. The Court is respectfully requested to
take judicial notice of the Minutes of the Laredo City Council Meetings. Tex. R. Evid. 201.

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granted Ricardo Rangel’s motion to accelerate pursuant to sections 232.014 and
232.015 of the Texas Election Code and Rule 28.1 of the Texas Rules of Appellate

Procedure. In their opinion, the Fourth Court of Appeals concluded “that the true
outcome of the November 8, 2022, election for Laredo City Council District II was
that Richie received more votes than Daisy, and Richie won the election.” Daisy
Campos Rodriguez v. Ricardo “Richie” Rangel, No. 04-23-00099-CV, at *51 (Tex. App.—
San Antonio November 13, 2023, n.p.h.). The Fourth Court then instructed that “any
motion for rehearing or en banc reconsideration must be filed within ten days of the
date of this opinion and judgment … The panel will not grant any motion for an
extension of time to file a motion for rehearing.” Id. at *52.

10. Rule 53.7(a) of the Texas Rules of Appellate Procedure grants authority to the
Texas Supreme Court to order a petition to be filed earlier than the 45-day deadline.
Tex. R. App. P. 53.7(a). The Texas Supreme Court is not required to grant extensions
for the filings of petitions for review and may deny the right to file a motion for

rehearing on the denial of a petition for review in exceptional cases if justice requires.
Tex. R. App. P. 53.(f); 64.1. If this Court denies the filing of a motion for rehearing,
the Fourth Court of Appeals can issue a mandate immediately on this Court’s denial

of Ms. Campos Rodriguez’s petition for review. Tex. R. App. P. 18.1.

11. On February 6, 2023, the Laredo City Council voted 5-3, with Ms. Campos
Rodriguez abstaining, that it had no confidence in her and that she should not take

any action until the Fourth Court of Appeals renders its decision. At the December 4,
2023 Laredo City Council Meeting, there was “discussion with possible action to

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allow Council by majority vote to suspend a Council Member who is found by trial
court, by a preponderance of the evidence, to have been elected by, or participated in,

voter fraud or any other illegal or unethical means, notwithstanding the exhaustion of
any appeals, and any matters incident thereto.”

12. Respondent/contestant would respectfully move this Supreme Court to

approve an earlier deadline for filing the petition from 45 days to 15 days. Further,
Daisy Campos Rodriguez should not be permitted to move for an extension
additional time to file her petition for review. Similarly, this Supreme Court should
not permit a motion for rehearing upon denying petitioner/contestee’s petition for
review.

13. Respondent/contestant Ricardo Rangel Jr. was rightfully entitled to assume

public office immediately after the general election on November 8, 2022, but due to
illegal voting as found by the trial court and affirmed by the appellate court, he has
been denied the privileges and emoluments of office and his constituents have been

denied the representation of their choice for the past twelve months. This injury is not
compensable by law, leaving him no other remedy other than the expediting of this
appeal as allowed by law.

Prayer

14. Wherefore, Premises Considered, respondent/contestant prays that this

Supreme Court shorten the deadline for filing petitioner/contestee’s petition for
review, deny any extensions for the filing of her petition for review, and deny her the

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right to file a motion for rehearing in this appeal. Respondent/contestant further
prays that he be granted any additional relief, both general and special, at law or in

equity, to which he may be justly entitled.

Respectfully submitted,

By: /s/Baldemar Garcia Jr.

Baldemar Garcia Jr.
Texas Bar No. 00790740
[email protected]
Holly Ann Hourigan
Texas Bar No. 24128516
[email protected]
Person Mohrer Morales Boddy Garcia Gutierrez, PLLC
602 East Calton Road, Suite 202
Laredo, Texas 78041
voice 956.727.4411
facsimile 956.727.7765

Martha Cigarroa
[email protected]
Texas Bar No. 04250800
Whitworth Cigarroa, PLLC
602 East Calton Road, 2nd Floor
Laredo, Texas 78041
voice 956.727.4441
facsimile 956.727.2696
attorneys for movant/respondent/contestant Ricardo “Richie” Rangel Jr.

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Certificate of service
Respondent’s motion to shorten the time for the filing of a petition for review and
deny motion for rehearing was served by email or email notification from the
electronic filing service provider on all counsel of record on December 5, 2023. Tex.
R. Civ. P. 21, 21a.

Doug W. Ray
Ray & Wood
300 Beardsley Lane, Suite B-100
Austin, Texas 78746
[email protected]
Roberto Balli
Balli & Balli Law Firm, LLP
P.O. Box 1058
Laredo, Texas 78042-1058
[email protected]

/s/Baldemar Garcia Jr.

Baldemar Garcia Jr

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