470 S.W.3d 819
Tex.2015Background
- Mandamus petition arising from Houston’s referendum on the equal rights ordinance (ERO).
- City Council adopted ballot language directing a repeal vote rather than voting on the ordinance itself.
- Charter VII-b requires submission of the ordinance (not its repeal) to a majority vote.
- Election deadlines: final ballot language needed by August 31, 2015 for November 3, 2015 election.
- Relators seek mandamus to compel wording change; court grants relief to word for/against the ordinance, not repeal, absent noncompliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the City Council’s duty is ministerial to submit the ordinance to vote. | Williams/ Woodfill argue Charter requires voting on the ordinance itself. | City contends discretion to submit repeal and may label ballot as ERO. | Yes; duty is ministerial to submit the ordinance. |
| Whether ballot language must reflect voting on the ordinance itself, not its repeal. | Ballot should show vote on the ordinance itself. | Repeal vote is acceptable under Charter. | Ballot must allow voting on the ordinance itself (For/Against). |
| Whether mandamus is available given election timing and adequate remedies. | Relators seek expedited relief before ballots print. | Remedies by appeal are adequate. | Mandamus proper; no adequate remedy by appeal. |
| Whether including 'Houston Equal Rights Ordinance' on the ballot is improper. | Wording should not include ERA name if not in ordinance. | As a Houston ordinance, ERA phrasing is permissible. | Words identifying the measure on ballot permissible. |
Key Cases Cited
- Blum v. Lanier, 997 S.W.2d 259 (Tex. 1999) (injunctive relief to correct ballot language if resolvable without delaying election)
- Bird v. Rothstein, 930 S.W.2d 586 (Tex. 1996) (exception to requiring mandamus when election imminent)
- In re Palomo, 366 S.W.3d 193 (Tex. 2012) (per curiam mandamus relief in election context to avoid delaying ballots)
- In re Sanchez, 81 S.W.3d 794 (Tex. 2002) (per curiam mandamus relief timing considerations)
- Anderson v. City of Seven Points, 806 S.W.2d 791 (Tex. 1991) (mandamus availability for ministerial acts and abuses of discretion)