An official challenge against the elections for alcohol measures in Tyler and Smith County Precinct 2 has been filed in court, a spokesman for opponents said Friday.
Daniels, pastor of Landmark Baptist Church, said he thinks there were problems with the petition process to get the measure on the ballot as well as the election itself.
Bob Westbrook, chairman, Buy Local First, the political action committee for beer and wine sales, said, “The voters spoke on Election Day.”
Westbrook said he had not heard any confirmation that papers contesting the election had been filed. “I don't have a comment until I can confirm that the paperwork has been filed,” Westbrook said.
Daniels alleged there was harm and damage caused by what he described as a fraudulent petition and election. He said opponents have been saying that since July but could not get anybody to hear them until now.
No one would explain, Daniels said, how nine people could get up from the grave and vote. He added he does not understand how there's more than 200 people that could vote two and three times and how 400 pages of what he called “illegal petitions” could be turned in and counted as good.
Westbrook said those were all the same claims on which a judge threw out their petition for a temporary restraining order because opponents didn't have any proof.
“If they had the proof, why wouldn't they have presented it to the judge,” Westbrook said.
A visiting judge ruled Monday the beer and wine elections in Tyler and Precinct 2 would go on as planned Tuesday after the opposition group asked the court to issue a temporary restraining order to keep the ballots from being counted for 14 days while the court and attorneys could review evidence.
Complete but unofficial results show Proposition 2 in Tyler, which would legalize beer and wine sales for off-premise consumption within city limits, passed 21,225 votes to 10,670 votes, or 66.55 percent to 33.45 percent. In JP Precinct 2, the legal sale passed 16,695 votes to 8,850 votes, or 65.36 percent to 34.64 percent.
Proposition 1 in Tyler, which expanded mixed beverage sales in areas recently annexed, passed 22,767 votes to 8,450 votes, or 72.93 percent to 27.07 percent. In JP Precinct 2 the same measure passed 17,138 votes to 6,772 votes, or 71.68 percent to 28.32 percent.