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Hidalgo County commissioner files lawsuit, claims illegal votes tainted the Democratic Party primary

4 years 3 weeks 5 days ago Monday, March 23 2020 Mar 23, 2020 March 23, 2020 1:38 PM March 23, 2020 in News - Coronavirus Pandemic

Hidalgo County Precinct 3 Commissioner Joe Flores on Monday announced he will contest the results of the March 2020 Democratic Party primary.

Flores lost the Democratic Party primary to businessman Everardo “Ever” Villarreal by 92 votes, according to results published by the Hidalgo County Elections Department. Without a Republican on the November ballot, the winner will become the next Precinct 3 commissioner.

“As many of you know, I am a firm believer that honesty and transparency are essential in a democracy,” Flores said in a statement posted on Facebook. “After much research and investigation, it appears that many illegal votes were cast which in turn influenced the outcome of the election.”

The lawsuit claims that Villarreal’s campaign paid people to vote for him, that thousands of voters received improper assistance at the polls and that members of the ballot board were paid by Villarreal’s campaign.

“Several individuals were given cash payments in exchange for their votes for Villarreal,” according to the lawsuit. “These individuals will testify regarding how they were paid, how they were driven to the voting sites, and how operators of Villarreal’s campaign 'assisted them' and voted on their behalf for Villarreal.”

The lawsuit also claims more than 2,000 voters received improper assistance at the polls.

“Villarreal’s campaign altogether consciously ignored the law in order to obtain more votes,” according to the lawsuit. “Victory at the expense of the true will of the voters is not a victory at all but rather a slap in the face to our democracy and the citizens of Hidalgo County Precinct 3.”

Attorney Javier Peña, who spoke on Villarreal’s behalf Monday, said the allegations simply aren’t true — and that Flores attempted to steal the election.

“This is the dumbest move he could make because he’s giving us a platform to prove he cheated,” Peña said. “He just didn’t cheat enough to counter the massive anti-Joe vote.”

Peña said the Villarreal campaign didn’t pay voters or provide improper assistance at the polls. Peña said he didn’t know what, exactly, Flores had claimed about individual members of the ballot board.

Villarreal will win the lawsuit — just like he won the election, Peña said.

“Joe’s going to be a two-time loser,” Peña said.

Flores is represented by the Law Offices of Ramon Garcia.

“This is not about not liking the results of the election,” said attorney Orlando Garcia, who represents Flores.

An independent investigation by Flores supporters revealed that non-citizens and people on probation for felony crimes voted during the primary, Orlando Garcia said. They also uncovered instances of bribery and improper voter assistance.

Based on the preliminary investigation, Orlando Garcia said he believed about 800 votes should not be counted.

“We fully welcome a transparent lawsuit,” Orlando Garcia said. “We are ready to have all the cards on the table. And when they’re on the table, we’re going to show that Ever Villarreal stacked the deck.”

The election contest was filed in the 398th state district court in Hidalgo County. The case will be assigned to a visiting judge.

This story was updated with comments from attorney Orlando Garcia.

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