As we reported on Thursday, Art Fierro filed a lawsuit with the Texas 8th Court of Appeals asking the court to force the Democratic Party Chair, Dora Oaxaca, to remove Claudia Ordaz Perez from the March 2002 Primaries. Fierro filed his suit on December 30 alleging that Claudia Ordaz Perez did not meet the residency requirements for office.
On Friday, January 7, 2022, the Court rejected Fierro’s request.
In their opinion, the court concluded that “Ordaz Perez satisfied the constitutional residency requirement to run for House District 79.” The Fierro suit is based on Ordaz Perez filing a change of address that suggested that Ordaz Perez did not meet the one-year residency requirement to run for District 79. The court ruled that the 2015 case does not apply to Ordaz Perez.
The Court opined that the 30-day hold on Claudia Ordaz Perez’ change of address did not apply, thus Ordaz Perez meets the one-year residency requirement. The Court said that they “have never held an additional 30 days is required to determine an ‘effective date’ for residency purposes”.
Fierro had also alleged that Claudia Ordaz Perez did not meet the requirement that a candidate reside for six months in the district in which they are running. The Court ruled that this provision does not apply to her.