The case contesting Deputy Constable John Wright’s eligibility for Precinct 8 constable will continue to trial March 1, after 48th District Court Judge Chris Taylor denied a request to throw it out.
Michael Campbell, the incumbent constable, accused his primary election opponent of lying on campaign forms about where he lives. In a lawsuit filed Dec. 21, Campbell argues that Wright resides in far north Fort Worth, far from the Precinct 8 address he listed on campaign filings, and is thus ineligible for the position. Precinct 8 covers neighborhoods south and east of downtown Fort Worth.
The Texas Elections Code governs the requirements to run for office. Texas law requiresthat candidates live in the state for 12 months and in the district or precinct they are seeking to represent for six months immediately preceding the candidate filing deadline.
Campbell and Wright are both Democrats, and whoever wins the March 5 primary will run unopposed by a Republican in the Nov. 5 election.
In a hearing Feb. 14, attorney Doug Ray, who represents Wright, argued the case should be dismissed due to a lack of standing. People with a clear stake in the outcome of the residency challenge, usually a political opponent, have the most standing to file suit.
Campbell, Ray argued, does not have any special interest or greater stake as an incumbent than any other resident. Wright has already been placed on the March primary ballot. Because the two Democrats have no chance of facing each other on the general ballot, the lawyer argued, Campbell does not have a stake in Wright’s eligibility for the general election.
Attorney Jason Smith, who represents Campbell, argued that because the primary election has not yet taken place, Campbell still has standing to seek a determination of Wright’s eligibility. Campbell is actively opposing Wright in the primary, Smith said, which gives him a special interest in whether Wright is eligible.
“We think Johnny Wright’s attempt to dismiss this case is really an attempt to avoid testifying under oath, and under the penalty of perjury, because there are serious questions about his claim that he lives in Precinct 8,” Smith said.
Attorney Steve Maxwell, who is representing the Tarrant County Democratic Party as a third party in the lawsuit, acknowledged that the party doesn’t have a “dog in the fight” in this specific case but added that it is in the party’s interest for a judge to make a final decision on whether Wright is eligible.
“We certainly want to know whether the winner is a lawful candidate,” Maxwell said.
Expert says residency challenges difficult to win
The dispute over Wright’s eligibility is a tale of contradicting documents.
On his campaign filing, the candidate attested to living in a house on Raphael Drive in Precinct 8. But Tarrant County Appraisal District records show Wright has claimed a homestead exemption for a house he owns on Fiddleneck Street, outside of the precinct, it was first reported by KERA News. Homestead exemptions can only be claimed on a person’s principal residence, according to state law.
Cris Feldman, a Houston attorney experienced in election litigation, said it’s very difficult to get someone off of the primary ballot based on a residency challenge, as evidenced by Taylor’s earlier decision tokeep Wright on the ballot pending a decision about his eligibility.
“If there’s some evidence that a given address is where somebody wants to live, some evidence relating to physical effort to live in that place, then it’s going to be hard to challenge that person,” he said.
Proving someone lied about their residency takes a preponderance of evidence, he said. One document, like the homestead exemption, usually isn’t sufficient. Campbell hired a private investigator as part of his lawsuit against Wright.
“There really is no smoking gun unless there’s just a flat-out admission,” Feldman said. “Or maybe some other litigation, where somebody takes one position regarding their residency and then they’re taking another in this litigation. But normally, it’s an accumulation of documents.”
Just because an eligibility challenge doesn’t succeed in civil court, however, doesn’t mean there won’t be criminal charges. The Tarrant County District Attorney’s Office previously prosecuted former Justice of the Peace Jacquelyn Wright, who is not related to John Wright, in 2022 for falsifying homestead exemptions. The investigation began after the Tarrant County Criminal District Attorney’s Office received a complaint alleging she didn’t live in the district where she was seeking reelection. Testimony during the trial confirmed the allegation.
Two representatives from the Tarrant County Criminal District Attorney’s Office watched the Feb. 14 proceedings. Glynis McGinty, chief prosecutor of the county’s election integrity unit, was in attendance, as was Ann Diamond, an assistant criminal district attorney, who also observed the first case hearing Jan. 9.
When Taylor asked whether the district attorney’s office had anything it would like to say during the proceedings, Diamond replied, “I think it’s best that we sit and watch.”
At the Fort Worth Report, news decisions are made independently of our board members and financial supporters. Read more about our editorial independence policy here. Emily Wolf is a government accountability reporter for the Fort Worth Report. Contact her at emily.wolf@fortworthreport.org or @_wolfemily
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