Rey Gonzalez filed in December 2021 to run against Morgan Graham, the incumbent Cameron County Republican Party chair, for that post; Graham, who reviewed ballot applications, rejected his as incomplete. Gonzalez's mandamus petition to the Thirteenth Court of Appeals was denied, and Graham won unopposed. She then complained to the Texas Ethics Commission that Gonzalez, though never on the ballot, had to file campaign-finance paperwork because he raised and spent money on the mandamus suit; Gonzalez cured the omissions, the Commission dismissed the complaint without penalty, and Graham sued him under Election Code § 253.131 for statutory damages and attorney's fees.¹

Gonzalez moved to dismiss under the Texas Citizens Participation Act, arguing chiefly that Graham lacked standing because she suffered no injury traceable to his paperwork errors. The trial court denied the motion, and the Thirteenth Court of Appeals affirmed, holding her interest in ensuring an election is validly conducted gave her standing and that she did not have to show clear and specific evidence of standing (2024 WL 194213, Jan. 18, 2024). The Court denied the petition September 27, 2024; Gonzalez moved for rehearing October 11, 2024, the Court requested a response, and it denied rehearing March 7, 2025.¹

Petition for review from the Thirteenth Court of Appeals; petition denied September 27, 2024, motion for rehearing denied March 7, 2025, with Chief Justice Blacklock and Justice Sullivan noting their dissent (Docket).

Whether the trial court and court of appeals erred in denying the motion to dismiss because Graham lacked standing, whether her interest in a validly conducted election gave her standing despite intangible injury, and whether, as a respondent to the TCPA motion, she had to show clear and specific evidence of standing.¹

Gonzalez (Petitioner): Graham suffered no concrete injury traceable to his paperwork errors, the ruling chills candidates from participating in elections, and In re Charette, which limits who may enforce such statutes, confirms she lacks standing.¹

Graham (Respondent): as chair and as a candidate she has an interest in ensuring the election was validly conducted, which the court of appeals accepted.²

Not applicable; the Court denied the petition and rehearing without writing.

None noted