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DALLAS COUNTY
3/26/2018 1:24 PM
FELICIA PITRE
DISTRICT CLERK
1 CIT/ ESERVE Kayla Buckely
DC-18-03973
NO.______________________
CREUZOT, Dallas County Democratic Party Chair, Carol Donovan, Elections Administrator,
Toni Pippins Poole, Dallas County District Attorney Faith Johnson, John Doe, John Doe
1. Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, plaintiff intends to conduct
2. At all times mentioned in this petition, contestant, Elizabeth Frizell, was an individual
residing in Dallas County, whose mailing address is 5787 S. Hampton Road Suite 230-B Dallas,
3. Contestee, John Creuzot, resides in Dallas County and Contestee’s mailing address is
3333 Lee Parkway, Ste. 600 Dallas, Texas 75219, Dallas County, Texas. Contestee, Carol
Donovan resides in Dallas County and Contestee’s mailing address is 4209 Parry St., Dallas,
Texas 75223. Contestee, Toni Pippins Poole resides in Dallas County and Contestee’s mailing
address is 2377 N. Stemmons Frwy, Ste. 820, Dallas, Texas 75207. Contestee, Faith Johnson,
resides in Dallas County and Contestee’s mailing address is Frank Crowley Criminal Courts
Building, 133 N. Riverfront Blvd., LB 19, Dallas, Texas 75207. John Doe lives in Dallas
County, John Doe Corporation is located in Dallas County. Contestant requests leave of court to
amend the Petition for Election Contest to add necessary additional parties prior to the date of
trial.
4. Contestant brings this action pursuant to Section 221.003(a)(2)(A) of the Texas Election
Code to contest the results of the Dallas County Democratic Primary Election held on March 6,
2018, to select District Attorney of Dallas County for which contestant and contestee were the
5. This court has original and exclusive jurisdiction of this contest pursuant to the Texas
6. Contestant alleges that ineligible, illegal and fraudulent mail in ballots were included in the
vote total for contestee that would have changed the Dallas County Election Commission’s final
vote total of 56,645 for John Creuzot and 56,056 votes for Elizabeth Davis Frizell which left a
7. Contestant alleges that some voters voted by provisional ballots because someone submitted
mail in ballots for them. These voters’ provisional ballots were rejected by the Ballot Review
someone had previously submitted a mail in ballot for them and they did not vote by provisional
9. Contestant alleges that during the counting process, ballots were not secured.
10. Contestant alleges that votes were included in the total count that were not postmarked by
11. Contestant alleges that mail-in ballots were counted that did not have a known chain of
custody.
12. Contestant alleges that the results of the election for Dallas County District Attorney are
not accurate due to ballots being rejected that should have been counted for Contestant and
ballots being accepted for Contestee that should have been rejected by the Ballot Review Board
13. Contestant alleges that ballots were illegally harvested by campaign workers of Contestee.
14. Contestant alleges that several voting machines at polling locations malfunctioned and
were no longer usable, creating long lines and delays in voting for several hours. The delays
15. In accordance with Section 4.007 of the Texas Election Code, Dallas County and the
Dallas County Elections Administrator gave notice that the General Election was to be held in
Dallas County, Texas, on March 6, 2018 and caused the notice to be printed and circulated
publicly, setting forth the information required. This notice stated that several polling locations
would be open in Dallas County, where residents of those precincts had voted for a number of
years. On the day preceding the election, March 5th, the Dallas County Elections Administrator,
Toni Pippins Poole, contacted the Democratic Party Chair, Carol Donovan, advising that the
election could not be held at the locations as set forth in such notice, as there were not enough
election judges requiring several polling locations to be combined. Ms. Pippins Poole therefore
requested that the Dallas County Democratic Party Chair issue an order designating different
voting locations, as the official voting location for voters residing in such voting precincts.
Inadequate notice of such change in locations was published and inadequate or no signage was
Contestant on information and belief, alleges that as a result of the change in polling-place
locations, duly and legally qualified voters were deprived of their right to vote and those voters
As a result of the matters set forth above, contestant challenges the validity of the March 6, 2018
election results and alleges that the outcome of the election was affected by preventing eligible
voters from voting in violation of Section 221.003(a)(2)(A) of the Texas Election Code, and that
in the absence of such errors or fraud, a different and correct result would have been obtained in
the election. Accordingly, the election in question did not express the will of the electorate, and
should be declared void under the terms and provisions set forth in Section 221.003 of the Texas
Election Code.
1. That this cause be set for trial and given precedence over all other causes as provided by law;
2. That notice of the filing of the petition, notice of the hearing date and citation be given by the
Dallas County District Clerk’s Office to all parties and the final canvassing authority, Carol
Donovan, the Dallas County Democratic Party Chair at 4209 Parry St., Dallas, Texas 75223, the
original canvassing authority, the Dallas County Election Administrator, Toni Pippins Poole at
2377 N. Stemmons, Frwy., Ste. 820, Dallas, Texas 75207, the Dallas County District Attorney,
Faith Johnson at Frank Crowley Criminal Court, 133 N. Riverfront Blvd., 11th fl., Dallas, Texas
75207, the Texas Secretary of State, Election Division at 1019 Brazos St., Austin, Texas 78701
and Contestee, John Creuzot at 3333 Lee Pkwy, Ste. 600, Dallas, Texas 75219.
3. That the court order the ballot boxes containing the ballots from all precinct voting boxes, now
in the care, custody and control of the Dallas County Elections Commission and the Dallas
County District Attorney’s Office be made available for review, inspection and copying by
Contestant on a date set by this court prior to trial of this contest and at such time produce the
same copies for this court, together with a copy of the election returns, mail in ballots, mail in
ballot applications, mail in ballot courier envelopes, list of voters, and poll list of such election;
4. That due to a conflict of interest of the District Attorney being a candidate in the race being
contested, a special prosecutor be appointed to provide the discovery requested in this petition
5. That the election be declared void as it is impossible to ascertain the true results;
6. That an order issue for a new election for the contested office pursuant to Section 232.041 of
election results.
8. For costs of this action and for all general and equitable relief to which contestant may be
entitled.
Respectfully submitted,
Under Texas Election Code, Section 232.009 (d) notice of the petition for election contest is
required to be given to the final canvassing authority for the election, Democratic Party Chair,
Carol Donovan, 4209 Parry St. Dallas, Texas 75223. I hereby request that citation issue
including a statement directing the officer receiving the citation to return it unserved if it is not
served within 20 days after the date of issuance.