Published: May 07, 2008 08:29 pm            

Ballot battles

Multiple Mustang elections Saturday

The town of Mustang, which has seldom had elections in the past, will have two separate city council elections this Saturday.

Both will take place from 7 a.m. to 7 p.m. in the Fire Station.

“We’re making up for the fact that we haven’t had an election in that town in this century. We’re going to have two,” said Marty Price, attorney for Tommy Sinclair, the buyer of the town. “We’re going to democratize it this Saturday. It sounds like we’re going to have more democracy than we can handle.”

The town consists of 75 acres of mostly empty pastureland; two bars, only one of which is open; and a small trailer park with fewer than 20 residents. For the last two years, the town has been the subject of a legal battle between Sinclair, who seeks to buy the town, and Marsha McKie, whose husband founded the town.

Each of the parties in the lawsuit is supporting a separate election this Saturday, although neither lives in the town and neither may vote there.

Sinclair helped orchestrate the first election, which calls for votes on the entire city council and mayor. McKie is at least peripherally involved in the latest election, since it was her records that were used to determine which seats would be up for election. In that race, only three aldermen positions are open for election.

Neither of the Mustang city elections is being sanctioned by the county elections office. The votes will not be cast under the watchful eye of Navarro County election officials, or counted by impartial election judges.

“I’m not doing anything for their election,” said Danda Parker, elections administrator for Navarro County. “I’m not handling their election at all.”

Instead, Parker has been referring all Mustang election questions to the Secretary of State’s office in Austin.

In response to questions from the Corsicana Daily Sun, the Secretary of State’s office did a thorough search of all their e-mail and phone call records. What they turned up was one phone call in April, said Scott Haywood, spokesman for Phil Wilson, Texas Secretary of State.

“About a month ago, we did have a conversation with a gentleman who’s representing the city as attorney regarding the process,” Haywood said. “We didn’t give any type of ruling. Nobody’s talked to them recently.”

The fate of Mustang is currently up in the air because of pending litigation, so the Secretary’s office probably won’t step in, Haywood said.

“We wouldn’t weigh in until something came of that (lawsuit),” he said. “Even then, it would depend on the outcome as to whether or not we would get involved.”

Last summer, the lawsuit over ownership of the town was decided in Sinclair’s favor, but McKie appealed the decision to the Texas Appeals Court. In the meantime, Sinclair has been given possession of the town, if not a deed. Last week, District Judge John Jackson ruled that Sinclair wouldn’t have to pay the purchase price until he receives a deed.

Neither of the proferred elections conducted early voting, but long lines won’t be an issue Saturday. Mustang has 14 registered voters, six of whom may have moved out of town, since their voter registration cards were returned to the courthouse, according to Parker’s records.

Most of the town’s government, including the mayor, city secretary and several aldermen, were evicted from the town last fall when Sinclair took over. Two council members, Danny Parker and Nancy Barton, remain in town.

It was under Parker’s and Barton’s authority that the first election was called, although both said that it was Sinclair who asked them to sign the paperwork. In her retraction, Barton said she felt pressured by Sinclair’s position as her landlord.

That ballot lists all positions — mayor and five aldermen. Danny Parker is listed as the only candidate for mayor. Nancy Barton is listed as an alderman candidate, although she later retracted her request for the election. The deadline for calling an election was March 10, and it may have been called that early. Barton issued her retraction on March 18. The election was announced in the Corsicana Daily Sun legal announcements on April 13.

The second election is a more recent creation, and calls for only three aldermen to be elected. Danny Parker is listed as a candidate for alderman on that ballot. The other two places are blank and call for write-in candidates. It was not called by the March 10 deadline, nor has it been announced in the newspaper.

According to Mayor Jackie Bounds, who initially said there would be no elections at all, the town traditionally elects half the council each year. Under that pattern, only three aldermen would be up for election in 2008. The mayor and other two aldermen would be up for election in 2009.

Bounds and three council members were evicted by Sinclair last fall and cannot run for reelection. However, they may stay in office until an election for those positions. If the first election is legal, then Bounds and the old council will finally be gone. If the second election is valid, then Bounds and at least two of the current council members may stay involved for at least one more year.

The current council has been a thorn in Sinclair’s side by passing ordinances against sexually oriented businesses, and trying to forgive McKie of past city taxes. Sinclair runs Wispers, a nude dance club in Mustang, which is also the only operating business in the town.

The city’s attorney, Ron Clower, did not return calls for this article. McKie’s attorney, Roger Diseker, said he and his client were not involved in the issue of elections.

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Janet Jacobs may be reached via e-mail at jacobs@corsicanadailysun.com.

        

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