HOUSTON – The Court of Appeals recently upheld the trial court's decision to deny a motion to dismiss filed by DaSean A. Jones, the Democratic incumbent for the November 2022 general election for Harris County judge, who sought to dismiss an election contest lawsuit by Tami C. Pierce, the Republican candidate, under the Texas Citizens Participation Act (TCPA).
According to court documents, the suit emerged from the 2022 general election for the 180th District Court judge in Harris County, Texas. Pierce contested Jones's victory, alleging various election irregularities.
Jones sought to dismiss Tami C. Pierce's election contest lawsuit under the Texas Citizens Participation Act (TCPA) and argued that Pierce's lawsuit was in response to his exercise of free speech and association rights during his campaign. However, the court, applying the 2019 amendments to the TCPA, determined that Jones failed to establish a connection between Pierce's claims and his protected rights. The court emphasized that Pierce's allegations focused on the conduct of election officials and did not directly implicate Jones's rights.
Jones claimed that the TCPA motion was not frivolous, citing the novel application of the TCPA to an election contest. The court disagreed, finding Jones's arguments lacking a legal basis and relying on outdated TCPA language. Despite Jones's contention that his motion aimed to expedite the case, the court concluded that it was frivolous and intended for delay. The court also upheld the award of attorney's fees and costs, deeming Jones's motion frivolous and intended for delay.