FOR IMMEDIATE RELEASE CONTACT: Sunny Letot
June 11, 2002 214-946-3606

APPEALS COURT UPHOLDS NEW ELECTION FOR DUNCAN

(Dallas) – Yesterday, a Dallas appeals court unanimously affirmed the trial court's judgment to void the election of Dallas City Councilmember Maxine Thornton-Reese and order a new election between Dr. Thornton-Reese and Immediate Past Incumbent Councilmember Larry Duncan. In taking this action the appeals court "resolve[d] all issues against [Dr.] Thornton-Reese."

Justice Sue Lagarde, writing on behalf of the Court of Appeals, Fifth District of Texas at Dallas, which included Justices FitzGerald, and Richter, went on to emphasize that "because our judgment is conclusive and timely resolution of this case is required, no motion for rehearing will be entertained."

On November 20, 2001, Visiting Judge Richard Mays had determined that more than enough votes were cast illegally in the May 5, 2001, District 4 City Council election to overturn Dr. Thornton-Reese’s apparent 16 vote victory. She appealed the decision on November 26, 2001. Now that his judgement has been finalized, Judge Mays "will set the date for the new election and prescribe procedures for the new election as soon as practicable."

"We are requesting as early an election date as possible," Duncan emphasized. "The appeals court recognized that District 4 tax payers have been without their truly elected representative at City Hall for over a year."

"Election fraud has been Dallas’ dirty little secret for years," said Duncan. "With this landmark decision and the new election we will be able to end the forgeries and the thefts once and for all. The vote brokers must be stopped from targeting minority voters, particularly senior citizens, who fought long and hard to gain their voting rights."

"Having reviewed and compared each pair of challenged signatures ... we conclude none of the pairs of signatures are similar enough to ... override the trial court's finding that either the ballot application or the carrier envelope or both were not signed by the voter," the appeals court flatly stated. "Thornton Reese could have refuted Duncan's evidence by presenting controverting evidence showing that the signatures were genuine, but she did not."

"The appeals court’s decision could not have been more resounding," explained Duncan’s appellate attorney P. Michael Jung. "They removed any and all possible doubt about the illegality of the ballots in question by rejecting every one of Dr. Thornton-Reese’s arguments and excuses out of hand."

Charles Sartain, Duncan’s trial attorney, explained that "election contests are notoriously hard to win, much less sustain on appeal. This is a historic decision for Dallas."

Duncan served four terms on the Dallas City Council before being removed by term limits in 1999. Duncan served as Chair of the Buckner Terrace Homeowners Association, and four terms as president of the Dallas Homeowners League, a citywide coalition of neighborhood groups. He was also in the forefront of the fight for single member districts on the City Council, serving as Co-Chair of Dallas Citizens for Democracy, which achieved equal representation for the southern half of the city under the current 14-1 configuration. Duncan holds a Bachelor of Arts degree from Drake University and a Master of Liberal Arts from Southern Methodist University. The U.S. Army awarded him the Bronze Star medal for his service in Vietnam and he is a member of the National Association of Eagle Scouts. Duncan resides in Buckner Terrace with Susan, his wife of 35 years, and their daughter, Sarah.