The lawsuit filed by Sheriff Greg Capers over the results of the primary election, during which he lost the nomination to Constable Sam Houston, has been delayed until after the Nov. 5 general election.
Capers' attorney filed another motion for continuance, which Houston opposed, but the court granted the motion and moved the trial.
Houston, through his attorney John Raley, has filed another motion seeking the case to be dismissed.
“During our investigation, we found no merit to Mr. Capers’s claim that the primary election should be overturned,” Raley said. “Mr. Capers’s delays in filing and prosecuting the lawsuit required us to file a motion to dismiss for lack of jurisdiction. Our position is that Mr. Capers’s case is now moot because the general election already has begun.”
Early voting for the 2024 general election started Monday.
The crux of the lawsuit is that many votes were cast improperly — more than the margin of Houston’s victory — and Capers seeks either a second election or to be named victor.
