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ElectionFraud Penatrial Part1

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					               REPORTER'S RECORD
       TRIAL COURT CAUSE NO. 2010-DCL-2508
- - - - - - - - - - - - - x
                          :
RUBEN R. PENA                : IN THE DISTRICT
COURT
:
VS.                       : 444TH JUDICIAL
DISTRICT
                          :
ERNIE HERNANDEZ           : CAMERON COUNTY, TEXAS
                          :
- - - - - - - - - - - - - x


                    HEARING




    On the 2nd day of June, 2010, the following
proceedings came on to be heard in the
above-entitled and numbered cause before the
Honorable Rudy Delgago, Assigned Judge Presiding,
held in Brownsville, Cameron County, Texas.
    Proceedings reported by computerized stenotype
machine.
             A P P E A R A N C E S
APPEARING FOR THE PETITIONER:
     HON. RUBEN R. PENA
     State Bar No. 15740900
     ATTORNEY AT LAW
     700 PAREDES AVENUE, SUITE 103
     BROWNSVILLE, TX 78521
     (956) 546-6775


     HON. DOUGLAS H. PETIT
     State Bar No. 15861300
     ATTORNEY AT LAW
     700 PAREDES LINE AVENUE, SUITE 210
     BROWNSVILLE, TX 78521
     (956) 243-6455


APPEARING FOR THE RESPONDENT:

     HON. DAVID HOCKEMA
     State Bar No. 09747500
     HOCKEMA & LONGORIA
     P.O. BOX 720540
     MCALLEN, TX 78504-0540
     (956) 631-9112


     HON. ERIN GARCIA
     State Bar No. 24045308
     KANTACK ALCANTARA LAW OFFICE
     1534 E. 6TH STREET, SUITE 200
     BROWNSVILLE, TX 78520
     (956) 982-1880
               P R O C E E D I N G S
               THE BAILIFF:    All rise for the Judge.
               THE COURT:     Good morning.    Have a
seat.   Is the microphone on?
               Okay.   The court calls case number
2010-DCL-2508; Ruben Pena versus Ernie Hernandez.
My name is Rudy Delgado.    I'm the Judge of the 93rd
District Court in Hidalgo County and I have been
assigned this case as a visiting judge.       If you all
would identify yourselves for the record and whom
you represent.
               MR. PENA:    Ruben Pena and Doug Pettit
for myself, Your Honor, the contestant in this case.
               MR. PETIT:     Doug Petit with Ruben
Pena.
               MR. HOCKEMA:    David Hockema and Erin
Garcia, Your Honor, for the contestee, Ernie
Hernandez.
               THE COURT:     Very well.   The issue
before the court today is a matter of an election
contest and the court is ready to proceed.
               MR. PENA:    Judge, before we proceed
I'd like to go on the record that we had filed another
motion for you to reconsider your quashing the
depositions of Herminia Becerra, Norma Hernandez,
Amadeo Rodriguez and Margarita Ozuna.      When did you
that last week, we immediately issued out trial
subpoenas for them, and through today we have not
been able to find one single one of them.    They, as
I predicted are hiding.     They are not to be found.
We've attempted numerous times to serve each and
every one of them all to no avail.   We are told that
Ms. Ozuna is in Mexico, Ms. Hernandez is not
available, that Mr. Rodriguez is in San Antonio and
that Ms. Becerra just can't be found, Judge.    She's
not ever in her home where she can be served.
                This -- the failure to be able to have
these subpoenas and in consideration the court's
ruling that we could not take their depositions, we,
on the same day that you made that ruling before we
left this courthouse, we asked the subpoenas be
issued and we had people going out to serve these
subpoenas.     And through today, Your Honor, through
last night, we were attempting to serve these
individuals.     These individuals are very critical
to this case.    They are the individuals who, for the
most part, obtained almost a majority of the mail-in
ballots along with the applications.    Without their
presence, without their testimony, our case is going
to be very hampered and very limited.      And we're
asking the court to not only to reconsider the order
that you gave, but that you order the attorneys who
are representing them to have them presented in this
courtroom so that they can testify as we've
requested from the very beginning, Judge.     As you
recall, we issued notices of depositions of these
individuals, there were motions to quash were timely
filed and then we filed motions to compel.        The
argument was that because of the shortness of this
case that no discovery can be taken which is
absolutely wrong.    That is not the law.   We need
these depositions and we abided by the court's
order.   We didn't take the depositions but then what
has happened is the court's order has hamstrung us
because you released the attorneys from any
obligation for them to present their witnesses or
their clients, rather, to this court.    And so as a
result of that, we have been severely hampered and
are going to be severely hampered in presentation
of this case.
                We are going to ask before the
conclusion of today, Judge, because we do have
witnesses, we subpoenaed a large number of
individuals who will be testifying.     We have
Mr. Ortiz who is the elections administrator.
We're prepared to go forward today, however, you
must understand, Judge, that we are going to be
asking this court for a recess or a break so that
these four individuals may be subpoenaed and
presented to this court.
                The other thing, Judge, that we need
to bring to your attention because of your ruling,
there are a number of elderly people that are not
going to be able to come here even though they've
been subpoenaed, and because we can't go take their
depositions, again, this is going to be -- this has
greatly hampered -- is going to hamper our
presentation in this case.
               That having been said, Judge, we're
ready to proceed on the evidence that we do have at
this time.   But, again, I'm asking the court to rule
on our motion to reconsider or to rule that the
attorneys who are representing these individuals
present them for testimony at this time.
               THE COURT:     And, Mr. Hockema, your
response?
               MR. HOCKEMA:     I just have a brief
response to that, Your Honor.
               I was here last week and we were ready
to go.   We're here now.    We are ready to go.   It's
an election contest.   And if I could point the court
a little bit with the background of the contest.
The contestee, Mr. Hernandez, my client, is a
defendant in the claim.     The plaintiff, the
contestant, Mr. Pena, has the burden of proof in an
election contest to prove it by clear and convincing
evidence.    Not only that, Your Honor, in this
instance this was an election run by Cameron County
and the Cameron County democratic party.     It was a
runoff election after a primary election.     There
was also another runoff election held at the same
time countywide for county judge between
Mr. Trevino and Mr. Wood.    The voters in Precinct
2 who voted for either Mr. Hernandez or Mr. Pena
also voted presumably most of them in the county
judge's race for either Mr. Trevino or Mr. Wood.
There were four candidates effectively running in
this election for two different offices; one
countywide and one precinct wide.   Each of the four
candidates at every stage of the process had poll
watchers.   The mail-in ballots in this election
both countywide and on the precinct level were
vetted and examined by a mail ballot board.     Each
of those individuals has been doing this job for over
10 years.   They are very, very aware of the Election
Code.
               Mr. Ortiz, I suspect, will testify
that in this election, this runoff election, it went
extremely smoothly.    None of the four candidates
had any serious protest about any discrepancy, any
mistake or fraud by any election official.    That's
the allegations that the contestant has made, and
it's a shotgun.   He pled everything in the Election
Code, that election officials made fraud or mistake,
that there were illegal votes counted, that there
were legal votes not counted, all the grounds that
you can make.   And that all that made a difference
in the outcome which is what his burden would be.
                The fact of the matter is that there
was no recount demanded or requested to re-examine
the mail-in ballots or any other ballots.       The
canvas was held with no protest whatsoever.       The
results of the canvas were certified and a
certificate of election was issued to Mr. Hernandez
and to Mr. Wood, the winner of the county judge
primary so that each of them will be in the ballot
in November in the general election.     This
particular election had one individual, one judge,
and this is in their original petition that was late
turning in his box because he deviated to run a
personal errand to go to the bathroom.   He was there
and had been at the polls from seven to seven and
he deviated for a short amount of time, went to the
bathroom, turned his box in late.    Mr. Ortiz will
no doubt testify everything was checked, all the
numbers tallied, everything tallied up in the
election.   It was of no consequence.    The
contestant filed this election contest, alleged
everything now has brought -- and now has limited,
I guess, by oral statement at the last hearing to
the mail-in ballots is complaining about the mail-in
ballots because they last badly in the mail-in
ballots.   No other candidate is making a complaint
about the election.    Mr. Pena is complaining I
guess about the mail-in ballots, but now even though
no complaints were made about any of the mail-in
ballots, no protest that any were wrongfully
excluded or included at the time the ballot board
went through them all, or on election night.       In
fact, his people, his poll watchers said they didn't
see anything wrong.   They were upset about losing.
All losing candidates are, but they didn't see
anything wrong with any of the procedures.
                Now we have all the ballots being
brought in by the election administrator.    And I
presume Mr. Pena wants to go on a fishing expedition
and has subpoenaed all the people that voted by mail
that he could to bring in all the mail-in ballots
to go through them all to see if there's some
discrepancy that he can find alleging I guess
improper assistance or somebody mailed it wrong or
the board actually didn't do its job in excluding
or including.   I don't know exactly what they want
to claim or why they want to go through all these.
                The only thing I have to say is the
reason most people vote by mail is that they can't
vote in person.    Either they are going to be gone
or more likely they are elderly, disabled, have a
difficult time getting to the polls.    In fact,
people in jail can vote by mail.     But to subpoena
people that are disabled and that already have given
an affidavit that they are unable to go to the polls
because they are elderly or disabled borders on the
abuse of process, Your Honor.     The subpoena power
that any officer of the court has through the court
to issue subpoenas really shouldn't be abused in
this way.
                The law in an election contest is that
if you can show there was an illegal vote, then you
can bring the voter and examine them.   But all these
mail-in ballots have gone through the ballot review
board, match the signatures on the carrier envelope,
match the signature on the ballot, all have been
vetted and I expect Mr. Ortiz will testify to that.
This is really just a fishing expedition because
they are upset about the margin of victory in the
mail-in ballots so they want to attack the mail-in
ballots.    The law simply is a voter cannot impeach
their affidavit of disability.    If they say they are
unable to vote in person and they want an application
to vote by mail, law is they can't testify to the
contrary.    In other words, that they didn't cast an
illegal vote.   So what they want to do I suppose is
bring people in here and try to get them to say they
cast somehow an illegal vote, that they could've
gone to the polls or that somebody improperly
assisted them, even though all the affidavits are
executed.     If somebody assisted, they execute a
note of assistance either at the polls in person or
by mail is the same thing.
                So, you know, we're here ready to go
forward.    We'll defend the allegations but I would
ask the court to keep in mind what the contestant's
burden is and how heavy that is and that under the
law, this ballot review board that reviewed the
mail-in ballots is entitled to a presumption, an
overriding presumption unless they first rebut it
by clear and convincing evidence that everything
they did was correct and proper.    So unless they can
bring some evidence that would entitle them to go
into it, some threshold evidence that somehow
something was done illegally, fraud was committed
or a mistake was done by a ballot review board, I
don't see where we can go anywhere with it.     That's
our response.
                MR. PETIT:   Judge, my I speak for a
moment?
                THE COURT:   Yes.   Go ahead.
                MR. PETIT:   Judge, this goes deeper
than just Ruben Pena's election.     This goes to the
heart of the election in Cameron County and denying
the voters the right to have their say.   That's what
it's about.    It's not just about Ruben Pena.    It's
about the voters of Cameron County, and we're asking
the court to continue to proceed in this matter
today.
                THE COURT:    With respect to the
motion for reconsideration which was filed by
Mr. Pena, the only notice that I got of that was my
office was, via fax, notified of Mr. Pena's motion
for reconsideration on the issue of four witnesses
who Mr. Pena had requested that the court allow
service by their attorneys.      In fact, Ms. Garcia
with respect to Ms. Hernandez, and Mr. Aguirre who
is not here today with respect to three of the
witnesses.     And Mr. Pena did in fact predict to the
court that those witnesses more than likely would
not be found, as you have indicated to me that you
have not served them and not found them, so clearly
I'm not surprised.    But when I received your motion
for reconsideration, I was uncertain whether or not
it had been appropriately filed in the court's
docket and whether Mr. Hockema had received notice
of same.     At any rate, I did ponder it and I did
consider it and that is denied at this time.
                With respect to putting forth your
evidence, I'm prepared to hear that evidence now.
Would you like to identify your witnesses?
                MR. PENA:    Yes, Your Honor.
                THE COURT:   When your name is called,
if you would please stand up.         Are some of these
witnesses not fluent in English?
               MR. PENA:    Yes, Your Honor.    Some are
not fluent in English so we probably need an
interpreter.
               (Judge speaking in Spanish)
               THE COURT:     Who will be our
interpreter?
               MR. PENA:     We have got someone.
               THE COURT:    We do have an additional
logistical consideration.      Our court reporter is
required to be in the Judge Elia Cornejo Lopez's
courtroom at 1:30 on another matter and I'm
relatively certain that we'll be able to either get
another court reporter or perhaps she may be done
with Judge Elia Cornejo Lopez so we're looking at
taking lunch at that time.    So we're looking to work
through lunch so that we might be able to take care
of that logistical problem by when we break.          The
court reporter can go to that other court and
everyone here can go to lunch.
               MR. PENA:     Very well, Judge.
               THE COURT:     Okay.    We do have a
translator?
               (Interpreter present)
               THE COURT:    When your name is called,
please rise.
              MR. PENA:    Ricardo Alonzo, Beatrice
Avalos, Lisa Carracheo, Felicitas Castillo, Linda
May Castillo, Ramiro Castillo, Jr., Guadalupe
Cuevas, Norma Esquivel, Lazara Garcia, Armando
Garza, Juana Gonzalez, Beatrice Gonzalez, Ramon
Gonzalez, Rafael Guzman, Esmeralda Longoria, Andres
Lozano, Monica Manrriquez, Maria Carmen Martinez,
Rogelio Medrano, Maria Alicia Mendoza, Consuelo
Lira Mijares, Jacinta Montoya, Maria de Jesus Muniz,
Roger Ortiz, Emilio Rivera, Jesus Oscar Salinas,
Miguel Trevino, Edmundo Porfirio Trevino, Yolanda
Trevino, Porfirio Yanez, Maria Ybarra.     That's it,
Your Honor.
              THE COURT:   Okay.    Those of you whose
names have been called I believe there may have been
one or two persons who did not stand.     I know that
some people are elderly and did you take a note,
Mr. Pena, of who might not have responded?
              MR. PENA:    No, Your Honor.    I was
busy.
              THE COURT:    Okay.   Now, that you're
standing we're going to call your names again and
raise your hand when your name is called because I
do believe that we missed a couple.
              MR. PENA:    Ricardo Alonzo, Beatrice
Avalos, Luis Carracheo, Felicitas Castillo, Linda
May Castillo, Ramiro Castillo, Jr., Guadalupe
Cuevas, Norma Esquivel, Lazara Garcia, Armando
Garza, Juana Gonzalez, Beatrice Gonzalez, Ramon
Gonzalez, Rafael Guzman.
                THE WITNESS:     Present.
                MR. PENA:    Esmeralda Longoria,
Andres Lozano, Monica Manrriquez, Maria Carmen
Martinez, Rogelio Medrano, Maria Alicia Mendoza.
                THE COURT:     Mendoza?     Maria Alicia
Mendoza?   Not present.
                MR. PENA:    Consuelo Lira Mijares,
Jacinta Montoya, Maria de Jesus Muniz, Roger Ortiz,
Emilio Rivera, Jesus Oscar Salinas, Miguel Trevino,
Yolanda Trevino, Porfirio Yanez.
                THE WITNESS:     Present.
                MR. PENA:    Edmundo Porfirio Trevino,
Maria Ybarra.
                THE COURT:     Where is Maria Ybarra?
                MR. PENA:    Right over there, Judge.
                THE COURT:   I see.     Okay.   And one of
the Castillo names that was called I didn't see a
hand.   I believe that my vision was blocked.      I know
Mr. Castillo raised his hand.          There were three
Castillo's.
                MR. PENA:    Felicitas Castillo.
                THE WITNESS:     She is my grandma.
                MR. PENA:    Is she here?
                THE WITNESS:     No.    She couldn't
come.
                THE COURT:     So we've got Felicitas
Castillo missing and Ms. Mendoza.
                MR. PENA:    Maria Alicia Mendoza is
not here?     Okay.   And just arriving is Donato
Martinez.
                THE COURT:     Donato Martinez.
                MR. PENA:    That's him right here,
Your Honor.
                THE COURT:     Okay.    Let the record
reflect that two of the witnesses that Mr. Pena has
subpoenaed Ms. Castillo and Ms. Mendoza are not
present.
                MR. PENA:    Actually, Your Honor,
there's 63 that we've actually subpoenaed and the
only ones that have responded to the subpoena are
the ones that we've called out.
                THE COURT:     Very well.
                MR. PENA:    And I've just been
advised, Your Honor, that they have two more, Mary
Lou Rosas and Rodolfo Rosas.       Mary Lou Rosas?
                THE WITNESS:     Yes.
                THE COURT:     And the other one?
                MR. PENA:    He didn't come, Your Honor
her husband.
                THE COURT:     Okay.    Okay.   Those of
you who cannot stand, you may remain seated.
                MR. PENA:    One more, Your Honor.
                THE COURT:     Okay.
                MR. PENA:    Dalia Ybarra.
                THE WITNESS:     Here.
                THE COURT:     The rest of you who are
standing raise your right hand and be sworn.          And
those of you who are seated and will be witnesses
also raise your right hand.       I see.     You cannot
raise your right hand.       That's fine.
                (Witnesses sworn)
                THE COURT:     Very well.     You may be
seated.     You may proceed.
                MR. PENA:    I'm sorry, Your Honor.        I
was just told we have another witness, Alicia Estela
Medrano.
                THE COURT:     Ms. Medrano, where are
you?
                MR. PENA:    Did you swear to the oath?
                THE WITNESS:     No.     You didn't call
out my name.
                THE COURT:     You may be seated,
Ms. Medrano.
                THE WITNESS:     You didn't call out my
name so I didn't swear.
                THE COURT:     Raise your right hand and
be sworn.
                (Witness sworn)
                THE COURT:    Please have a seat.
                Mr. Pena, I'm going to let you try
your case.    A suggestion from the Court in terms of
logistics is that I can see that many of your
witnesses would have some disability which may be
difficult for them to take the witness stand, so my
suggestion is if it doesn't affect your case, if you
might perhaps call those without disabilities we
might get them out of the courtroom.    The sooner the
better.     On the other hand, it can be the reverse
process in which case if you want to get the folks
with disabilities out first, we might be able to
accommodate them by not having to take the witness
stand which is over here.      And, perhaps, a more
convenient location whereby they might have a
microphone.     But if you feel you know your witnesses
a lot better than I.    I just have seen some of them
having difficulty rising.
                MR. PENA:    Some of them I don't,
Judge, but we'll try to move it as expeditiously as
possible.
                THE COURT:    If so we can take them up
one at a time.
                MR. PENA:    Very well, Judge.   We call
Roger Ortiz as our first witness, Your Honor.
                THE COURT:    Mr. Ortiz.
                MR. PENA:    Judge, if -- and my
co-counsel advised me if there's anyone here whose
been subpoenaed but whose name was not called out,
would you please raise your right hand.         Your name,
sir?
                 THE WITNESS:     Jose Luis Maldonado.
                 THE COURT:     Mr. Maldonado, were you
sworn?
                 THE WITNESS:     Yes, sir.
                 THE COURT:     Okay.
                 MR. PENA:    Okay.
                 THE COURT:   It appears no one else has
risen nor raised their hand so you may proceed.
                 MR. PENA:    Thank you, Your Honor.
                 THE COURT:     Mr. Roger Ortiz to the
witness stand.     Mr. Ortiz, I just assumed you were
more familiar with these surroundings than I.
                 THE WITNESS:     Not in the courtroom,
Your Honor.
                 THE COURT:     I understand.


                    ROGELIO ORTIZ,
having been first duly sworn, testified as follows:
                  DIRECT EXAMINATION
BY MR. PENA:
       Q.   Would you tell us your name for the record,
sir.
       A.   My name is Rogelio Ortiz.
       Q.   And, Mr. Ortiz, what do you do for a living
sir?
       A.   I work as the elections administrator for
Cameron County.
       Q.   And how long have you been the elections
administrator for Cameron County, sir?
       A.   For almost eight years.
       Q.   And during those eight years, about how
many elections have you undertaken or administered?
       A.   That's going to take awhile to calculate.
But we have every year somewhere around eight
elections with the exception for those years where
we have about three or four that we conduct.   No less
than that.
       Q.   Okay.   And would you tell the court a
little bit about what kind of training you had to
be the elections administrator for Cameron County?
       A.   The training is offered by the State.   The
State offers training every year to update us on
election law procedures, election procedures in the
electoral process.      We got advisories from the
State that we go over and we go over with the staff,
so it's an update -- it's on an ongoing update from
the Secretary of State office.
       Q.   In this training do you get information or
training on the Election Code?
       A.   Yes, sir.   That's correct.
    Q.      And what portions of the Election Code
have you had training on?
    A.      Well, what is more specifically offered by
the State is the procedures that we go through with
an election from it's beginning until after the
canvassing.
    Q.      And besides yourself -- about how many
trainings sessions have you attended or been
provided?
    A.      There's two training sessions a year and
with the exception of last year which we only had
one training session which both of them were
combined, but I would say around 17 or 18 sessions.
    Q.      And do you get some kind of certification
as an elections administrator or how does that work?
    A.      The State doesn't have a certification
program.    They do have requirements.    The State
requires that we attend these sessions for updating
ourselves and our staff with the forms and the new
forms that are coming up and new legislation.
    Q.      Okay.
                MR. PENA:    At this time, Judge, I'd
ask the court to take judicial notice of the Texas
Election Code.
                THE COURT:   Court does take judicial
notice.
                MR. PENA:    Thank you, Your Honor.
    Q.     (BY MR. PENA)     What I'd like to do,
Mr. Ortiz, is quickly go over some of the Election
Code --
                MR. PENA:    If I may I approach, Your
Honor?
                THE COURT:    Yes.
    Q.     (BY MR. PENA)     -- some of the Election
Code section.    The first one that I have is
eligibility to vote, that's on the first page.      It's
11.001 of title two of the Election Code.        Do you
see that, sir?
    A.     Yes, sir.
    Q.     And this basic -- this section basically
tells us what you have -- what are the requirements
to be eligible to be a qualified voter; is that
correct?
    A.     Yes, sir.
    Q.     And you have to be 18 years of age, U.S.
citizen, you cannot have been judged mentally
incapacitated or convicted of a felony?
    A.     Right.
    Q.     Or if you have been convicted of a felony
so as long as if you've finished your parole or have
been released then you're voting rights are
restored, correct?
    A.     Correct.
    Q.     All right.   And you have to be a resident
of the state and a registered voter?
    A.     Correct.
    Q.     That's -- those are all the requirements
for someone who comes in and says I want to register
to vote in Cameron County, they fill out an
application and they become a registered voter,
correct?
    A.     That's correct.
    Q.     And your office is in charge of doing that
process; is that correct?
    A.     Yes, sir, we are.
    Q.     Now, if you go to the second page.   It gets
to the point that what we're doing here today and
it's titled "7".    It's titled "early voting".    And
under Texas law early voting can take place in two
ways, correct?     Is that right?
    A.     Yes.
    Q.     And tell the court what are the two ways
that early voting can take place?
    A.     Well, early voting takes place during the
period of early voting in person.    And early voting
can also take place by ballot by mail.
    Q.     And in order for a person to vote in person
all they have to do is show up at an early voting
place, correct?
    A.     Yes, sir.   That's correct.
    Q.     And to vote by mail it's a little different
isn't it?
    A.      Yes.
    Q.      If you'll turn to the next page, we'll go
to section -- chapter 82, eligibility for early
voting.     Section 82.001 has actually four -- has
seven sections, but it has four reasons why someone
can vote by mail; is that correct?
    A.      Yes, sir.
    Q.      Let me show you what I've marked as
Petitioner's Exhibit No. 3 and ask you if you can
identify this document, sir.
    A.      Yes, sir.    This is -- this is an
application for ballot by mail.
    Q.      Okay.    Is this something that an election
administration office possesses and provides to
people who request an application for mail?
    A.      Yes, sir.
                   MR. PENA:    I'm going to offer
Petitioner No. 3 into evidence.
                   MR. HOCKEMA:     No objection.
                   THE COURT:     Admitted without
objection.
                   (Petitioner's Exhibit No. 3
                   admitted)
    Q.      (BY MR. PENA)       Okay.
                   MR. PENA:    They said all I had to do
was to turn --
                MR. HOCKEMA:     You got to turn your
projector on.
                MR. PENA:     Is it off?
                MR. HOCKEMA:    No light comes out of it
so I assume you have to turn it on.
                MR. PENA:     Was working, Judge.
                THE COURT:     There it is.    It's got
Epson on there.
                MR. PENA:     Oh, okay.    I'm not very
good at the technology, Judge.       I'll admit that.
                THE COURT:     I understand that, too.
                MR. PENA:    I'm upside down.    It just
went off.
                MR. HOCKEMA:     It's okay, Judge.    If
you've got a copy you can look at it and I've got
mine.    The court is the fact finder.
                MR. PENA:     For some reason the
lights -- all right.     There we go.
    Q.      (BY MR. PENA)    Now, in this application,
Mr. Ortiz, when a voter wants to have a ballot sent
to them, they are going to have to fill out one of
these applications; is that right?
    A.      That's correct.
    Q.      All right.   And at the very top it
requires certain information from the voter; is that
correct?
    A.      Yes, sir.
    Q.    Obviously, the name, address, correct?
    A.    Yes, sir.
    Q.    The -- it requests the voter registration
number but is that a requirement?
    A.    No, sir.    That's optional.
    Q.    Okay.   And then the year of birth, is that
also optional?
    A.    Yes, sir.
    Q.    How about the telephone number?
    A.    It's optional.
    Q.    Okay.   And then it asks for the type and
date of the election so they request a primary and
there's a box here that if there's a runoff they can
check that off.   They don't have to ask for another
mall-in ballot; is that correct?
    A.    That's correct.
    Q.    And then the party preference.     So they
have to mark either democrat or republican?
    A.    Yes, sir.
    Q.    And then it says "mail my ballot to."    And
can you tell the court where you would normally send
the ballot to.
    A.    The ballot would be sent to the mailing
address requested on the application.     If the
person is outside of the county requesting a ballot
by mail, if they are at a nursing home, for example,
other than their residence homestead.
    Q.    Okay.    It says "mail my ballot to, if not
residence address include street address."       So it
can be sent somewhere other than their residence?
    A.    Yes, sir.
    Q.    That takes place if someone is like in a
nursing home or some kind of facility, hospital,
things of that nature, correct?
    A.    Yes, sir.    That's correct.
    Q.    Now, we move on to the next section of the
application here.     It has "the reasons for voting
by mail you must check one."     You see that?
    A.    Yes, sir.
    Q.    All right.    And is the voter -- it
instructs the voter in order to get a ballot you've
got to check one of these, correct?
    A.    Yes.
    Q.    And it has four reasons on there, correct?
    A.    Right.
    Q.    Those are the four reasons the Election
Code says you can vote by mail, correct?
    A.    Yes.
    Q.    First one is 65 years of age or older?
    A.    Right.
    Q.    Correct?    The second one is disability,
the third one is confinement in jail, the fourth one
is expected absence from the county, correct?
    A.    That's correct.
     Q.   All right.   Now, on number four it says if
you are going to check you are going to be out of
county, then what is it that the voter must tell you
as the elections administrator in regards to being
out of the county?
     A.   Well, if they are going to mail it out of
the county, they must be out of the county before
early voting starts because, obviously, if early
voting starts they are able to go to early voting.
     Q.   Okay.   So if someone indicates that they
are going to be absent from the county, do you send
that ballot to the address that they've given you?
Let's say they are in college in Ohio.
     A.   Yes, sir.    That's correct.
     Q.   And so this application would tell you or
it where it says mail my ballot to where you should
send it to, correct?
     A.   Correct.
     Q.   Then they would check number four,
expected absence from the county?
     A.   Correct.
     Q.   In the case of a college student or
something.   And it says in capitals, "YOUR BALLOT
MUST BE MAILED TO AN ADDRESS OUTSIDE THE COUNTY.
GIVE DATE YOU CAN RECEIVE MAIL AT THE ADDRESS GIVEN."
               And so these are the instructions that
a voter needs to read through in order to fill out
this application, correct?
     A.    That's correct.
     Q.    All right.   And then the special
instructions for having your ballot mailed to you,
and these are the ones we were talking about earlier,
correct?
     A.    Yes, sir.
     Q.    In other words, if they are disabled or
there's a mailing address somewhere else, hospital,
nursing home, things of that nature?
     A.    Yes, sir.
     Q.    Correct?
     A.    Correct.
     Q.    All right.   And they can check any one of
those; is that correct?
     A.    Yes, sir.
     Q.    All right.   Then the final section here is
for witness and/or assistant.     What does
that -- how does that apply to this particular
application?
     A.    It applies to where a person assisting the
voter with the application, filling out any of the
information must print and sign their name and add
the address on the application.
     Q.    Okay.   Now, is there a distinction
between witnessing and assisting?
     A.    Yes, sir.
     Q.   And what is the difference?
     A.   The difference is that a witness will
witness a mark for someone who is unable to write
and that witness must also sign and place his address
on the form.
     Q.   All right.    And then exactly underneath
that it asks the address -- residence of the witness
or the assistant, correct?
     A.   Correct.
     Q.   And then there is an instruction there,
relationship to the applicant of the witness if it's
applicable, correct?
     A.   Correct.
     Q.   Then at the very bottom it says, "I certify
that the information given in this application is
true and I understand that giving false information
in this application is a crime."     And is that
something that's required on these applications?
     A.   Yes, sir, it is.
     Q.   And I guess the Election Code says that if
you are not truthful in this application that it's
a crime, correct?
     A.   Correct.
     Q.   Is that correct?
     A.   Yes, sir.
     Q.   All right.    Now, let me ask you this,
Mr. Ortiz.     Assuming that an individual is in fact
not disabled but they check off the disability
section -- and which brings us actually to the issue
that I have in front of you on section 82.002 of the
Election Code.      If you'd go to that.   And
disability under the Election Code means that the
voter has a sickness or physical condition that
prevents the voter from appearing at the polling
place on election day, correct?
       A.   Yes.
       Q.   Without likelihood of needing personal
assistance; is that correct?
       A.   Yes, sir.
       Q.   All right.    So someone could have a
diabetic condition or they could have a broken arm,
they could have any number of ailments but so as long
as they can appear without assistance under the
Election Code they would not be disabled, correct?
       A.   Yes, sir.    I would imagine so.
       Q.   Okay.   Well, you're the elections
administrator, I'm asking you.     Let me ask you this
way.    If someone is able to go to Wal-Mart, to go
to H.E.B., gets around in their vehicle, would they
be able to attend to early voting by personal
appearance?
       A.   I would imagine they would with the same
kind of assistance that they had going to these
places.
     Q.    Okay.   Well, if they had assistance that
they could also have assistance going to the poll,
correct?
     A.    Correct.
     Q.    That would not prevent them from doing
that, correct?
     A.    Correct.
     Q.    Now, if someone is clearly not disabled,
let's say a person is perfectly healthy and they mark
down that they are disabled, would that voter be
qualified to receive a mail-in ballot?
     A.    As far as our office is concerned, we would
mail the ballot out.
     Q.    Okay.   Then the question then becomes,
how do you determine if a person is disabled or not?
     A.    The only thing we go by is the application
itself.    And because the person who is applying for
that application for ballot by mail has certified
that everything that they placed on that application
is true and correct, then we have to go by that.
     Q.    All right.   And if it isn't true and
correct, is there any way for you or the ballot board
to make that determination that it isn't?
     A.    Not that I know of, sir.
     Q.    Okay.   So you'd actually literally have
to go out and talk to people to make a determination
if in fact they are disabled?
              THE COURT:    That would be if he had
that authority or under the Code.
    Q.    (BY MR. PENA) Okay.    But my question is,
there's no independent way for you to make that
determination, correct?
    A.    Right.
    Q.    Okay.    Now, how about someone who is over
65 years of age?   Is there some way that you as the
elections administrator or your office to determine
someone is over 65?
    A.    Yes, sir.
    Q.    How would you do that?
    A.    That would be on the application when they
filed the application when they registered to vote,
we have a birth date.
    Q.    And if the person is over 65 they are
certainly qualified to get that?
    A.    Yes, sir.
    Q.    So in age you're able to have some kind of
verification, but as far as disability you're
relying on the individual certifying in the
application, correct?
    A.    That's correct.
    Q.    All right.    If it turns out that that
person is not disabled, Mr. Ortiz, is that ballot
that the person returns a void ballot?
    A.    Well, it's got to be determined, I guess.
      Q.    Well, I guess the Judge is going to
determine it, but let me give you a for instance,
Mr. Ortiz.     I'm perfectly healthy, I'm -- I
ambulate, I can get around.       I apply under an
application for a mail-in ballot and I put down that
I'm disabled.       If I send in my ballot, is that a
valid ballot that I've cast or not?
      A.    If your application, sir, has your
signature it on certifying that you are disabled,
yes, sir.
      Q.    Okay.    So you're saying that as far as
you're concerned that ballot is going to be okay?
      A.    Right.
      Q.    All right.    The reason you're saying that
is that there's no way for you to go around and check
it?
      A.    Right.
      Q.    But if you know -- you know, me Mr. Ortiz.
You know I'm not disabled what would you do?
                MR. HOCKEMA:     Objection, calls for
speculation.    Your Honor.
                THE COURT:     Sustain the objection.
      Q.    (BY MR. PENA)    Well, let me ask you a
hypothetical, Mr. Ortiz.      Let's say you received an
application from someone who says they are disabled
and you have personal knowledge or someone in your
office has personal knowledge that they are not
disabled what would you do?
     A.    Actually, what I would do is call the
Secretary of State, but I don't believe that we could
stop that application from going out.
     Q.    Okay.   So you would call the Secretary of
State to do what?
     A.    I would call Secretary of State for
guidance on what needed to be done in a case like
this which I have not seen yet.
     Q.    Okay.   But would you agree with me if such
a person if, in fact, they were not disabled would
not qualify to get a mail-in ballot?
     A.    Correct.
     Q.    Correct.     Now, if you'll turn to
page -- well, section 84.0041.     Are you there, sir?
     A.    Yes, I am.
     Q.    Okay.   Would you tell the court what
providing false information on the application
means.
     A.    Well, it's a person commits an offense if
a person knowingly provides information in an
application for early voting or early voting ballot.
     Q.    It's a crime?
     A.    It's a crime.
     Q.    It's a Class A misdemeanor; is that
correct?
     A.    Yes, sir.     That's correct.
    Q.     And you understand that if it's shown
through evidence that an individual in this
particular election, Mr. Ortiz, in fact did not
comply with the requirements of the application for
mail-in ballots, in other words, that they weren't
disabled when they marked down that they were
disabled they would be committing a crime, correct?
                MR. HOCKEMA:     Your Honor, we would
object to two grounds.      One, he is leading his own
witness.     Two, ask him for an opinion on a matter
of law.    All matters of law are for the court, not
for this witness to voice an opinion on.
                MR. PENA:    Mr. Ortiz has been
qualified as an expert in this area, Judge.         He's
testified that he's been trained --
                MR. HOCKEMA:     He is the
administrator.     He can testify to facts on what
happened in the election, but ask him to speculate
on matters of law is improper, Your Honor.
                MR. PENA:    The issue --
                THE COURT:     The purpose is the
objection is overruled.
                MR. PENA:    Thank you, Your Honor.
    Q.     (BY MR. PENA) Do you remember my question,
Mr. Ortiz?
    A.     No, sir.   Could you please repeat it.
    Q.     The question is then that someone who
provides this false information is guilty of a
crime, correct?
    A.     Correct.
               MR. HOCKEMA:     We renew our objection
to leading, Your Honor.
               THE COURT:     Sustained as to leading.
Don't lead the witness.
    Q.     (BY MR. PENA)    What would an individual
who has falsified information be guilty of,
Mr. Ortiz?
    A.     From the Election Code, it calls for an
offense as a Class A misdemeanor.
    Q.     Okay.   Now, you are under law required to
preserve all the election materials in all the
elections, correct?
    A.     Yes, sir.   Correct.
    Q.     And in a separate proceeding you produced
the applications and the return envelopes of the
ballots that were cast in Precinct 2; is that
correct?
    A.     Yes, sir.   That's correct.
               MR. PENA:    At this time, Your Honor,
I'm going to offer what I've marked as Petitioner's
Exhibit No. 1 and Petitioner's Exhibit No. 2 which
are --
    Q.     (BY MR. PENA)    Let me show them to you
first before I offer them.      Let me show you
Petitioner Exhibit Number -- that's Number 2.
                Let me show you Exhibit No. 1.     And
you can examine them if you want to, Mr. Ortiz.
These are bate stamped from 1 through 1,100.       And
I'll ask you, can you identify these documents?
    A.    Yes, sir.   These appear to be the same
documents that were copied from our original carrier
envelopes and applications.
    Q.    Okay.    And the -- just so that we'll
understand, on page 597 of Petitioner Exhibit No.
2 which is the application; is that correct?
    A.    Yes, sir.
    Q.    And then page 598 is I guess the reverse
side of the envelope.    And then page 599 is the
portion of the carrier envelope that you copied; is
that correct?
    A.    That's correct.
    Q.    And then page 600 is also the I guess the
reverse side of that envelope, correct?
    A.    Right.
    Q.    Now, are the originals in this courtroom
today?
    A.    Yes, sir.   The originals are in this
courtroom.
    Q.    Are they in that blue container?
    A.    That's correct.
    Q.    And are these true and exact copies of the
originals that you maintained your possession?
    A.    Yes, sir.   That's correct.
    Q.    And are they maintained in the regular
course of your business?
    A.    Yes, sir, they are.
    Q.    And they are maintained because you are
required to maintain them under the Election Code;
is that correct?
    A.    That's correct.
               MR. PENA:    I'll offer Exhibits No. 1
and No. 2, Your Honor.
               MR. HOCKEMA:    If I could just look at
them, Your Honor.
               THE COURT:     Yes.   Number 1 on the
blue or black binder?
               MR. PENA:    Number 1 is the black
binder, Judge, and No. 2 two is the red binder.        I
have furnished Mr. Hockema with a CD.    I didn't want
to kill anymore trees, Judge, so he does have a CD
that contains all those.
               MR. HOCKEMA:     Yeah, I did get a CD,
Your Honor.   If I could just ask him a question on
voir dire.    I don't think I have any objection.
               THE COURT:     That's fine.
               MR. HOCKEMA:    I know I don't have any
objection to the originals if they wanted to
introduce the originals that Mr. Ortiz has.       I
would rather have the originals introduced for
purposes after appeal or whatever then we use
copies, but I think if we get to it at some point
look at signatures or want to compare signatures on
carrier envelopes or the ballots, I think the proper
rule under the best evidence rule is that the court
have the originals and not copies so that the fact
finder can make that determination whether the
pressure is the same, whatever is the same.        We
would want the originals under the best evidence
rule for that, but for other purposes, for
exemplars --
                 THE COURT:     Go ahead.


                 VOIR DIRE EXAMINATION
BY MR. HOCKEMA:
    Q.    Did you make these copies, Mr. Ortiz?
    A.    Yes.
    Q.    Made by your office?
    A.    Yes.
    Q.    And they are true and correct of the
originals?
                 MR. HOCKEMA:     I have no objection
then to the copies and the originals coming in, Your
Honor.
                 THE COURT:   All right.    They will be
admitted into evidence.
                (Petitioner's Exhibit No. 1 and 2
                admitted)
                MR. PENA:    Thank you, Judge.
                THE COURT:   Now, Mr. Pena, those were
just extra binders you had to hold them together,
has nothing to do with the State Bar of Texas?
                MR. PENA:    No, Judge.     I'm a
recycler.
                THE COURT:     I understand.
                MR. HOCKEMA:    Could we get the court
reporter to mark the originals, Judge?
                THE COURT:     Yes.    If you bring them
up there here.
                MR. HOCKEMA:     I'm get a sticker and
make it court exhibit if that's okay?
                THE COURT:     It will be marked as a
Court Exhibit.
    Q.      (BY MR. HOCKEMA)    The originals are in
this blue box?
    A.      Yes, sir.
                THE COURT:     Is there anything other
than exhibit -- the originals of Exhibit 1 and 2 in
that blue box?
                THE WITNESS:     No, Your Honor.
                THE COURT:     Okay.
                MR. PENA:    Just so what we're clear
whatever is in the blue box has been admitted.       I'm
not sure what's in the blue box, but --
               THE COURT:     I asked Mr. Ortiz the
question and he answers me that the only thing that's
contained is the originals of Exhibits 1 and 2 and
now Court's Exhibit 1.
               MR. PENA:     Court Exhibit 1.
     Q.   (BY MR. PENA)     Now, if you'll go ahead and
turn to Chapter 86 of the Election Code that you have
there in front of you.      That's 86.001.   The early
voting clerk is to review each application for
ballots to be voted by mail.      Who would that be?
     A.   I'm the early voting clerk.
     Q.   Okay.    So you review them yourself?
     A.   I with the help of my staff will review.
     Q.   Okay.    And that's your job to ascertain if
these people are registered voters, correct?
     A.   Right.
     Q.   Okay.    And what else do you look at?
     A.   We look to make sure that the application
for ballot by mail is completely filled out except
for those optional items.
     Q.   Exactly.    And just so that we'll, so that
we're on the same page, let me pull some of these
so that I can kind of --
               THE COURT:    By the way, thank you all
for not invoking the rule.    I believe there's a lady
that's just coming in.      She may be an additional
witness of yours.
    Q.      (BY MR. PENA)      Okay.   Let me show you
a -- there is an application for -- page 125,
000125, for Florencia Sanchez, correct?
    A.      Correct.
    Q.      And she's marked that she's disabled,
correct?
    A.      Yes.
    Q.      And for witness and or assistant and it's
circled assistant there, is Herminia Becerra.            Do
you see that?
    A.      Yes.
    Q.      Okay.    Now, is this application where
Ms. Becerra has assisted done correctly?        Is there
anything wrong with it as far as you can tell?       I'm
sorry.
    A.      No, sir.
    Q.      Okay.    And there's nothing wrong in terms
of Ms. Becerra assisting individuals in filling out
their application, correct?
    A.      That's correct.
                   MR. PENA:   You need to speak up a
little bit.
    Q.      (BY MR. PENA)      Now, after the individual
sends in their application you receive it, what do
you do and you confirm that this is a registered
voter?     What do you do?
    A.     That application is processed.      Then
we've got staff that process the application and
sends out a ballot on proper envelopes for mail-in
ballots to the person that's applying for that.
    Q.     Okay.   Did you bring us a sample of the --
    A.     Yes, sir --
    Q.     -- what you send out to the voter?
    A.     Yes, sir.
    Q.     By the way, you were subpoenaed and we did
ask you to bring these documents as well; is that
correct?
    A.     Yes, sir.
    Q.     Okay.
    A.     This is what goes out to the voter along
with the ballot.
    Q.     Okay.   Let me see.   Just for clarities
just so that we can have this, the first thing I
handed you is a green envelope.        Does the green
envelope contain all the rest of the documents?
    A.     That's correct.
    Q.     Okay.   So I'm going to mark that as
Petitioner Exhibit No. 4.    And in the green envelope
you place the -- what is a yellow envelope, correct?
    A.     We have actually -- yes, we place the
yellow envelope.     That's correct.
    Q.     Okay.   And you also place a ballot
envelope, correct?
    A.     That's correct.
    Q.     Okay.    I'm going to mark the ballot
envelope as Exhibit Number -- Petitioner Exhibit
No. 6, and we've marked the yellow envelope as
Petitioner Exhibit No. 5.       And then there's a little
flier that you have in here.
    A.     Yes.
    Q.     That's an instructional flier.      That's an
instructional flier.      And it says don't let others
take your vote and it's in English and in Spanish,
correct?
    A.     Yes.
    Q.     I'll mark that as Exhibit Number 7.      Then
from your website I've pulled this sample ballot and
it's just a sample ballot but it would be a ballot,
a regular ballot that you would include, correct?
    A.     That's correct.
    Q.     All right.     And these comprise all the
documents that you would send to a voter, correct?
    A.     That's correct.
                  MR. PENA:    I'll offer Petitioner's
Exhibits 4, 5 --
                  MR. HOCKEMA:     No objection.
                  MR. PENA:    -- 6, 7 and 8, Your Honor.
                  THE COURT:     Admitted without
objection.
                  (Petitioner's Exhibit No. 4-7
                 admitted)
    Q.    (BY MR. PENA) And in Exhibit No. 7,
Petitioner's Exhibit No. 7 it's a flier that you
include in this packet; is that correct?
    A.    Yes, sir.
    Q.    What is the purpose of this flier?
    A.    Well, the purpose of that flier is to give
information to the voter as to the filling out of
the application and the assistance given and this
is in English and in Spanish.      Things that
they -- that they are, well, advised of making, you
know, may be the proper word.    And it's information
given to us by the Secretary of State to include in
the mailing of the ballots.
    Q.    When voter fills in his or her ballot, they
put it in the ballot envelope then they put it in
the green envelope which is the carrier envelope?
    A.    Yellow.
    Q.    And then they sign it?
    A.    Yes.
    Q.    And they sign it so where it's sealed they
have their signature, correct?      Is that right?
    A.    Yes, sir.
    Q.    Okay.     Now, after the voter receives that
ballot and does all of this, what are they supposed
to do with the package, the envelope that contains
their ballot and the carrier envelope?
    A.      I imagine the voter will receive them,
open them up and work on their ballot to fill out
their -- to vote.
    Q.      I didn't ask.   After they've done all that
they've marked it, put it --
    A.      Okay.   The ballot is then placed in this
white envelope.
    Q.      Okay.
    A.      Okay.   And this white envelope goes in the
carrier envelope so their ballot is inside two
envelopes, they come back to our office.
    Q.      All right.   So the voter literally has to
fold the ballot.
    A.      Correct.
    Q.      Put it in the ballot envelope and then take
that ballot envelope and put it in the carrier
envelope?
    A.      Correct.
    Q.      And then sign on the outside, correct?
    A.      Yes.
    Q.      If someone assists a voter in either
voting or filling out the ballot, what is supposed
to happen?
    A.      If someone assists them, then the carrier
envelope needs to be filled out accordingly,
making -- making I guess acknowledgment that they
assisted d with their name and -- just like the
application.
    Q.     Okay.    Let's take a look at your -- at the
carrier envelope, is this correct, the yellow one?
    A.     Right.
    Q.     And if we look at it, there's an
instruction to the voter about completing the
information.      If someone assists they're supposed
to be an oath of assistance, correct?
    A.     Right.
    Q.     Is that correct?
    A.     Yes, sir.
    Q.     You need to speak a little bit.
    A.     Sorry.
    Q.     All right.    And then there's an X where
the individual I guess, that is, voter signs it,
correct?
    A.     Correct.
    Q.     Says signature of voter.
    A.     Right.
    Q.     Then there's another box that says oath of
person assisting voter?
    A.     Yes.
    Q.     And that individual is to sign their name
and their address, correct?
    A.     That's correct.
    Q.     All right.    If someone helps assist a
voter and does not put down the information that
they've assisted, can that ballot be counted?
     A.     Well, it's hard to establish sometimes
that somebody assisted and didn't sign it.              But if
that was the fact then that wouldn't be proper and
wouldn't be counted.
     Q.     Not only would it not be proper, but if you
look at 86.006 if you'll turn to Section H which is
this particular section, "a ballot return in
violation of this section may not be counted."
Correct?
     A.     Yes.
     Q.     Okay.    And -- and the problem that you
would have is that you would not be able to determine
if someone assisted the voter, correct?
     A.     Correct.
     Q.     All right.    Now, let me ask you this,
Mr. Ortiz, is the process of filling out the
application to get the mail-in ballot more difficult
than doing the actual voting?
                   MR. HOCKEMA:     Your Honor, I'm going
to object to that.       As to who?
                   THE COURT:     Sustained.
                   MR. PENA:    I'm sorry.     Let me
rephrase.
     Q.     (BY MR. PENA)       In terms of simplicity, is
the application a simpler document than the ballot
package that you send out?
    A.     Simpler in the way of --
    Q.     Still not a good question.      All right.
Let me try to rephrase it.
                  Here is your application, correct?
    A.     Correct.
    Q.     So one sheet, one page, one envelope
thing, right?
    A.     Right.
    Q.     And it has some very limited information
to apply for a mail-in ballot, correct?
    A.     Right.
    Q.     And my question to you is this document a
simpler document than the package that you send out?
    A.     Yes, sir.
    Q.     Okay.    Now, if you will go to the next page
under 86.010.
    A.     Okay.
    Q.     Are you there?
    A.     Yes.
    Q.     This is another provision of the Election
Code regarding assisting the voter?
    A.     That's correct.
    Q.     And this actually brings into play a
couple of the sections of the Election Code,
correct?
    A.     Yes.
    Q.     All right.    It calls in to play section
64.031, 64.032 (C) which is the kind of assistance
that you can give to a voter, correct?
    A.    Right.
    Q.    What kind of assistance can someone give
to a voter?
    A.    And we're still in the ballot by mail?
    Q.    Well, is there a difference?
    A.    Well, when --
    Q.    Let's keep it to the mail in ballot.
    A.    Okay.    In the mail-in ballots the person
who is assisting the voter may assist by reading the
ballot to the person, may assist in helping fill out
the information, but after that is done it must be
disclosed that there was assistance.
    Q.    Okay.    And so 86.01 says that if someone,
again, does not provide that information that ballot
may not be counted?
    A.    Right.    That's correct.
    Q.    And, again, there is no way you or the
mail-in ballot board would --
              MR. HOCKEMA:    Excuse me, Your Honor.
We've been pretty patient.     We object to leading.
              MR. PENA:    Judge, I'm trying
to -- I'm sorry, Judge.    I'm trying to get through
him as quickly as I possibly can.
              THE COURT:     I'll overrule just for
purposes of preliminary matters.      Let's get to it.
                 MR. PENA:   I will try to rephrase,
Judge.
    Q.     (BY MR. PENA)     Is there any way that you
or your ballot board would be able to make a
determination on the face of the carrier envelope
that comes into you whether someone has been
assisted or not?
    A.     Well, this carrier envelope has a
signature of the voter on the back and it will have
a place for an assistant and their residence
address.
    Q.     Okay.
    A.     And that's about all it's got.
    Q.     That's how you would know someone has been
assisted, correct?
    A.     Right.
    Q.     Let me ask, is there anything wrong with
that?    Is there anything illegal about that?
    A.     I don't see it.
    Q.     No?
    A.     No.
    Q.     That's what's required by the Election
Code?
    A.     That's correct.
    Q.     The Election Code tells us if you are going
to assist all you have to do is sign and there's no
problem, correct?
    A.     Correct.
    Q.     But the Election Code also says that if you
don't -- if you do assist and you fail to fill out
the information, that ballot would not be counted,
correct?
    A.     Correct.
    Q.     Correct?
    A.     Yes, sir.    That's correct.
    Q.     All right.   Now, just so that people don't
get too concerned over this in terms of crimes or
anything like this, in 86.001.010 it's not a crime
if you're related to that individual?      In other
words, if you've assisted, but you've assisted but
you didn't put down the information it doesn't make
it a crime, correct, if you look at subsection H of
86.010.    Do you see that?
    A.     Yes.
    Q.     Okay.   So if I help my wife or my daughter
or somebody like that and I failed to put down that
I helped them, it excuses me from it being a crime,
correct?
    A.     That's correct.
    Q.     However, it says it doesn't say that the
vote can still be counted.    It still says the vote
cannot be counted, correct?
    A.     Correct.
    Q.     Then let me go to the next page on 64.031
which is what we've been talking about a little bit,
and this is the eligibility, this is how people are
eligible for assistance, correct?
     A.   Yes, sir.
     Q.   And the reason for this is because we want
to have people to vote, we want to give them the
ability to vote, correct?
     A.   That's correct.
     Q.   All right.   And so what it says there if
they have a physical disability that renders the
voter unable to write or see or inability to read
the language in which the ballot is written, they
are eligible for assistance?
     A.   Correct.
     Q.   Now, our ballots are bilingual, correct?
     A.   That's right.
     Q.   So English and Spanish?
     A.   That's right.
     Q.   If you go down to the bottom of that page
64.036 unlawful assistance, do you see that?
     A.   Yes, sir.
     Q.   And that is where people provide unlawful
assistance in regards to the ballot, correct?
     A.   Yes.
     Q.   And the next page 64.037, again, if
assistance is provided to a voter who is not eligible
for assistance, the voter's ballot may not be
counted, correct?
     A.     Correct.
     Q.     All right.    Now, let me ask you a
follow-up question, Mr. Ortiz.       Are you familiar
with the provisions in the statute of the Election
Code?     Rather, where it is unlawful for an
individual to possess the ballot of another person?
     A.     Yes, sir.
     Q.     Okay.    And what I'm asking you here, let's
assume that a voter has filled out their ballot, put
it in the carrier envelope.       Normally, what would
that individual then do next after everything has
been filled out?
     A.     The voter is -- is advised and asked in the
little advisory that's included to place their
ballot mail in the mail as they normally do any other
mail, or have a family member do it for them.
     Q.     Now, if someone picks up the carrier
envelope with the ballot in it and if you will look
on -- I want you to go back to 86.006 subsection H,
actually, F which is at the top of the page.      Do you
see that?
     A.     Right.
     Q.     Okay.    This talks about people who
knowingly possess an official ballot that's been
provided to another, correct?
     A.     Right.
    Q.    And this makes it a crime to possess one
but fewer than 10 ballots and so on and so forth?
    A.    Correct.
    Q.    And what we're talking about here is
someone that goes and retrieves the carrier envelope
or the ballot fills it in and returns it, correct?
    A.    Correct.
    Q.    All right.     And under H there a ballot
that's returned in violation of this section cannot
be counted, correct?
    A.    Correct.
    Q.    Now, again, there's no way for you or your
mail-in ballot work to independently verify that a
situation like that has occurred, correct?
    A.    That's correct.
    Q.    All right.    Only a judge would be able to
make that determination, correct?     You think so?
    A.    I think so.
    Q.    Okay.   All right.    Now, do you know
Herminia Becerra?
    A.    Yes, sir.     I do.
    Q.    Okay.   How do you know her, sir?
    A.    Well, she's -- she's been around.
    Q.    She's what?
    A.    She's been around.     She's -- I know her
because I think I've met her before when I was
working for another governmental entity.      But
during the time I've been working here, Herminia has
been involved with some of the elections.
    Q.      And she's affectionately known as a
politiquera, correct?
    A.      Yes, sir.
    Q.      Have you seen her standing outside
campaigning for candidates?
    A.      Yes, sir, I have.
    Q.      Did you see her standing outside
campaigning for candidates during this past
election?
    A.      I believe she was there.
    Q.      Okay.     And does she come into your office?
Have you visited with her in your office?
    A.      I have.
    Q.      Okay.     And -- okay.   That's all.   How
about Margarita Ozuna?        Do you know Margarita
Ozuna?
    A.      Yeah, I believe I do.      Yes.
    Q.      Okay.     And you believe you do?
    A.      The reason I say that is because I'm not
sure if -- there's a somebody else by the lead named
Margarita I didn't know till recently.
    Q.      They changed their name.      Well, the
Margarita Ozuna I'm talking about is the lady who
has assisted in some of the mail-in ballots.
    A.      Okay.
     Q.     Do you know who that is?
     A.     Well, again, I say I believe I do.
     Q.     Okay.    You believe you do.   And do you
know her from your -- from your position as the
elections administrator?
     A.     Correct.
     Q.     Okay.    And has she visited with you in
your office?
     A.     Yeah, she probably has.
     Q.     Okay.    Has she walked into your office?
     A.     Yes, she has.
     Q.     Okay.    And would you consider her
disabled?
     A.     I can't tell.
     Q.     Under the Election Code.   In other words,
by definition of the Election Code if she walked into
your office she could walk into a voting place?
     A.     Yes.
     Q.     Okay.    How about Herminia, she could --
     A.     Yes.
     Q.     Walk into a voting place?
     A.     Yes.
     Q.     So for Election Code purposes, neither one
in your opinion would be considered disabled,
correct?
     A.     Right.     It's --
     Q.     Okay.    Would you be surprised that they
both mark disability as a reason to get their mail-in
ballot?   Would it surprise you?
    A.    Yes.
    Q.    Now, let me ask you another question.
This is another issue I needed to bring up briefly
with addresses.    How do you verify that an address
actually exists or do you?
    A.    We don't.
    Q.    Okay.    So you leave that up to the voter?
    A.    Yes.    We are talking about the mail?
    Q.    Yes, sir.
    A.    Yes.
    Q.    I'm sorry.    All my questions have to do
with mail.     I'm sorry?
    A.    Yeah, but I -- I asked that to clarify the
address to mail the ballot to or the address where
they are registered.
    Q.    Let's talk about the -- let's talk about
both the address where the person is registered.
    A.    Okay.
    Q.    Is there any way that you verify that
independently?
    A.    When a person is registered, yes, we can
verify that.
    Q.    Okay.    How do you verify that?
    A.    From our voter registration list.
    Q.    Oh, okay.    Well, if I put down a
fictitious address it comes up on the voter, is there
any way you can determine whether it's fictitious
or not?
     A.   Yeah.
     Q.   How would do you that?
     A.   Well, it -- I wouldn't know whether it's
fictitious, but I know it's not the same that's on
the same registration list.
     Q.   Okay.   We are not communicating.    Let's
say I registered at 00000 and that's where my
registration says, is there a way you can determine
that's a fictitious address or not?
     A.   Yes.
     Q.   How would you do that?
     A.   By going in to our voter registration
list.
     Q.   Does that tell you that that address
exists or not?
     A.   That will tell me that that's where that
person is registered and its address in the county.
     Q.   Okay.   And how do you know that that
address exists?
     A.   At the time of a person registers to vote,
we have to look for that address and it must be a
physical address.   It must be an address that will
pinpoint the exact location of their residence so
that way we can place them in the correct precinct.
    Q.     Let me ask you this question; if a person
requests a mail-in ballot and an address that does
not exist, would that -- would that application be
void as well?
    A.     If it's the mail -- mailing address that
they've provided that's where we mail it out to.
    Q.     All right.     Even though it may not be a
real address?
    A.     Sometimes --
    Q.     That's okay.
    A.     Well, the reason I hesitated, if I may
Judge?
    Q.     Yes.
    A.     Is because people that are absent from the
county will put an address possibly some other
county, some other state and it's hard to tell
whether it's a fictitious address.
    Q.     I got you.     That's okay.       Let me see.
                  MR. PENA:    That's all the questions I
have of this witness, Your Honor.            I'll pass the
witness.
                  THE COURT:     Mr. Hockema.
                  MR. HOCKEMA:    Just a few, Your Honor.
                  THE COURT:     Go ahead.


                    CROSS-EXAMINATION
BY MR. HOCKEMA:
    Q.     Mr. Ortiz, you said you had been working
in your position a little over eight years?
    A.     Almost eight years, sir, yes.
    Q.     And how many people do you have on your
staff in the elections office?
    A.     We have eight besides myself.
    Q.     And I notice the address for the mail-in
ballots all the mail-in ballots come in to you,
correct?
    A.     Correct, sir.
    Q.     And that was the case in this past
election, this runoff election that Mr. Pena is
complaining about, correct?
    A.     Yes, sir.
    Q.     And did you -- well, let me ask you before
we get to the mail-in ballots.    He asked you a
question about different addresses.
               Does your office, is it also the
office that mails out the voter registration cards?
    A.     Yes, sir.
    Q.     And if you send out a voter registration
card and somehow it's for whatever reason a mistake
or the wrong address, is the card returned back to
the elections office?
    A.     Yes, sir, it is.
    Q.     In the envelope that you send the voter
registration card out to all the voters in the
county, does it tell the post office that it's not
deliverable to return it back to you?
    A.     Yes, sir.
    Q.     Do you get some registration cards back
that you send out?     Did you send them out every year?
    A.     We send them out every other year.
    Q.     Every other year?
    A.     Yes, sir.
    Q.     Okay.   And the -- when someone gets an
application to vote by mail because they are over
65 or disabled or whatever reason, do you check that
application for mail against your voter
registration list to make sure they are registered
voters?
    A.     Yes, sir.
    Q.     Okay.   And if they are not a registered
voter, would you send them an application to vote
by mail?
    A.     No, sir.
    Q.     When the applications to vote by mail go
out, do all of them come back in with ballots and
carrier envelopes or do some people apply for an
application to vote by mail and then just never get
their ballot back?
    A.     That's correct.     Not all of them come
back.
    Q.     Okay.   The ones that do come back, the
ballots that do come back, you check the carrier
envelope and the ballot envelope to see if the
signatures matched?
    A.     Yes.     The board will look at the
signatures to determine that the same person signed
both the application and the carrier envelope.
    Q.     And you check everything to see everything
is filled out correctly?
    A.     Yes, sir, we do.
    Q.     Are some ballots rejected by you and the
mail ballot board?
    A.     Yes, sir.
    Q.     And are those rejected ballots also
retained by your office?
    A.     Yes, they are.
    Q.     This blue box, does it have ballots that
were rejected by the board ,too?
    A.     No, sir.     I don't believe -- no, sir.
It's just got these that are here, these copies.
    Q.     All right.    So to be sure all the ballots
that are in the blue box and the copies of are in
the binders, these are actual voted ballots,
correct?
    A.     Right.     Yes, sir.
    Q.     Okay.    And does your office still have the
ones that were rejected for whatever reason?
    A.     Yes, sir, we do.
    Q.      Okay.   And is your office and the board
pretty strict about accepting ballots?       In other
words, if there's any discrepancy in the signatures
or the it's not filled out correctly, is that ballot
rejected?
    A.      It's the board's duty to go over all of the
ballots and they sort those out.
    Q.      All right.
    A.      When an application -- well, when an
application comes in and it's not completely filled
out, then that is not honored unless it's very early
during the election that we know that they can fill
out another one, then they are allowed to.
    Q.      Okay.   If it's early in the process then
you contact the voter that has the incomplete
application to give them a chance to complete it so
that they can go ahead and vote by mail if there's
time to do that?
    A.      Yes, sir.
    Q.      Okay.   And was that done in this election?
    A.      Yes, sir.
    Q.      Was this election done the same way that
you've done all the elections under your
supervision?
    A.      That's correct.
    Q.      And in particular the mail voting, was
there anything said to you as election administrator
during the entire course of early voting about any
problems with the mail ballots that one was
improperly rejected or improperly accepted?
    A.    I can't think of a specific instance that
that happened, but normally every election there's
something like that, you know, some comment or
something by somebody.     But I don't recall anybody
complaining like that during this past election.
    Q.    All right.   Were there any problems in the
election from your standpoint as administrator to
any mistakes, any fraud, any illegal votes counted,
any legal votes not counted in this election that
you know of?
    A.    No, sir.
    Q.    Mr. Pena has alleged in his petition or
complaint that election officials in general terms
made mistakes or did something wrong.    Do you know
of any election officials under your supervision
that did anything like that?
    A.    No, sir.
    Q.    Mr. Ortiz, you understand Mr. Pena wants
to in effect question the integrity of the mail-in
votes of elderly and disabled people in effect
disenfranchise those voters ors or not count their
votes?
               MR. PENA:    I object to the argument,
Judge.   Just ask the question.   Object to the form.
                THE COURT:     Overruled.   Overruled.
Go ahead.
    Q.      (BY MR. HOCKEMA)    He wants to I guess not
count a large number of the mail-in ballots saying
that they are illegal, that people voted illegally,
they committed a crime by voting by mail, to take
away the votes, I guess, rather than disenfranchise,
of elderly an disabled people.      Do you know of any
elderly disabled people of your personal knowledge
that voted illegally?     Do you see any of these
people that he subpoenaed that you think voted
illegally as he claims?
    A.      No, sir.
    Q.      This ballot review board, the people on
the ballot review board have they served in this
position for over 10 years?
    A.      Well, I can't say that they vote for 10
years, but I know they have served and worked in the
electoral process in Cameron County since I've been
there for eight years.
    Q.      And you think they are competent to do
their jobs, examining all the mail-in ballots?      Has
anything ever come up in any election where any of
these people on the mail-in ballot board that they
weren't doing their job properly?
    A.      Your normal complaints, you know, from
candidates that -- no, sir.
    Q.    Any of them ever been substantiated any of
those complaints?
    A.    No, sir.
                 MR. HOCKEMA:     That's all the
questions I have, Your Honor.
                 MR. PENA:    If I may, Your Honor?
                 THE COURT:     Yes, sir.


                 REDIRECT EXAMINATION
BY MR. PENA:
    Q.    Mr. Ortiz, let me show you page eight,
four and nine that's in our exhibits here.         I guess
it's going to be in Petitioners Exhibit No. 2.          I
pulled it out of the another one to show it to you.
It is application of Aurora Yanez.      Do you see that?
    A.    Yes, I do.
    Q.    And you see the section where it says
"reason for voting by mail you must check one."
    A.    Yes.
    Q.    You see that?
    A.    I do.
    Q.    Is there any one of those that are checked?
    A.    None of them are checked.
    Q.    I mean, in order for her to get a ballot
she would have had to check one, right?
    A.    That's correct.
    Q.    So somebody made a mistake because in fact
here is her carrier envelope and she signed; is that
correct?
    A.     Yes, sir.
    Q.     So somebody made a mistake, right?
    A.     Yes, sir.
    Q.     All right.    So you are not telling this
court that your office is infallible at this point
are you?
    A.     No, sir.
    Q.     Okay.    And, in fact, that mistakes like
this do happen on occasion?
    A.     Yes, sir.
    Q.     All right.    Because people are human?
    A.     Correct.
    Q.     And that kind of mistake can occur?
    A.     Right.
    Q.     That's all I have.     Thank you, sir.
               THE COURT:     Anything else?
               MR. HOCKEMA:     No questions.
               THE COURT:   Okay.    You may step down.
We are going to go ahead an take a 15 minute break
come back at 12:00.     All right.   We're in recess.
               (Recess had at 11:40 to 11:57)
               THE BAILIFF:    All rise for the Judge.
               (Interpreter present)
               THE COURT:     Come to order.    Court is
going to call 2010-DCL-2508; Ruben Pena versus Ernie
Hernandez.
                Let the record reflect all counsel are
back in the courtroom and the witnesses are here as
well.
                Okay.   Now, while I took 15 minute
break, largely for everybody's benefit here because
I only needed five minutes, I found out through the
bailiffs that there was a disturbance out here in
the hall.    I understand that.   I will not tolerate
it nor should the citizens of Cameron County
tolerate it.    I understand that emotions are high.
Many of you supported Mr. Hernandez who prevailed
in this contest and many of you supported Mr. Pena
who pre -- who did not prevail.      Some of you who
supported Mr. Pena may feel that somehow some way
you were wronged and Mr. Pena, in fact, has filed
a lawsuit which is why we're here.    Now, I say that
to tell you that I understand why emotions might be
high.
                I have lost one election in my career
and it was very very close, closer than this one.
I should have won that election and I too felt that
I was wronged, however, even though persons may
question the process it needs to be done in an
orderly lawful fashion, not outside in the hallway
and certainly not encourage others to violate the
law.    So those of you that who have been subpoenaed,
I will try to consider your health and well-being
with respect to taking breaks which is why I have
asked the bailiff to line up some of the witnesses
here in front realizing that many of you with your
disabilities do not move as quickly as perhaps you
once did.    However, that in no way will excuse
unruly behavior, therefore, if there are persons
here who have not been subpoenaed you are welcome
to stay.    This is a public courtroom, but your
actions if they are illegal such as suggesting to
people that they can disobey a subpoena, that will
not be tolerated and I have law enforcement
personnel here to deal with that.     I hope that will
not be necessary.
                Call your next witness, Mr. Pena.
                MR. PENA:   Yes, Your Honor we call
Ricardo Liceaga.    Mr. Liceaga will need a
translator, Your Honor.


                   RICARDO LICEAGA,
having been first duly sworn, testified through an
               interpreter as follows:
                 DIRECT EXAMINATION
BY MR. PENA:
    Q.      Is your name Ricardo Liceaga?
    A.      Ricardo Liceaga Alonso.
    Q.      Your last name is Alonso?
    A.      From my mother's side.
    Q.      Okay.    And did you vote in the runoff
election?
    A.      Well, the vote a lady went there to pick
up my vote.
    Q.      And who is that lady?
    A.      Well, I don't remember exactly the name,
but I just know her as Dora.
    Q.      Dora.    Does she go by Margarita Ozuna?
    A.      Yeah.    Yeah.     Yes, yes.
    Q.      She went and picked up your ballot?
    A.      Yes.    Yes, she picked it up.
    Q.      And did you vote or did she vote for you?
    A.      She voted for me.
                   MR. PENA:    That's all I have, Judge.
                   MR. PETIT:     Mr. Hockema?
                   MR. HOCKEMA:     I don't have any
questions, Your Honor.
                   THE COURT:     Okay.    Next witness?
Rather than have the witnesses rise, Mr. Pena, you
can move around if you can, the translator can move
maybe in front of witnesses.          I don't know about
your materials.
                   MR. PENA:    I'll try, Judge.
                   MR. HOCKEMA:     Your Honor, my only
comment to the court was the court is the finder of
fact with a limited discretion has to take into
consideration in weighing the credibility of the
witness, their age, any incapacity they may have --
                MR. PENA:    Excuse me, Judge.    This is
argument.     It's not an objection.       I'd like to
proceed with my chase in chief if I could, Judge.
He can make his argument at the end.
                THE COURT:     You will be allowed and I
am considering the evidence.
                MR. HOCKEMA:     If I could just finish,
Your Honor.
                THE COURT:     Yes, sir.
                MR. HOCKEMA:     Part of the Judge's
duties as fact finder in an election contest without
limited discretion is to weigh the evidence for the
witness and consider, not only the testimony, but
the method of examination and suggestion of --
                THE COURT:     I'm surprised you didn't
rise, Mr. Hockema.     The witness stated Dora --
                MR. HOCKEMA:     Preferably the age and
the difficulty to answer the questions, Your Honor.
I didn't see a point at that point, but I would just
point that out to the court to consider the method
of questioning by counsel.
                THE COURT:     I understand.
                MR. PENA:    And I think, Your Honor,
the court realizes that these folks, some of these
folks are elderly and have a hard time not only
hearing but understanding what is being asked of
them so I'd ask the court some leeway as well.
               THE COURT:    I'm going to give them
further instructions; those of you who do not speak
English or understand English very well, the lawyers
will ask you questions in English.   This lady is the
court reporter and she's taking down everything
that's being said in this courtroom, therefore, it
has to be in English even though I understand Spanish
and will understand your answers.     But because it
has to be in English, the lawyers will ask the
question in English but that same question will be
translated to you and asked of you by the translator,
therefore, you will give your answer in Spanish and
the question will be posed by the lawyers but it will
actually be asked of you by the interpreter and
therefore he will likewise interpret your answer in
English.
               So call your next witness.    And
perhaps it is better if the interpreter would be on
this side of the rail and keep moving down the line
with your stool if whatever makes you comfortable.
               MR. PENA:    Our next witness is Maria
Alicia Mendoza.


               MARIA ALICIA MENDOZA,
having been first duly sworn, testified through an
               interpreter as follows:
                   DIRECT EXAMINATION
BY MR. PENA:
    Q.     Are you Maria Alicia Mendoza?
    A.     Yes.
    Q.     Did you vote in the runoff?
    A.     Pardon me?
    Q.     Did you vote in the runoff election?
    A.     No, no, no.   I voted with the lady that you
just mentioned right now.         That lady she asked me
for the letter and she told me I'm going to vote and
I'm going to take it.    And I was sick.      And she said
no, no, I'll take it and I'll take it over there.
                  MR. PENA:    No further questions.
                  THE COURT:     Any questions?
                  MR. HOCKEMA:     No questions.
                  THE COURT:     Very well.   Next
witness?   What I intend to do, Mr. Pena, is get
through with these witnesses then excuse them all
in mass otherwise it may take too much time.
                  MR. PENA:    With all due respect,
Judge --
                  THE COURT:   In her case I understand
the exception.
                  MR. PENA:    Thank you.
                  THE COURT:     Let's proceed.      Next
witness.
                   MR. PENA:    What is your name, ma'am?
                   THE WITNESS:     Lazara Garcia.


                      LAZARA GARCIA,
having been first duly sworn, testified through an
                interpreter as follows:
                    DIRECT EXAMINATION
BY MR. PENA:
    Q.      Ms. Garcia, did you vote in the runoff
election.
    A.      Yes.
    Q.      Did anybody help you?
    A.      Yes, the same one, Margarita.
    Q.      And did --
    A.      Well, the reason why it's because I don't
know English.      I signed and I put there, and I voted
for Hernandez because he is going to, well, have a
lot of benefits for schools and et cetera.
    Q.      Let me show you bates stamp 905, 906, 907
and 908.    This is your application for a ballot?
    A.      Well, I just signed and she asked me who
you are going to vote for and I said Hernandez.
    Q.      And what did she do with the ballot?
    A.      She took it.
                   MR. PENA:    No further questions.
                   THE COURT:     Next witness?
                   MR. PENA:    Mr. Donato Martinez.
                   THE WITNESS:   Yes, sir.


                     DONATO MARTINEZ,
having been first duly sworn, testified through an
                interpreter as follows:
                    DIRECT EXAMINATION
BY MR. PENA:
    Q.      Did you vote in the runoff, Mr. Martinez?
    A.      Yes.
    Q.      Did you receive a ballot?
    A.      They sent it through to me through the
mail.     I was there when this lady came in and told
me that if I was going to vote and that there was
going to be something sent to me through the mail.
    Q.      Go ahead.
    A.      Then when I received the envelope for me
to call her.    When I got the envelope then I called
her and she came in I signed the ballots, me and my
wife, Trinidad Martinez, and then she picked up the
ballot.
    Q.      And who was this person?
    A.      Well, I don't know.    I think it's -- well,
I think it's the person that won.        I think it's his
wife.
    Q.      And they took the ballot?
    A.      She picked it up.
    Q.      Both yours and your wife's?
    A.      Yes.    It was just one ballot.
    Q.      But your wife voted, too?
    A.      Yes.
                   MR. PENA:    That's all I have, Your
Honor.
                   MR. HOCKEMA:     Could I briefly
approach the witness, Your Honor?
                   THE COURT:     You may.
                   MR. HOCKEMA:    I might not get as close
as Mr. Pena.       If I can approach.


                     CROSS-EXAMINATION
BY MR. HOCKEMA:
    Q.      Mr. Martinez?
    A.      Pardon me?
    Q.      Mr. Martinez, did you vote in both the
primary election and the runoff election?
    A.      Yes.
    Q.      And do you always vote by mail?
    A.      No.    In the other one we went to vote in
a school.
    Q.      And had you voted by mail before in other
elections?
    A.      Well, practically no.       Well, before I
used to come and vote here.        Well, in this election
they told me to vote, I voted and they told me that
that election was no good.          That those elections
were no good and they were going to take me to vote
over there.
    Q.     They had a runoff election?
    A.     Well, I think so because they took us to
a school there close.    Something with regards to the
veterans here at a school.
    Q.     Okay.    Did you vote in person or by mail
in this election?
    A.     In person.
    Q.     Okay.    So you don't recall in this runoff
election really if you voted by mail or in person?
    A.     Well, when we went to the school we voted
there at the school.
    Q.     Okay.    And, Mr. Martinez, how old a man
are you?
    A.     In November I'm going to be 80.
    Q.     And have you been registered to vote for
some time?
    A.     Yes.    I have my voter's registration
card.
    Q.     And as a voter in Cameron County do you
feel you've done anything illegal that would cause
your vote to be thrown out or that your vote should
be thrown out?
                  MR. PENA:   Object to the form of the
question, Judge.     The witness ought not to be asked
that question, Judge.
                THE COURT:     Overruled.
                THE WITNESS:     Well, I wouldn't know
what to tell you.     Just that I voted for somebody
but I don't know for who because in the first place
I don't know the ones that are running.
    Q.      (BY MR. HOCKEMA)    Okay.   And you think
you voted at a school?
    A.      The second time, yes, I voted at that
school.
    Q.      Okay.
                MR. HOCKEMA:     That's all I have.


                 REDIRECT EXAMINATION
BY MR. PENA:
    Q.      Mr. Martinez?
    A.      Pardon me?
    Q.      Let me show you what are documents that are
labeled pages 429, 430, 431 and 432.        And ask you
is this your signature on the application for a
mail-in ballot?
    A.      Yes, Donato Martinez.
    Q.      So you received a ballot by mail for this
election?
    A.      Yes, a ballot through the mail.
    Q.      Thank you.
                MR. PENA:    That's all I have, Judge.
                THE COURT:     Next witness?
                MR. PENA:     I'm sorry.   Your name,
sir?
                THE WITNESS:     Edmundo Trevino.


                     EDMUNDO TREVINO,
having been first duly sworn, testified through an
               interpreter as follows:
                    DIRECT EXAMINATION
BY MR. PENA:
       Q.   Mr. Trevino, did you --
                THE WITNESS:     Can I leave?
                THE COURT:     Go ahead.
       Q.   (BY MR. PENA)    Your name is Edmundo
Porfirio Trevino?
       A.   Edmundo Porfirio Trevino.
       Q.   And, Mr. Trevino, did you vote by mail in
a runoff election between Mr. Hernandez and
Mr. Pena?
       A.   Well, I don't know.
       Q.   Mr. Trevino, let me show you what I marked
as pages 821, 822, 823 and 820 and ask you is this
your signature on an application to vote by mail?
       A.   Yes, it seems to be.
       Q.   Okay.    And let me show you what is page 823
and ask you is that your signature on this carrier
envelope?
       A.   Yes, I signed the paper.
    Q.    After you signed it, what did you do with
it with the envelope?
    A.    Well, I don't remember.     I signed the
papers.
    Q.    Did someone pick it up?
              MR. HOCKEMA:    Object to leading, Your
Honor.
              THE COURT:     Sustained.
    Q.    (BY MR. PENA)    Do you remember what you
did with the envelope?
    A.    Well, no.   Well, I don't remember.
    Q.    Okay.   Do you remember if you mailed it?
              MR. HOCKEMA:     Asked and answered,
Your Honor.
              THE COURT:     Sustained.
              MR. PENA:    That's all the questions I
have of this witness, Your Honor.
              THE COURT:     Okay.   Next witness?
              MR. PENA:    Maria de Jesus Muniz, Your
Honor.
              THE COURT:     Do you speak English,
ma'am?
              THE WITNESS:     Yes, sir.
              THE COURT:     Okay.
              THE WITNESS:     A little bit.
              THE COURT:     If you need the services
of the interpreter, he is right there to assist you.
                MARIA DE JESUS MUNIZ,
having been first duly sworn, testified through an
               interpreter as follows:
                  DIRECT EXAMINATION
BY MR. PENA:
     Q.   Let me show you what's marked as page 745
and ask you is that your application for a mail-in
ballot?
     A.   Yes, sir.
     Q.   Okay.    And is that your signature?
     A.   Yes, sir.
     Q.   Okay.    And let me show you page 747 and
that is your -- is that your signature on the carrier
ballot?
     A.   Yes, sir.
     Q.   Okay.    After you finished signing it,
what did you do with the envelope?
     A.   I gave it to the lady.      The one she has.
     Q.   Okay.    What's the name of that lady?
     A.   Norma Hernandez.
     Q.   Norma Hernandez.     Thank you.
               MR. PENA:    Pass the witness, Your
Honor.
               THE COURT:     Okay.
               MR. HOCKEMA:     Just couple of
questions, Your Honor.
                 THE COURT:   Yes, sir.


                   CROSS-EXAMINATION
BY MR. HOCKEMA:
    Q.    Ms. Muniz?
    A.    Sir?
    Q.    Did you vote in both the primary election
and the runoff election?
    A.    I guess so.
    Q.    Okay.    And do you remember in the county
judge race who was running in the county judge race?
    A.    Ernie Hernandez.
    Q.    Not just the commissioner's race but the
county judge race between Mr. Wood and Mr. Trevino,
do you remember that?
    A.    Ernie Hernandez.
    Q.    Okay.    You voted for Mr. Hernandez?
    A.    Yes, sir.
    Q.    And do you remember who you voted for
between Mr. Trevino and Mr. Wood?
    A.    I don't know them.
    Q.    You don't remember?
    A.    I don't know them.
    Q.    You don't know them, okay.      Have you voted
by mail before?
    A.    No.     This is the first time.
    Q.    First time?
    A.      Yes, sir.
    Q.      And how old a lady are you, ma'am?
    A.      Fifty.
    Q.      Okay.    And when you voted by mail you
signed both the ballot and the carrier envelope and
did you mark the ballot yourself for the candidate
that you wanted?
    A.      Yes.
    Q.      Okay.    And do you feel that you did
anything wrong or illegal that should cause --
                   MR. PENA:    Object to the form of the
question.    Judge, this puts these people -- he'd
been complaining about my bringing them here, now
he is asking them really inappropriate questions,
Judge.   That's totally your realm.         Object to the
form.
                   MR. HOCKEMA:     I'm asking about her
intent, she voted in the election and we're
attempting to ask her that.
                   MR. PENA:    I don't think the question
of the legality of the vote --
                   THE COURT:     One at a time.
                   MR. HOCKEMA:     He's brought this
contest, Your Honor, that all these votes were
illegal, that these people did something illegal.
                   MR. PENA:    We have already proved
that it's illegal.      Norma Hernandez went to pick it
up who is husband isn't even here.
                  MR. HOCKEMA:     Your Honor, that's
argumentative not an objection.
                  MR. PENA:    I'm objecting to the form.
It's not appropriate for Mr. Hockema to ask these
folks if they think their vote is illegal.         That's
up to you, Judge.
                  THE COURT:     The issue here is the
sanctity of the electoral process and to undermine
people's right to vote.        And I'm going to sustain
the objection with respect to any intimidation on
possibly these folks having been subjecting
themselves to criminal activity.         So sustain the
objection.     Go ahead and rephrase, Mr. Hockema.
    Q.     (BY MR. HOCKEMA)       Ms. Trevino, did you
vote with the intent that your vote be counted?         Oh,
Ms. Muniz.     I'm sorry.
                  MR. PENA:    Get the voter right,
Mr. Hockema.      We'd appreciate that.
                  THE WITNESS:     I don't know.
    Q.     (BY MR. HOCKEMA)      Okay.   Did you register
to vote?
    A.     Yes.    First time.     The first time.
    Q.     Okay.    This is the first time you
registered to vote in this election?
    A.     Yes, sir.
    Q.     Okay.    And as a first time registered
voter did you want your vote to be counted?
    A.     I don't know.
    Q.     Okay.
               MR. HOCKEMA:     No further questions.
               MR. PENA:    Thank you.
               THE COURT:     Next witness.
               MR. PENA:    Porfirio Yanez.


                    PORFIRIO YANEZ,
having been first duly sworn, testified through an
               interpreter as follows:
                   DIRECT EXAMINATION
BY MR. PENA:
    Q.     Your name is Porfirio Yanez?
    A.     Yanez.
               THE COURT:     Do you speak English?
               THE WITNESS:     No.
               THE WITNESS:     Is that it?
               THE COURT:     Yes, sir.   You can be
excused.
               THE WITNESS:     Okay.
    Q.     (BY MR. PENA)    Mr. Yanez, you voted by
mail in this election; is that correct?
    A.     Well, yes.   I don't know if it was a runoff
or not, but if I got it by mail I did.    But I always
by mail.
    Q.     Let me show you what I've marked as
exhibit -- I marked as pages 861, 862, 863 and 864.
Now, is this your signature on page 861?
    A.    Yes.
    Q.    And in this application, Mr. Yanez, did
you fill it out or did Herminia Becerra who is the
assistant fill it out?
    A.    When I had any doubts she would tell me
what.
    Q.    So she would tell you what you fill in?
                 MR. HOCKEMA:     Objection, leading.
                 THE COURT:     Sustained as to leading.
Don't lead the witness.
    Q.    (BY MR. PENA)       Now, let me ask you this,
Mr. Yanez.   How old a gentleman are you?
    A.    Sixty-seven.
    Q.    You look a lot younger.
    A.    Thank you.     I just look it.
    Q.    It's marked here that you're disabled.
You see that?
    A.    Well, just old and sugar.        I have been
dealing with this for 33 years.
                 MR. HOCKEMA:    We would object to line
of questioning, Your Honor.        And we have case law
for the court.     "An absentee voter after the
election cannot be asked to impeach their affidavit
of disability."     Stiller versus Martinez.         We
supplied the case to the court.       It's on 777.    It's
very clear says, an absentee voter may not testify
after an election contrary to facts stated in the
application for an absentee ballot.
                THE COURT:     Okay.   Certainly I felt
that all these were mail-in ballots.        This is a
different situation.    Absentee?
                MR. PENA:    Yes, sir.
                MR. HOCKEMA:    Mail-in was part of the
absentee process.    This case was dealing with
mail-in ballots specifically and it specifically
holds and cites other cases that you cannot ask the
voter to impeach their affidavit of disability after
the election which is what is being done and that's
why we object to it.    We have clearly marked it in
the case law.
                THE COURT:     Yes, sir.
                MR. PENA:    I haven't seen the case,
Judge, but I think the issue here is whether this
voter is entitled to have an application or not.
And to receive -- I think Mr. Ortiz made it very
clear that he got the ballot, that was not their job
to disqualify him because he in fact said that he
was disabled.
                THE COURT:     Okay.   The objection is
sustained.
                MR. PETIT:   Do you have a case for us?
                MR. HOCKEMA:     It's in your notebook
that I gave you last week.
    Q.     (BY MR. PENA)    Now, after you
finish -- well, let me ask you this.        Who checked
the disability mark?
               MR. HOCKEMA:    Same objection, Your
Honor.
               MR. PENA:    It's not --
               MR. HOCKEMA:    He cannot be asked to
impeach.
               MR. PENA:    I don't know if he is going
to impeach himself.
               THE COURT:    Actually, I have already
heard him testify as to his disability.        He's got
a sugar imbalance.     Sounds like diabetes to me.
I'm sustaining the objection.
    Q.     (BY MR. PENA)    After you -- after you got
the ballot, what did you do with the ballot?
    A.     I put it in the mail.     Yes.
    Q.     Now, besides yourself at this address, and
you live at 435 Water Street, correct?        435 Water
street?
    A.     Yes, 435.
    Q.     And at that same address a Graciela Garza
lives; is that correct?
    A.     She's my sister-in-law, but she lives over
here by Southmost.
    Q.     So she's never lived at this address?
    A.     Lived there, no.   She has that domicile,
but she doesn't live there.    She has her own house
in Southmost.
    Q.     And do you know what street that is?
    A.     Otila but I don't know the number.   I told
the other lady that went to drop this off I told her
she lived over there.
    Q.     Okay.   And is that Herminia Becerra that
you told that to?
    A.     Of what?   No.
    Q.     So who did you tell?
    A.     Well, the lady that went with us and told
us -- the lady that went there and told us that we
had to report over here.
    Q.     So but Graciela Garza doesn't live at this
address?
    A.     No, she doesn't live in that domicile.
She gets her mail there because, well, she's my
sister.
    Q.     But she doesn't live there?
    A.     She doesn't live there.
    Q.     Now, Edgar de Jesus Escobedo is also
listed as living at 435 Water Street.     And does
Mr. Edgar de Jesus Escobedo live at this address?
    A.     No.
    Q.     Where does he live?
    A.     He lives in Victoria, Ciudad Victoria.
    Q.      Okay.     And it's marked here that he's
disabled.    Do you know if he's disabled?
    A.      No.
    Q.      How about Gracie Garza, is she disabled?
                   MR. HOCKEMA:    Your Honor, we object.
Asking an opinion about somebody's disability.
                   THE COURT:     Sustained.
                   MR. PENA:    Judge, I think I can ask
him if in fact this lady has a disability that would
prevent her from going to vote.        I mean, that's the
whole point of this substance.
                   MR. HOCKEMA:     I don't know what his
expertise is to determine disability.
                   THE COURT:     Sustained.   Sustained.
    Q.      (BY MR. PENA)       Does Graciela Garza does
she drive?
    A.      No.
    Q.      How old is she?
    A.      She's older than 40.
    Q.      Okay.     And does she walk?
    A.      Yes.
    Q.      Does she have any missing limbs?
    A.      No.     My brother is the one that is
disabled.
    Q.      We'll get to your brother in a minute.
Okay.
    A.      But not her.       She's not disabled.
       Q.   Does she go to H.E.B.?
       A.   Yes.
       Q.   Wal-Mart?
       A.   Well, I think so.     I've never gone with
her.
       Q.   Do you know if anybody needs to help her
to go shopping at H.E.B.?
       A.   Well, she doesn't go alone.    Somebody has
to go with her because she doesn't drive.
       Q.   Other than driving, she can shop and pick
things up, right?
       A.   No.    She's fine.   She's okay.
       Q.   Thank you.    Cruz Yanez also lives at 435
Water Street?
       A.   No.    Well, at first when he came over here
he has always had my mom's domicile, but two, three
years ago he already bought over there in Southmost
but he has never changed his domicile.
       Q.   Do you know what his address is?
       A.   I don't know the exact number, but the
street is Otilia.
       Q.   Is he related to Gracie, Graciela Garza?
       A.   Well, it's husband and wife.       She's my
sister-in-law.      Now my brother he is disabled, but
not her.    Didn't they put there that he is disabled
my brother?
       Q.   Yes.    And so what's his disability?
    A.    He was disabled, well, because his sugar
and his feet were crooked.       And he had an accident
and he had an accident where some ribs were broken.
Well, actually he was reborn.           But it's been like
around four or five years that he has been disabled.
    Q.    Does he drive?
    A.    Yes, he can drive.
    Q.    Does he take his wife to H.E.B.?
    A.    No, his daughter.
    Q.    Okay.    Can he walk?
    A.    Yes.    He's got a walker.
    Q.    All right.
                 MR. PENA:    That's all the questions I
have, Your Honor, of this witness.
                 MR. HOCKEMA:     No questions.
                 THE COURT:     Okay.    Next witness?


               MARIA CARMEN MARTINEZ,
having been first duly sworn, testified through an
               interpreter as follows:
                  DIRECT EXAMINATION
BY MR. PENA:
    Q.    You're Maria Carmen Martinez?
    A.    Yes.
    Q.    And let me show you what I've marked as
pages 253, 254, 255 and 256.        And is this your
application for a mail-in ballot?
    A.     Yes.
    Q.     And this is your signature on page 253?
    A.     Yes.
    Q.     And did you receive a ballot to vote?
    A.     Yes.
    Q.     And is this your signature on the envelope
that you put your ballot in?
    A.     Yes.
    Q.     And what did you do with the envelope after
you signed it?
    A.     I think I have it at home.
    Q.     See, this says that you sent it.
    A.     Well, the person that helped me out with
these.    This was her name is Martha Sheer.
    Q.     Okay.    Did Ms. Sheer help you fill out the
ballot?
    A.     Yes.
    Q.     And after you finished filling it out and
put it in the envelope what did you do with the
ballot?
    A.     Well, being that the one that helped me
took -- well, I think she took it.
                  MR. PENA:    That's all I have, Your
Honor.
                  MR. HOCKEMA:     No questions, Your
Honor.
                  THE COURT:     Next witness.
                 THE WITNESS:     Thank you very much.
They sent me this paper with these $10.
                 THE WITNESS:     Pardon me?
                 THE COURT:     Did you keep the $10?
                 THE WITNESS:     Well, being that I
never received any money just for nothing because
everything I do I do by heart.
                 MR. PENA:    Thank you.
                 THE WITNESS:    Well, there's a law and
we have to, well, it has to be uphold.


                      MS. CONEJO,
having been first duly sworn, testified as follows:
                  DIRECT EXAMINATION
BY MR. PENA:
    Q.    Let me show you what I mark as exhibit 897,
898, 899, and 900.     And ask you is this your
signature on the application for a mail-in ballot?
    A.    Yes.
    Q.    And who helped you fill it out?
    A.    I did it by myself.
    Q.    And then let me show you what's marked as
page number 899.     And is that your signature?
    A.    Yes.
    Q.    And after you finished signing this ballot
what did you do with it?
    A.    I called Margarita and told her for her to
come and pick up my ballot.       And I asked her if she
could come pick up the ballot for me because, well,
I got sick and my knees were not good and I've been
very sick lately.
    Q.    And did she come and pick it up?
    A.    She went to pick it up.
    Q.    When you say Margarita are you talking
about Margarita Ozuna?
                 MR. HOCKEMA:     Object to leading.
                 THE COURT:     Sustained.   Sustained.
    Q.    (BY MR. PENA)       Let me show you page 897.
If you'll look here it says that Margarita Ozuna
signed this and to help you.        Do you see that?
    A.    Well, because she came and picked up my
ballot.
    Q.    And is that who came and picked up your
ballot?
    A.    Yes.    Yes.   Well, she came and picked up
the ballot because I was in bed.
    Q.    Thank you.
                 MR. PENA:    That's all I have.
                 MR. HOCKEMA:     No questions.
                 THE COURT:     Next witness.
                 THE WITNESS:     What did you say?
                 MR. PENA:    That's all.
                 THE WITNESS:     Thank you very much.
So I can keep this?
                   MR. PENA:    Yes.
                   THE COURT:   It might buy you lunch but
probably not.
                   MR. PENA:    A Whataburger.
                   THE COURT:    Next witness.
                   MR. PENA:    Jesus Oscar Salinas.


                   JESUS OSCAR SALINAS,
having been first duly sworn, testified through an
               interpreter as follows:
                    DIRECT EXAMINATION
BY MR. PENA:
    Q.      Mr. Salinas, let me show you what I have
marked as pages 278, 277, and 280, 279 and ask you
is this your signature on the application for a
mail-in ballot?
    A.      Yes.
    Q.      And did you fill this application out
yourself or did someone help you?
    A.      Somebody helped me.
    Q.      Okay.    Do you remember who that was?
    A.      I remember by sight but I don't remember
the name.
    Q.      Okay.    Let me show you page number 279,
this is the envelope when you put your ballot in.
Is that your signature?
    A.      Yes.
    Q.      Now --
    A.      Yes.
    Q.      Now, after you signed this envelope with
your ballot in it, what did you do with it?
    A.      Well, okay, but I want to say something.
    Q.      Sure.
    A.      My problem is and it's very similar to a
lot of us here.      They come and say well, are you
going to vote?      And they tell us, okay, what do you
want to do and you just sign here and when we do and
since we are lazy then we do it.
    Q.      So Mr. Salinas -- I'm sorry.
Mr. Salinas, so after you signed -- well, let me ask
you this.     Did someone help you fill out your
ballot?
    A.      Yes.
    Q.      And who was that?    Do you remember?
    A.      I remember the face.    I just don't
remember the name.
    Q.      What did that person look like?
    A.      Dark skin, dark skin, very well dressed,
very well presented and it's like he just robs us
of our trust.
    Q.      And after you put your ballot in the
envelope, did he take the envelope from you?        Did
he take it?
    A.      Yes.
               MR. PENA:    That's all the questions I
have Your Honor.
               MR. HOCKEMA:     No questions, Your
Honor.
               THE COURT:     Next witness.
               THE WITNESS:     Thank you.
               MR. PENA:    Your Honor, let me move
down here to these two witnesses.
               THE COURT:     That's fine.
               MR. PENA:    Let me sit over here then.


                    ELISA MEDRANO,
having been first duly sworn, testified as follows:
                  DIRECT EXAMINATION
BY MR. PENA:
    Q.    You are Ms. Medrano, Elsa Estella?
    A.    Elisa.
    Q.    Elisa, I'm sorry.     Let me show you what
I've mark as pages 717, 718, 719 and 720 and ask you
is this your signature on the application for
mail-in ballot?
    A.    Yes, it is.
    Q.    Let me finish.    Is this your signature on
the application for mail-in ballot?
    A.    I thought all of this was private.
    Q.    It's public information.
    A.    It's public information?
    Q.      Yes, ma'am.    Now, let me show you this
other page this is page 719, okay, and this is the
envelope that you put your ballot in, okay?     And is
that your signature?
    A.      Yes, it is.
    Q.      Okay.    And after you signed it, after you
put your ballot in the envelope what did you do with
the envelope?
    A.      I gave it to him.
    Q.      You gave to it your husband?
    A.      And I mailed it.


                     ROGELIO MEDRANO,
having been first duly sworn, testified as follows:
                    DIRECT EXAMINATION
BY MR. PENA:
    Q.      And you are Rogelio Medrano?
    A.      Yes, sir.
    Q.      And, Mr. Medrano, this is your signature
on the application?
    A.      Yes, sir, it is.
    Q.      Okay.    And that's your signature on the
envelope?
    A.      Yes, sir.
    Q.      Okay.    And you got your wife's ballot?
    A.      I put them in the mailbox.
    Q.      You put them in the mailbox?
    A.      Hers and mine.
    Q.      Well, let me ask you a few questions on
yours.     Now, did you need assistance to fill out
your application?
    A.      No.
    Q.      Then why is Norma Hernandez's signature on
this application that says that she assisted you in
filling out the application, sir?          You don't know?
    A.      No, I don't because --
    Q.      Do you know Norma Hernandez?
    A.      Yes.
    Q.      You know her?
    A.      Yes.
    Q.      Did she come and ask you to fill this out
and she helped you because she signed it here.
    A.      No.    She signed it but she didn't help me.
    Q.      She didn't help you?        Then why would she
sign it?
                   MR. HOCKEMA:     He doesn't know.   He
couldn't answer that.
                   THE COURT:     Sustained.
                   THE WITNESS:    Filled them out we put
them in the envelope.
    Q.      (BY MR. PENA)       Okay.   Now when you --
    A.      I mailed them.
    Q.      When you got the ballot, did Ms. Hernandez
come help you decide who to vote for?
       A.   No.
       Q.   You voted on your own?
       A.   Yes, sir.
                  MR. PENA:    That's all the questions I
have.
                  MR. HOCKEMA:     No questions, Your
Honor.
                  THE COURT:     Okay.    Of either one?
                  MR. HOCKEMA:    Well, I think he called
Ms. Medrano and then proceeded to question both
Mr. Medrano and I don't think we got the name of
Mr. Medrano as a witness.
                  MR. PENA:    Rogelio Medrano, Your
Honor.
                  MR. HOCKEMA:    Just for the record the
second witness for the record was Rogelio Medrano.
                  MR. PENA:    That's on pages 721, 722,
723.
                  THE COURT:     Mr. and Mrs. Medrano,
you all may be excused.
                  THE WITNESS:     Thank you.
                  THE COORDINATOR:       We are ready to
switch court reporters, Judge.
                  THE COURT:     That's fine.    We are
going to -- another court reporter is here so stand
by.     We are going to take about a five minute break
so that the court reporters can switch out.
(Morning session concluded)
THE STATE OF TEXAS:
COUNTY OF CAMERON:
           CERTIFICATE OF COURT REPORTER
      I, MICHELLE CARDENAS, Official Court Reporter
in and for the 138th Judicial District Court of
Cameron County, State of Texas, do hereby certify
that the above and foregoing contains a true and
correct transcription of all portions of evidence
and other proceedings requested in writing by
counsel for the parties to be included in this volume
of the Reporter's Record, in the above-entitled and
numbered cause, all of which occurred in open court
or in chambers and were reported by me.
      I further certify that this Reporter's Record
of the proceedings truly and correctly reflects the
exhibits, if any, admitted by the respective
parties.
      WITNESS MY OFFICIAL HAND on this the 4th day of
June, 2010.

                             MICHELLE CARDENAS, CSR,
RPR
                             Official Court Reporter
                             138th District Court
                             974 East Harrison Street
                             Brownsville, Texas
78520
                             (956) 550-1489
                             Certificate No. 5873
                             Expiration Date:
12/31/11

				
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