The Texas 5th Court of Appeals in Dallas has denied a petition seeking to force precinct-specific voting procedures for the upcoming May 26 Republican primary runoff election, ruling that the court did not have jurisdiction to grant the requested relief.
The case was brought by Barry Wernick, a Dallas County Republican precinct chair and candidate for the Dallas County Commissioners Court. Wernick sought to enforce what he described as a prior agreement made in December between then-Dallas County Republican Party Chair Lt. Col. Allen West and Dallas County Election Administrator Paul Adams. That agreement related to the use of precinct-specific voting on election day.
The dispute stems from voting procedures used during the March 3 primary election, when Dallas County implemented precinct-level voting. That system led to reported confusion among approximately 13,000 voters who went to incorrect polling locations. In response to the issues, a Dallas County judge initially ordered polling places to remain open until 9 p.m. on election day. However, Texas Attorney General Ken Paxton later successfully petitioned the Texas Supreme Court to halt the extended voting hours and require separation of the affected votes.
Following the primary, Dallas County Republican Party officials announced on March 17 that the runoff election scheduled for May 26 would revert to countywide voting rather than precinct-based voting. The runoff includes a high-profile Republican contest between U.S. Senate candidate Ken Paxton and incumbent U.S. Sen. John Cornyn.
On March 18, Allen West and Paul Adams executed an amendment to the county’s election services agreement reflecting the decision to return to countywide voting for the runoff election. Court filings indicate that Wernick challenged this amendment, arguing that West did not have the authority to approve a change to countywide voting on behalf of the party and that the Republican county executive committee did not approve the modification.
The appellate court’s memorandum opinion focused on whether Wernick had legal standing and whether the court had authority under the Texas Election Code to intervene in the dispute. The court concluded that Wernick did not meet the requirements for standing, finding that he was not in the proper legal position to seek enforcement of the alleged agreement.
The court also determined that the underlying election services contract was executed between the county election official and the county party leadership acting through its chair and executive structure. As a result, Wernick was considered a non-party to the agreement and therefore lacked the legal capacity to enforce its terms.
Under Texas Election Code provisions governing primary election administration, county party chairs are authorized to enter into agreements with county election officials for the conduct of primary and runoff elections, including service arrangements and cost agreements. The court found that authority in this case rested with the party’s designated leadership structure rather than individual precinct officials.
The ruling leaves in place the current plan for countywide voting in the May 26 Republican runoff election. The decision also comes after Allen West resigned as Dallas County Republican Party chair on April 15. In his resignation, West cited ongoing internal disputes related to precinct-based voting and reported political and personal pressure surrounding election administration decisions.
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