Vela v. State

OPINION

YOUNG, Justice.

This is an appeal from an election contest and quo warranto proceeding which were consolidated for trial. On April 1,1978, the City of Hidalgo, Texas conducted a general election for the office of Mayor. The votes were canvassed and Eduardo Vela, the incumbent, was declared the winner by a one vote margin over Enedina Garza. On April 28, 1978, Ms. Garza filed an election contest in the District Court of Hidalgo County, and served Vela with notice. Vela, as con-testee, did not file a bond under Tex.Election Code Ann. art. 9.09 (1967)1 within 20 days of notice.

But, on May…