A fight over who should be the Republican nominee for Hood County’s district clerk in November ended up in court Wednesday, after interim District Clerk Roberta Zamarron sued the party for choosing Melanie Graft as their candidate instead of her.
Zamarron wanted a judge to boot Graft from the ballot and declare Zamarron the GOP nominee.
The fight ended Wednesday with visiting Judge Graham Quisenberry denying Zamarron’s request, meaning Graft remains the Republican party’s nominee for the November 5 election.
“I’m so happy it’s over,” Hood County Republican Party Chair Greg Harrell told Texas Scorecard after the judge ruled he and the party followed the law when choosing Graft as their district clerk candidate.
Harrell was a defendant in the lawsuit along with the party, Graft, and Hood County Elections Administrator Stephanie Cooper.
“This is a win for all of us,” said Graft, who was not able to be in the courtroom. “Had they won, it would affect all of our freedom. Because if they don’t like the results of an election, they can just sue.”
Zamarron was appointed temporarily to the position by District Judge Bryan Bufkin when longtime District Clerk Tonna Newman died in February.
A permanent replacement to fill the remainder of Newman’s term—through the end of 2026—must be elected by voters.
Because the deadline for the March primary had passed when the vacancy occurred, each party’s executive committee—made up of locally elected precinct chairs—selected a nominee for the November ballot.
During a June 26 meeting, HCRP executive committee members chose between Zamarron and Graft, who was a precinct chair at the time.
The first vote ended in a 7-7 tie; a second vote went to Graft 8-6.
Zamarron filed a lawsuit August 2 claiming the vote violated HCRP bylaws and state election laws because Graft voted alongside other precinct chairs.
Three HCRP precinct chairs joined Zamarron as plaintiffs in the suit: Robert Granger (Precinct 112), Mark Jackson (Precinct 404), and Brad Yarborough (Precinct 409).
The lawsuit argued Graft’s participation in the voting process violated Texas election law, which prohibits individuals from serving as both an officer of a political party (such as a precinct chair) and a holder of or candidate for “an elective office of the federal, state, or county government.”
The plaintiffs also claimed Graft’s participation violated HCRP’s bylaws, which prohibit people from serving as precinct chairs while they hold elected office, or are candidates for office, “at the county, state, or federal level.”
Graft currently serves on the Granbury Independent School District board of trustees but is not running for re-election to that position.
In court Wednesday, which was filled with supporters on both sides, attorneys questioned Harrell, Yarborough, and Jackson.
Harrell maintained that the nominating process was fair.
“My job was to execute the process, and I did it correctly,” Harrell told the plaintiffs’ attorney, Ryan Taylor.
Harrell testified that he called the nominating vote “as quickly as possible” in order to “put behind division” and bring the party together around the chosen nominee.
Yarborough testified that he had raised concerns to Harrell about Graft’s eligibility before the vote on a nominee, then clarified that he had asked if she would be allowed to vote but did not object to Graft participating in the vote, either during the meeting or afterwards, until sending a letter to Harrell on July 23.
Jackson testified that he did not believe Graft was eligible to vote for a nominee but also admitted he did not object during the meeting.
In closing, Taylor argued that Graft’s vote—presumably for herself—in the first round of voting that ended in a tie should be thrown out, making Zamarron the winner.
Taylor claimed that a school board trustee is a “county” official. He also asserted that having her name put forward to the executive committee as the party’s possible nominee made Graft a “candidate” under state law. He argued that either would have made her ineligible to vote.
Attorney Eric Opiela, who represented the party and Harrell, noted that trustees of independent school districts have not been considered “county officials” for 30 years. Taylor’s 100-year-old references were from a time when counties operated school districts.
Opiela cited more recent cases specifically stating that school board trustees—who are chosen in local elections that do not involve party primaries—do not hold an office of county or state government.
He also argued that per state election law, Graft only became ineligible to serve as a precinct chair—and thus vote for a district clerk nominee—once she became the nominee.
“Graft had not only the ability, but a duty to participate in the vote,” Opiela told the judge.
Texas Election Code states that a person is not a nominee until they receive the party’s vote. This is a political decision made by the party. Plaintiffs want the court to substitute its judgment for the party’s.
Opiela submitted an email from the Texas Secretary of State Elections Director Christina Adkins to Harrell, affirming the HCRP’s understanding of the law.
Taylor objected to having the document submitted as evidence. He questioned Adkins’ credentials as an expert in Texas election law and asserted “this court decides what the law is,” but Quisenberry overruled his objection.
“There was no illegal vote,” emphasized attorney Donna Davidson, who represented Graft. “Only after a majority vote by the CEC was Graft a candidate.”
Facing an August 24 deadline for the elections administrator to put a name on the ballot, the judge ruled immediately.
“I call it like I see it,” Judge Quisenberry said after hearing from both sides.
Quisenberry noted that the subject matter of the case was “a political issue” and added, “The last thing you want me to do is make a political ruling.”
He said, “You have to follow the law whether you like it or not.”
Based on the law and facts presented, the judge denied Zamarron’s demands, leaving Graft the Hood County GOP’s nominee for district clerk.
Graft, a conservative Christian elected to the Granbury ISD school board in 2021, has been the target of attacks from an established network within the GOP, including several other trustees and Superintendent Jeremy Glenn. The publisher of the local newspaper also questioned the party’s selection of Graft.
Harrell said with this divisive episode behind them, it’s time to bring the party together to elect Republicans in November.
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