Kelly tells GOP he can’t act on Walther before votes are counted; court hires outside lawyers

Kerr County Judge Rob Kelly told the Republican Party’s lawyer Thursday that state law bars him from acting on Jeremy Walther’s eligibility until the votes are counted. Commissioners’ Court then voted 4-1 to hire outside counsel. Pct. 2 Commissioner Rich Paces cast the lone no vote.

“The legislature, in its wisdom, has ordered me not to do anything until we have the votes,” Kelly said during the tense special meeting. “I’d be violating the law if I did.”

Paces and the Kerr County Republican Party argue that Walther’s vote in the May Republican runoff makes him ineligible to run as an independent. Walther says the law doesn’t apply, because the Pct. 2 race wasn’t on that ballot. Paces did not recuse himself. He spoke first, calling Walther’s certification “a very serious oversight” that “wronged the voters of Precinct 2” and “wronged me.”

GOP attorney James E. “Trey” Trainor III told the court he saw no “threat of litigation,” despite having sent Kelly a demand letter with a deadline and a draft lawsuit. Under questioning, Trainor said the canvass after the election is “the only legal mechanism that you have left available to you.” He said he advised the party to notify the judge “in the most severe terms” to draw “a maximum amount of public attention on the issue.”

“Why didn’t you pick up the telephone and call me?” Kelly asked.

When Trainor said Kelly’s criticism showed “a complete disregard for the rule of law,” Kelly replied, “That’s garbage.”

By the end of the meeting, Trainor said the court’s commitment to address the issue at the canvass “does everything I want to do.”

Walther remains on the ballot, and votes for him will be counted. If he wins, the court will consider his eligibility at the canvass, about a week after the election.

Early voting runs through Oct. 30. Election Day is Nov. 3.

Disclosure: Walther owns Pint & Plow Brewing Co., which hosted The Lead Live for five years before the show moved to the Peterson Health Digital Studio in September. Walther’s campaign recently bought $700 in advertising in The Lead’s newsletters.