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3/26/2018 1:24 PM
1 CIT/ ESERVE Kayla Buckely


Contestant §
Dallas County Democratic Party Chair, § DALLAS COUNTY, TEXAS
Carol Donovan,
Elections Administrator,
Toni Pippins Poole,
Dallas County District Attorney,
Faith Johnson,
John Doe, John Doe Corporation


To the Honorable Judge of this court:

Contestant, ELIZABETH FRIZELL files this petition, complaining of Contestee, JOHN

CREUZOT, Dallas County Democratic Party Chair, Carol Donovan, Elections Administrator,

Toni Pippins Poole, Dallas County District Attorney Faith Johnson, John Doe, John Doe

Corporation and for cause of action respectfully shows:

1. Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, plaintiff intends to conduct

discovery in this case under Level 2.

2. At all times mentioned in this petition, contestant, Elizabeth Frizell, was an individual

residing in Dallas County, whose mailing address is 5787 S. Hampton Road Suite 230-B Dallas,

Texas 75232, Dallas County, Texas.

3. Contestee, John Creuzot, resides in Dallas County and Contestee’s mailing address is
3333 Lee Parkway, Ste. 600 Dallas, Texas 75219, Dallas County, Texas. Contestee, Carol

Donovan resides in Dallas County and Contestee’s mailing address is 4209 Parry St., Dallas,

Texas 75223. Contestee, Toni Pippins Poole resides in Dallas County and Contestee’s mailing

address is 2377 N. Stemmons Frwy, Ste. 820, Dallas, Texas 75207. Contestee, Faith Johnson,

resides in Dallas County and Contestee’s mailing address is Frank Crowley Criminal Courts

Building, 133 N. Riverfront Blvd., LB 19, Dallas, Texas 75207. John Doe lives in Dallas

County, John Doe Corporation is located in Dallas County. Contestant requests leave of court to

amend the Petition for Election Contest to add necessary additional parties prior to the date of


4. Contestant brings this action pursuant to Section 221.003(a)(2)(A) of the Texas Election

Code to contest the results of the Dallas County Democratic Primary Election held on March 6,

2018, to select District Attorney of Dallas County for which contestant and contestee were the

Democratic Party's only candidates for nomination.

5. This court has original and exclusive jurisdiction of this contest pursuant to the Texas

Election Code, Sec. Chapter 221.002

6. Contestant alleges that ineligible, illegal and fraudulent mail in ballots were included in the

vote total for contestee that would have changed the Dallas County Election Commission’s final

vote total of 56,645 for John Creuzot and 56,056 votes for Elizabeth Davis Frizell which left a

589 vote difference in the total count.

7. Contestant alleges that some voters voted by provisional ballots because someone submitted

mail in ballots for them. These voters’ provisional ballots were rejected by the Ballot Review

Board and not counted.

8. Contestant alleges that some voters were unable to vote in the Primary Election because

someone had previously submitted a mail in ballot for them and they did not vote by provisional

ballot and were deprived of their right to vote.

9. Contestant alleges that during the counting process, ballots were not secured.

10. Contestant alleges that votes were included in the total count that were not postmarked by

Election Day March 6, 2018.

11. Contestant alleges that mail-in ballots were counted that did not have a known chain of


12. Contestant alleges that the results of the election for Dallas County District Attorney are

not accurate due to ballots being rejected that should have been counted for Contestant and

ballots being accepted for Contestee that should have been rejected by the Ballot Review Board

appointed by the Democratic Party Chair.

13. Contestant alleges that ballots were illegally harvested by campaign workers of Contestee.

14. Contestant alleges that several voting machines at polling locations malfunctioned and

were no longer usable, creating long lines and delays in voting for several hours. The delays

caused voters to leave polling locations without voting.

15. In accordance with Section 4.007 of the Texas Election Code, Dallas County and the

Dallas County Elections Administrator gave notice that the General Election was to be held in

Dallas County, Texas, on March 6, 2018 and caused the notice to be printed and circulated

publicly, setting forth the information required. This notice stated that several polling locations

would be open in Dallas County, where residents of those precincts had voted for a number of
years. On the day preceding the election, March 5th, the Dallas County Elections Administrator,

Toni Pippins Poole, contacted the Democratic Party Chair, Carol Donovan, advising that the

election could not be held at the locations as set forth in such notice, as there were not enough

election judges requiring several polling locations to be combined. Ms. Pippins Poole therefore

requested that the Dallas County Democratic Party Chair issue an order designating different

voting locations, as the official voting location for voters residing in such voting precincts.

Inadequate notice of such change in locations was published and inadequate or no signage was

provided at the published locations regarding the change.

Contestant on information and belief, alleges that as a result of the change in polling-place

locations, duly and legally qualified voters were deprived of their right to vote and those voters

would have cast their ballot in favor of contestant.

As a result of the matters set forth above, contestant challenges the validity of the March 6, 2018

election results and alleges that the outcome of the election was affected by preventing eligible

voters from voting in violation of Section 221.003(a)(2)(A) of the Texas Election Code, and that

in the absence of such errors or fraud, a different and correct result would have been obtained in

the election. Accordingly, the election in question did not express the will of the electorate, and

should be declared void under the terms and provisions set forth in Section 221.003 of the Texas

Election Code.

Prayer for Relief

Therefore, contestant respectfully requests:

1. That this cause be set for trial and given precedence over all other causes as provided by law;

2. That notice of the filing of the petition, notice of the hearing date and citation be given by the

Dallas County District Clerk’s Office to all parties and the final canvassing authority, Carol

Donovan, the Dallas County Democratic Party Chair at 4209 Parry St., Dallas, Texas 75223, the

original canvassing authority, the Dallas County Election Administrator, Toni Pippins Poole at

2377 N. Stemmons, Frwy., Ste. 820, Dallas, Texas 75207, the Dallas County District Attorney,

Faith Johnson at Frank Crowley Criminal Court, 133 N. Riverfront Blvd., 11th fl., Dallas, Texas

75207, the Texas Secretary of State, Election Division at 1019 Brazos St., Austin, Texas 78701

and Contestee, John Creuzot at 3333 Lee Pkwy, Ste. 600, Dallas, Texas 75219.

3. That the court order the ballot boxes containing the ballots from all precinct voting boxes, now

in the care, custody and control of the Dallas County Elections Commission and the Dallas

County District Attorney’s Office be made available for review, inspection and copying by

Contestant on a date set by this court prior to trial of this contest and at such time produce the

same copies for this court, together with a copy of the election returns, mail in ballots, mail in

ballot applications, mail in ballot courier envelopes, list of voters, and poll list of such election;

4. That due to a conflict of interest of the District Attorney being a candidate in the race being

contested, a special prosecutor be appointed to provide the discovery requested in this petition

and to represent the District Attorney’s Office in this case.

5. That the election be declared void as it is impossible to ascertain the true results;

6. That an order issue for a new election for the contested office pursuant to Section 232.041 of

the Election Code; and

7. That the court grant an injunction against the Dallas County Democratic Party certifying the

election results.

8. For costs of this action and for all general and equitable relief to which contestant may be


Respectfully submitted,


5787 S. HAMPTON RD., STE. 230-B
Tel: 469-804-4048

By: /s/ Elizabeth Davis Frizell

State Bar Number: 00785808


Under Texas Election Code, Section 232.009 (d) notice of the petition for election contest is
required to be given to the final canvassing authority for the election, Democratic Party Chair,
Carol Donovan, 4209 Parry St. Dallas, Texas 75223. I hereby request that citation issue
including a statement directing the officer receiving the citation to return it unserved if it is not
served within 20 days after the date of issuance.