A Democratic challenger for Falls County Attorney withdrew from the March primary Friday, conceding she missed the deadline to transfer her voter registration and is ineligible to run.
DeAndrea Petty’s decision came 24 hours after five-term Falls County Attorney Jody Gilliam wrote a letter to Falls County Democratic Party Chairwoman Charleen Prince challenging her eligibility and demanding that Prince remove Petty from the primary roster.
Petty, 29, who has a law office in Waco, said Friday on a Facebook video post that while she agrees she is disqualified from the primary, she intends to run a write-in campaign against Gilliam in the November general election.
Petty did not return calls Friday to her office or cellphone. Prince also did not return calls to her home.
“I don’t know Ms. Petty because she does not handle felony cases and is rarely in our courtroom as she has handled less than 10 misdemeanors over a two-year period,” Gilliam said. “My challenge to her eligibility is not the least bit personal but is a matter of legal principle.
“As county attorney, I take great caution to know the law and follow the law. What we do as prosecutors is important on many different levels. We protect the rights of victims and those of the accused, as well. We make decisions that greatly affect the lives of others. We try not to make hasty decisions, but to make decisions based on a thorough understanding of the law.”
Petty changed her voter registration from McLennan County to Falls County in November. The Texas Election Code requires 30 days before a person’s voter registration becomes effective.
Falls County voter records show Dec. 19 as the “effective date” on which Petty will be a lawful voter in Falls County, 10 days beyond the Dec. 9 deadline to file for office.
If Petty had not voluntarily withdrawn from the race or if Prince declined to remove her, Gilliam was prepared to seek an order from Waco’s 10th Court of Appeals directing Prince to declare her ineligible.
Gilliam’s letter to Prince states the Texas Election Code defines “registered voter” as a person registered to vote in this state whose registration is effective. Once a person files a voter registration application, 30 days must pass before that person’s registration becomes effective, according to the Texas Election Code.
A candidate for county attorney and other offices must be a registered voter in the county in which they are running.
Petty, who serves as Marlin city attorney, said this week that Marlin is her primary residence, although she said she splits time living with her mother in Waco and her grandmother in Marlin.
“Being a native of Falls County, I am coming back home,” she said. “I prayed about it and I felt like God was leading me to make a difference in my community. The city is changing and the county is changing for the best and I felt God called me to have a part in that.”
Gilliam, 63, is seeking a sixth term in office and said she loves what she is doing.
“I have worked hard, but I still have work to do,” she said.
— WACOTRIB