Presidio
Fernando Juarez, who was in a May 26 runoff with Jesus “Junie” Herrera for Precinct 2 Presidio County Commissioner, has withdrawn from the race after discovering it is prohibited by law for a federal law enforcement employee to run for a partisan office.
Juarez said that when first ran for the seat in the Democratic primary he was not employed by the federal government. A retired Border Patrol officer, he went back to work with the Homeland Security Investigations and didn’t realize that the U.S. Hatch Act does not allow federal officers to run in partisan races, including for Commissioners Court. Anyone can file a complaint with the U.S. Office of Special Counsel for violations of the act. Typically, the office will go to the employee and give them the choice of withdrawing from races or being terminated.
Herrera had defeated Juarez in the March primary 211-167, but since neither candidate achieved more than 50% of the votes (with incumbent Margarito Hernandez also in the race), the two were set for a runoff. Juarez, who serves on the Presidio City Council, is married to the new Presidio County Democratic Party chair, Irma Juarez.
Since ballots have already been printed and mail-in ballots may have gone out to those requesting them, it’s unclear what the ramifications will be for the actual election process. Big Bend Sentinel reached out to local election officials but did not immediately get a response to a request for comments.
Contacted by phone on Tuesday, Herrera had not “officially” received word that Juarez withdrew, so he said he would continue on with his campaign until hearing what may happen next.