The Herald-Zeitung

State Representative Nathan Macias has ended his effort to challenge his defeat in the March 4 primary election, conceding the race to Edwards Aquifer Authority Chairman Doug Miller.

With his case scheduled to go to trial on Monday, the legislator dropped his lawsuit to contest the election results at the last minute, filing a notice of non-suit in district court on Friday.

Macias had sought to overturn his 17-vote defeat to Miller in the election and ensuing recount.

“As you can imagine, to try any case in the court system is not only a matter of the facts or truth, but also includes matters judgment, matters of procedure and quite frankly resources,” said Macias in a Friday press release. “So my family and I have determined it best for all parties involved to no longer pursue this election in the courts.”

With a Republican nominee in place after more than three months of recounts and litigation, Miller now will face Democrat Daniel Boone in the November general election.

“I’m elated,” Miller said. “It’s been a long process. I think people were tired of hearing about the Republican primary. On behalf of all the voters in District 73, I’m glad this is over.”

The incumbent’s lawsuit claimed a number of factors had led to the election results being invalid, including illegal double-voting, clerical errors by election officials and possible fraud across the four-county district.

Macias said in the release that an ongoing criminal investigation is being done by the state attorney general’s office to determine if anything illegal took place on election night.

“After awhile I felt like had to defend the people of District 73,” Miller said. “They’re good people. Nobody cheated or did anything illegal.”

Prior to dropping the lawsuit, Macias had spent the last month trying to fight the appointment of visiting District Judge James Clawson to his case. After being denied by both the 207th District Court and the Texas Third Court of Appeals, the Supreme Court of Texas ruled Tuesday that Clawson would remain as the presiding judge.

Macias’ release suggested he believed that Clawson likely would have ruled in Miller’s favor.

“With the Supreme Court denying our request for a new judge and understanding the potential for this litigation to cost hundreds of thousands of dollars, only to have a judge rule against the facts, is not my idea of a good investment,” Macias’ release stated.

Miller won on election day by a 38-vote margin.

The final voting totals following the recount gave Miller a slight edge, with 14,684 votes to Macias’ 14,667.

“I’d like to thank the people of District 73 for their support during the election and especially during the recount and election contest process,” Miller said. “I look forward to the election in November and hopefully representing the good people of District 73.”