On Friday, a judge rejected an emergency push to knock Martinez out of the race over a residency dispute, ruling that the request came in too late for such drastic, last-minute action. With early voting already underway and ballots mailed, the court kept Martinez’s name on the ballot but sent the matter on to a full injunction hearing, keeping the legal fight very much alive.
Garza Cites Mailed Ballots and 'Compelling' Evidence
Judge Nicole Garza said the timing of the emergency request weighed heavily in her decision, noting that early voting ballots had already gone out. That reality, she indicated, cut against pulling Martinez from the ballot on an emergency basis.
Garza still did not minimize what she heard in court. She described the evidence presented as “compelling” and ordered the case forward to a full injunction trial, according to KABB/FOX San Antonio.
Lawsuit Centers on Where Martinez Actually Lives
At the heart of the lawsuit, incumbent Judge Carlo Key argues that Martinez and her family really live in Floresville, in neighboring Wilson County, not in Bexar County where she is running. Key’s filing points to property records for a Floresville home the family bought in late 2024, and to investigator surveillance, including drone footage, that shows the family at that address.
Martinez has pushed back on that narrative. She maintains that she and her children live in a manufactured home on her parents’ property in south Bexar County and cites voter registration and mail records that list a Bexar County address. Those competing claims were detailed by KSAT Investigates.
What the Law Requires and Why Timing Matters
State law adds another wrinkle. Under Texas Election Code Section 172.058, if a candidate is declared ineligible after the regular filing deadline, that candidate’s name still has to appear on the primary ballot and any votes cast still count. If that candidate ends up winning the nomination, the party’s executive committee is then allowed to choose a replacement nominee for the general election ballot.
That framework helps explain why judges are often hesitant to tinker with ballots once voting has started. The statute effectively shifts the fallout from late disqualifications to the political parties, which are left to pick a successor if voters nominate someone who is later ruled ineligible.
What’s Next in the Case
After Friday’s ruling, Martinez’s attorney, Miguel Ortiz, said the case will now be sent to Judge Sid Harle for the next phase of proceedings. Key, for his part, said he had been hoping for a faster resolution with the primary looming, according to KABB/FOX San Antonio.
A full injunction hearing is expected to be set on a quick timetable ahead of the March 3 primary. The San Antonio Express-News notes that no Republican filed to run for County Court at Law 14, a factor that makes the Democratic primary outcome especially pivotal.
As the calendar tightens, voters and party insiders will be watching closely to see how the court weighs the surveillance footage against residency documents and paperwork that each side insists tells the real story of where Martinez lives.
