## Facts

- A political party entered a 2017 license agreement with a city-controlled local government corporation to use a municipal convention center for its July 13–18, 2020 state convention.
- In early July 2020, the licensor terminated the agreement by letter, citing a contractual force majeure clause and worsening local COVID-19 conditions.
- The party sued the licensor and the city in district court for declaratory and injunctive relief, including a temporary restraining order, temporary injunction, and specific performance.
- After a brief, nonevidentiary hearing, the trial court denied a temporary restraining order and set a temporary-injunction hearing for July 13, 2020.
- The party then sought an original writ of mandamus in the state supreme court under Texas Election Code § 273.061 to compel the city and licensor to perform obligations connected to holding the convention.

## Issues

1. Whether Texas Election Code § 273.061 authorized mandamus to compel performance of a “duty imposed by law” when the asserted obligation to provide convention-center access arose solely from a license agreement.
2. Whether the court could reach contract, force majeure, or constitutional-claims merits absent a qualifying “duty imposed by law” under § 273.061.

## Decision

- The court dismissed the mandamus petition for want of jurisdiction.
- The court held the party failed to identify a “duty imposed by law” enforceable under § 273.061 because the obligation at issue was contractual.
- The court declined to decide whether the termination breached the agreement, whether force majeure applied, or whether the cancellation violated associational or assembly rights, leaving such matters to ordinary trial-court litigation.
- A dissent would have construed § 273.061 more broadly to permit relief or merits review in the election-cycle context.

## Legal Principles

- Texas Election Code § 273.061 authorizes mandamus only to compel performance of a “duty imposed by law” in connection with an election or political party convention.
- For § 273.061, a “duty imposed by law” is limited to duties arising from a constitution, statute, city charter, or city ordinance, not obligations created solely by contract.
- The court’s special election-related mandamus jurisdiction cannot be used to enforce contractual venue rights, even when the contract is closely connected to a political party convention.

## Conclusion

The court held it lacked mandamus jurisdiction under Texas Election Code § 273.061 to compel access to a convention facility because the asserted obligation was contractual rather than a duty imposed by constitution, statute, charter, or ordinance, and it dismissed the proceeding without reaching contract or constitutional merits.


In re Republican Party of Tex., No. 20-0525, 2020 WL 4001050 (Tex. July 13, 2020)