Appeals court keeps Cherokee Co. candidate on ballot - KYTX CBS 19 Tyler Longview News Weather Sports

Appeals court keeps Cherokee Co. candidate on ballot

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Cherokee County (KYTX) -

Current County Court at Law Judge Kelley Peacock went to an appeals court hoping to force Janice Crosby Stone off the ballot in that race for not being a legal resident in Cherokee County. Peacock's attempt was unsuccessful.

The Texas 12th Court of Appeals was clear this week--denying Peacock's motion to drop Stone from the ballot.

In her first interview since the political dust-up, Stone said Peacock was off base.

"I think that it was a frivolous action to begin with," Stone said. "And I'm just glad to have that behind me."

Peacock said she still believes Stone is ineligible.

"My number one job is to uphold the integrity of the Court at Law," Peacock said.

Peacock filed a detailed case.

There was the ballot application requiring stone to have lived in Cherokee County for two years, seemingly at odds with Stone's homestead exemption on a Williamson County property and Stone's renewal of notary public privileges listing Williamson as her county of residence in late 2012.

"Why is it when she filed a sworn document under the penalty of perjury did she list William County as her county of residence if she was in fact a Cherokee County resident?" Peacock said.

"I have been back in Jacksonville since June of 2011," Stone said. "That's when I re-established my residence."

Peacock's argument extended to voting--most recently in November of 2012. Stone's vote was cast in Williamson County and her registration stayed there until December of 2013.

"I believe the voters in Cherokee County are smart enough to see what's really going on here," Peacock said.

Stone said it's a case of life looking different on paper.

"The Court of Appeals has looked at all of those [issues] and dismissed them," Stone said. "So those are not issues in this race at all."

After 30 years at her Williamson County law firm, Stone is hoping to beat Peacock on experience. Peacock hopes 8 years in Cherokee County counts for more.

Peacock said she still thinks she could make and win a case against Stone in Cherokee County's district court, with the caveat being that the March primary is now too close to allow time for that.

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