Conflicts have arose during the first week of early voting, which have left Kleberg County Clerk Leo Alarcon and Pct. 4 Commissioner Romeo Lomas in a dispute over posted marker signs outside the county courthouse delineating where a candidate can campaign outside of the early voting sites.

According to a state law, a candidate cannot loiter or campaign within 100 feet of an outside door through which a voter may enter the building where a polling place is located.

According to Commissioner Lomas, on Wednesday he visited his daughter, district clerk candidate Crystal Lomas, outside on the northwest side of the courthouse where she and his wife were sitting with campaign signs.

“I came out here to bring my wife and daughter some water when I saw that they were so far away from the 100 ft. marker,” he said.

“I noticed that there were two different signs posted, one where the 100 ft. marker should have been, and another across the street on the lawn of the Kleberg County Juvenile Probation Department on Yoakum Avenue, both on the north side of the Kleberg County Courthouse,” Lomas said.

“I wanted to make sure that the signs were posted correctly, so I went and got a measuring tape and with the assistance of Rolando Chapa, who was outside the building assisting senior citizens down the ramp to the voting area, we measured from the door as the law says up until the 100 ft. marker,” Lomas said.

“I do not understand why there are also other markers across the street, way beyond the 100 feet saying candidates and their parties cannot be there; that is not right,” Lomas said.

All of the markers on the east, west, and south sides of the courthouse are correct; it is only the north side that has conflicting markers, he said.

Lomas said he informed Alarcon about the issue, and according to Lomas, Alarcon saw nothing wrong with the situation and told him he was the elections official and was in charge.

Lomas claims Alarcon then threatened to call the police and Lomas said he replied, “Go ahead I’ll be at my office.”

Lomas said he left the building and was informed later that Alarcon did call the police and reported that Lomas verbally assaulted him.

No action was taken by authorities, however, many officers responded to the dispatch because it was announced as an assault at the courthouse.

Because Alarcon took no action in removing the incorrect markers, Commissioner Lomas notified County Attorney Delma Rios-Salazar of the issue, which then prompted Salazar to send a letter to Alarcon informing him of the mistake.

The letter reads, “You have been advised that the marker signs on the north side of the courthouse are not accurately placed. The 100 feet have been measured again and witnessed by two Kingsville police officers; 100 feet from the door is clearly marked with orange paint. Your refusal to adhere to my advice and by insisting on placing the marker signs improperly, you are creating a liability for the county. All candidates have the right to electioneer for or against any candidate, measure, or political party outside the 100 feet and (neither) you nor your staff should be interfering with any person’s right to electioneer outside the 100 feet. In addition, it is my opinion that since you are a candidate in this election and to avoid any signs of impropriety, you should appoint one of your employees as early election clerk.”

Rios-Salazar said she wants no trouble but sees the need for elections to be held correctly. “All we want is a fair election and for election officials to comply with the laws set,” Rios-Salazar said.

Alarcon says he has done nothing wrong and as the designated early voting clerk, by Texas election code 83.002, he has the same authority as a presiding election judge would in regular voting.

“I have the authority to mark the markers as I see fit, because there are areas that are concrete where a marker cannot be posted; you have to eyeball it,” Alarcon said.

Alarcon said he has been an election judge since he was 18 years old and has dealt with placing markers all those years, and this is the first time anyone has questioned the placement.

“According to the Texas Secretary of State, most judges eyeball the area to create a zone where voters can go freely in route to the polling place. It is impossible that the county place those markers within 100 feet directly,” Alarcon said. “I have always used my 12-inch feet as a guide to measure the distance all these years.”

According to Alarcon, on Wednesday when the incident first happened, Lomas was blocking the entrance to the polling place with his vehicle and affecting citizens who were taking part in curbside voting.

“We had elderly citizens who were legally voting curbside out of their vehicle and Lomas was in that same area three to five feet from a person who was voting, screaming and causing a big scene, which affected the voter,” Alarcon said. “At that point I told him to leave or else I was going to call the police; so, I did, which prompted them (police) to come and take statements.”

Early Thursday morning, Alarcon said he was arriving at the courthouse when he noticed some spray-painted graffiti on the road marking 100 feet and that markers had been moved.

“When I noticed this, I called the Secretary of State and notified them of the situation. I do not know who spray painted the “100 feet” marker, but whoever it was needs to realize that this is county property and is considered vandalism. It is my guess that Commissioner Lomas had maintenance workers spray paint on the concrete; I cannot prove that, but it is my opinion,” Alarcon said.

Alarcon said that when he spoke to the Secretary of State and mentioned what he thought happened, a representative of the Secretary of State said that if it was Lomas who ordered the signs moved, he had no authority over the maintenance department and that act would be considered wrong.

According to Alarcon after he spoke with the Secretary of State’s office, it was then that County Attorney Rios-Salazar came into his office and began questioning his actions.

“She came into my office screaming and yelling and telling me that I had no business moving the markers. It was disturbing everyone in my office and I found that completely out of line,” Alarcon said.

Alarcon said he received the letter from Rios-Salazar and forwarded it to the Secretary of State’s office.

“The (secretary of state’s) office told me that they found the letter very disturbing and that they could not believe the county attorney drafted that letter,” Alarcon said.

“I do not have to step down as early elections clerk because it is by statute that the county clerk assumes this position.”

Alarcon said that as presiding judge of the election, he has the power of a district judge and the polling area is to be thought of as a district court, which demands the utmost respect.

“Under section 32.075 of the elections code, it states that a presiding judge has the power of a district judge to enforce order and preserve the peace including the power to issue an arrest warrant to anyone disturbing that peace,” Alarcon said.

“I will formally ask Mrs. Rios-Salazar for an apology, and if she does not comply she can be held in contempt of court,” Alarcon said.

Alarcon said he doesn’t understand why people are creating a big deal out of nothing.

“I am a very busy person; I have over 20 precincts in voting to oversee and there is no time for pettiness such as this,” Alarcon said. “Romeo Lomas is just trying to create a ruckus because he and his daughter are on the ballot.”