Removing a County Commissioner and Ballot Name Replacement
Presumption of Innocence: All individuals are presumed innocent until proven guilty in a court of law. This page provides factual information based on public reports and statutes for voter education purposes only. This is in keeping with Vote Time's efforts to provide information to the voters of Ellis County and our goal to Get Out the INFORMED Vote.
The currently serving commissioner and Republican nominee for Ellis County Precinct 2 in the November 3, 2026 general election was arrested June 11, 2026, in Ennis on a Class B misdemeanor theft charge ($100–$750) related to an alleged incident at a local Walmart. A second arrest occurred June 24, 2026, on a Class A misdemeanor organized retail theft charge from the ongoing investigation. The individual was released on bond in both cases. The Ennis Police Department continues its investigation.
Statement from Ellis County Judge John Wray (as reported by The Waxahachie Sun and Ellis County Press): "I have received numerous requests from citizens asking the Commissioners Court to take action regarding Commissioner Matthew Zajic. First, I want to confirm that I fully support and embrace Constitutional due process and the presumption of innocence. ... Neither the Commissioners Court as a whole nor the County Judge, acting alone, have authority to remove a county commissioner from his position. Texas law specifies that if a county commissioner is convicted of a felony or official misconduct, the conviction results in an immediate removal from office. Generally speaking, Texas law also allows a resident of Ellis County to file a sworn petition in district court requesting removal of a commissioner for official misconduct, even in the absence of a criminal conviction. After the filing of such a petition, a commissioner may be suspended from his job pending trial, and the presiding district judge may appoint a temporary replacement commissioner."
Texas Election Code – Relevant Provisions Eligibility for public office requires U.S. citizenship, age, residency, voter registration, and no final felony conviction without pardon or release from disabilities. Misdemeanor convictions do not disqualify a candidate.
Withdrawal or Removal from General Election Ballot A candidate’s name is omitted if withdrawn, deceased, or declared ineligible on or before 5 p.m. on August 21, 2026 (74th day before November 3, 2026; Texas Election Code §§145.035, 145.064). After this date, the name generally remains on the ballot.
• Voluntary Withdrawal: Written, signed, acknowledged request filed with the ballot-preparing authority and copied to the party executive committee chair .
• Ineligibility Declaration: Limited grounds; primarily final felony conviction or other statutory disqualifiers. Misdemeanor charges alone do not trigger automatic removal.
If Name Omitted The Political Party county executive committee may nominate a replacement, with certification by the chair to the ballot authority by 5 p.m. on August 24, 2026 (71st day before election day; Texas Election Code §§145.036–145.037). The county executive committee consists of the county chair and all precinct chairs.
For nominating a replacement for Commissioner Precinct 2, the precinct chairs from voting precincts 1015–1022 and 1024–1026, along with the county chair, participate in selecting the replacement nominee.
Removal of a Serving County Commissioner A serving county commissioner may be removed from office through a formal civil proceeding in district court under Texas Local Government Code Chapter 87 (Subchapter B – Removal by Petition and Trial). This is not a recall election or automatic process triggered by an arrest or misdemeanor charge. It requires a petition, judicial oversight, and a jury trial.
• Who Can Be Removed: County commissioners .
• Grounds for Removal : Incompetency, official misconduct, or intoxication (with exceptions).
• Who May File a Petition : Any qualifying Ellis County resident.
• Filing Requirements: Written petition filed in district court of the county where the commissioner resides; addressed to the presiding judge of the administrative judicial region.
• Judge Assignment : Judge from outside the county assigned.
• Citation and Notice : Served on commissioner; appears after fifth day.
• Trial and Decision : Jury on facts; judge decides removal.
• Appeal : Either party may appeal.
• Suspension and Temporary Replacement: Possible upon valid petition filing.
• Effect: Vacancy filled per law if removal is final.
This process is civil, involves significant legal requirements/costs, and protects due process. Recent legislation (HB 2715, 89th Legislature) updated Chapter 87 for uniformity. The Commissioners Court lacks authority to remove a commissioner directly.
Ellis County Voting Precincts
This is the up to date map of voting precincts in Ellis County.
Ellis County Commissioner Precincts
This is the up to date map of County Commissioner precincts in Ellis County.
Voting Eligibility for a Primary Runoff Election
Can you Vote in the Republican Primary Runoff?
Can you Vote in the Democrat Primary Runoff
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