Late last week, a portion of a request for a Quo Warranto action on Fisher County Attorney Michael Hall, calling for his removal based on claims he fails to meet the state’s residency requirements. Officials confirm they are aware of the complaint, and it, along with supporting information has been submitted to the Texas Attorney General’s Office.
Quo Warranto is Latin for “By what authority,” and is an old common-law writ against a person who has claimed an office, that formally inquires “by what authority” supports their claim or right to the office. Its contemporary purpose is to challenge a person’s right to hold a public office, such suits have been authorized in Texas since 1879.
Any individual can insist a quo warranto action can be initiated, but only an official who is authorized to represent the State of Texas acting, to protect the state and public good, can file and pursue the case. This is typically a county attorney, district attorney, or state attorney general.
A portion of the complaint and request for the quo warranto surfaced late last week and has been circulating in multiple county offices and shared by citizens across Fisher County. The Chronicle obtained a copy of the eight-page portion of that document.
The complaint argues that Fisher County Attorney Michael Hall does not satisfy the continuous residency requirement of the state's election code, nor does he intend to meet those requirements, and should therefore be removed from office through a quo warranto action.
The requester states that when Hall ran for office in 2016, his homestead was listed as a Sweetwater address in Nolan County. However, Hall was also registered to vote in Fisher County, where he owns a small house along Fisher Co. Rd 107.
“However, no one resides at the address,” the letter states, referring to a supporting investigation of the property. While the Chronicle has not obtained a copy of the private investigator’s report, Fisher County Sheriff Randy Ford confirmed its existence.
Between Hall’s 2016 term and filing for a second term in 2020, he changed his homestead from the Pine St. address in Sweetwater to another Sweetwater address located on Josephine St. The Nolan County Appraisal District currently has a Hall listed under an address in Santa Fe regarding the Josephine property.
In response to questions, Hall said, “My residence is 268 CR 107, Roby, Texas.” He provided no further comment.
Officials are required to have resided continuously in the territory from which the office is elected for six months before filing the application. That application has not yet been provided.
For purposes of satisfying the continuous residency requirement, a person who claims to return to a residence can only establish intent if they have a legal right to return to the property and “has made a reasonable and substantive attempt to effectuate that intent.”
The request insists that based on a failure to meet residency requirements, “because he does not reside in Fisher County,” Hall must be removed from office.
While it is still unknow at this time the origins of the quo warranto, Sheriff Ford confirmed the request, along with the supporting evidence and information has been sent to the Office of the Attorney General. The OAG’s Office confirmed it had received the referral from the Sheriff and that the DA had requested the OAG to prosecute. The complaint is under review by the Election Integrity Team