Appeals Court Affirms District Court Decision to Declare Lozano Winner in November 2023 Edinburg Place 4 Council Race, Further Appeal Possible

Arnoldo Mata

EDINBURG, TX – The Texas 13th Court of Appeals has affirmed a lower court ruling that overturns the results of the November 2023 Edinburg City Council Place 4 election. However, incumbent David White may appeal that decision and remain on the Council.

White, a former Edinburg police chief, had initially been declared the winner by a narrow 10-vote margin. But the election results were challenged by his opponent, Gerardo “Gerry” Lozano, who filed a petition in December 2023 alleging multiple violations of the Texas Election Code, including illegal voter registrations, ineligible voting assistance, and improper mail-in ballots.

The case went to trial in May 2024 before visiting Judge Jose Manuel Bañales of Corpus Christi, who was appointed to avoid jurisdictional conflicts. Bañales ruled that 14 of 26 illegal votes were cast for White—enough to affect the outcome—and declared Lozano the winner.

White appealed the decision, and the case was reviewed by a three-judge panel on the 13th Court of Appeals in Edinburg. Both parties submitted briefs by September 2024, and the court declined to hear oral arguments. The case was officially filed as “submitted” in March 2025.

On June 30, the appeals court issued its ruling. Justice Clarissa Silva, writing for the panel, cited several legal flaws in White’s arguments and concluded, “We affirm the trial court’s judgment.”

The ruling highlights more than a year of legal uncertainty surrounding the Place 4 seat. White has continued to serve on the City Council during the appeals process. Under Texas law, if the case involves a question of state law and is not a criminal matter, the losing party may file a petition for review with the Texas Supreme Court. The Supreme Court has discretion to accept or decline such petitions, except in a few specific types of cases (such as those involving election contests under Chapter 232 of the Texas Election Code, which have their own unique procedures). White has not announced whether he will continue the appeals process.

Source — 13th Court of Appeals of Texas