White Concedes Election Loss, Lozano to Be Sworn In as Edinburg Council Member July 16
Arnoldo Mata
EDINBURG TX — Sitting Edinburg City Council member David White will not extend his appeal of a district court order that determined that Gerardo “Gerry” Lozano was the winner of the November 2023 election. Lozano will be formally sworn in as Edinburg City Councilman for Place 4 on July 16 at 6 p.m. during a ceremony at Edinburg City Hall.
The announcement was issued Friday, July 3, by the City. This follows a June 30, 2025 ruling by the 13th Court of Appeals, which upheld a lower court’s decision declaring Lozano the winner of the City Council seat. City officials confirmed that both parties involved in the election dispute have reached an agreement, and current Councilman David White will not appeal the ruling.
City representatives said the transition will be conducted in accordance with legal procedures and emphasized Edinburg’s commitment to the rule of law. City Attorney Josephine Ramirez-Solis addressed the matter during last Tueday’s City Council meeting before White announced his decision, stating, “At this time, the Court of Appeals has not issued a mandate and that judgment has not become final. The city is awaiting confirmation as to whether or not the current elected official (David White) will seek any rehearing or appeal of that decision. The city will continue to proceed in accordance with the legal process, and we will update council and the public as that becomes available.”
On Monday, June 30, the Texas 13th Court of Appeals 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).
Source — City of Edinburg.