More than five thousand people voted on the five proposed charter amendments in San Benito.

All but one of the propositions passed, and all votes cast in the election were voided by a Cameron County district judge.

Among the amendments before voters was Proposition B, which called for requiring all members of the city commission to live within city limits during their terms. Proposition D, which was the one proposition that didn’t pass, asked voters if they wanted to allow the city manager to live outside city limits. 

The election was voided following a Monday ruling that said all votes toward Tuesday’s elections for the charter amendments would not count.

"That's like a setback that my vote didn't count,” San Benito resident Cindy Ramirez said.

Other residents said they weren’t happy with the ruling.

“I went to vote for the candidates, but I saw the amendments and I read each one carefully, and I voted for or against it,” Concepcion Lucio said.

The judge’s decision came after a lawsuit was filed last month by Julian Rios, a former member of the San Benito EDC board. 

In the lawsuit obtained by Channel 5 News, Rios claimed that the San Benito mayor and city council violated the Texas Open Meetings Act by failing to give proper notice to the community regarding the proposed amendments. 

Rios' attorney, Jeff Diamant, claims the city failed to tell people what each amendment was, and that the city only listed calling for an election under a consent agenda item.

“They never disclosed the order that indicated what propositions would be voted on, nor the propositions themselves, depriving the public of understanding what the real nature of the vote was,” Diamant said.

San Benito City Attorney Javier Villalobos denied the allegations, adding that the city plans to have a city council meeting in the coming days to decide if they want to appeal the ruling.

“If the city decides to appeal, and they feel they are in the right, it is going to cost a lot more in legal fees,” Villalobos said. “I don't do appeals, they are going to have to hire someone else."

The charter amendment election already cost taxpayers $26,000.

Court records show a conference call is set for Thursday regarding the lawsuit to discuss future hearing dates.

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