Two former Rio Grande City commissioners are claiming in court that fraud prevented them from keeping their seats in the May 2024 general election.

Former Rio Grande City commissioners Alberto Escobedo and Rey Ramirez filed the lawsuit in June to contest the results of a recount in their races.

On Tuesday, testimony was presented that argued that about 230 votes should not have been counted.

Ramirez ran against Ediel Barrera for the Commissioner Place 2 seat. The recount confirmed Barrera was the winner with 2,144 votes, while Ramirez received 2,066 votes.

Escobedo ran against Eudolio "Nune" Barrera for the Commissioner Place 4 seat. The recount confirmed Barrera was the winner with 2,169 votes, while Escobedo received 2,048 votes.

READ MORE: Former Rio Grande City commissioners contest election recount results

The plaintiffs claim the 230 voters either didn’t live within city limits, or were helped at the polls by Barrera.

Voters who took the stand Tuesday testified that Barrera helped them vote, and had signs at a polling location that said "I need help from Ediel Barrera."

Barrera testified he placed the signs around the polling location for whoever wanted assistance.

“And we used them accordingly, as per request by voters,” Barrera said in court.

During the Nov. 5 Presidential election, Rio Grande City voters approved two city charter amendments that set term limits for commissioners, and requires an outside entity to run city elections.

As part of the lawsuit, the former commissioners are asking for a new election to be ordered. If a new election is called, Ramirez would not be eligible to run again due to the newly passed amendments.

Testimony is expected to resume Wednesday.

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