LUBBOCK, Texas (KCBD) – The Lubbock city secretary has determined Gary Boren is not eligible to run in a special election for council district 4.
In his candidacy filing, Boren wrote he lived full-time in District 4 for two months. This falls four months short of the required time in a region, as outlined by state election law. However, Boren and Austin-based attorney Eric Opiela say state law also goes by local charters.
“It’s sort of like the Constitution of the U.S.” Boren said, “What does the text say? You know, the charter, which is our constitution, [it says] if you live in a district the day you file, that’s your residence. It’s real plain and simple.”
Lubbock Central Appraisal District records show the estate of his mother Geneva Boren sold a home on Memphis Avenue near 97th Street to Gary Boren with a deed date of August 8, 2025. For the 2026 tax year, Gary Boren is listed as owner with a homestead exemption active 1/1/2026. The home is in district 4.
“This is my homestead. My driver’s license shows this address, my voter, my everything,” Boren said. “So, I am a resident.”
He explains it’s been a long moving process. He and his wife have been the owners of the home for longer than what he documented in his candidacy filing.
“I’ve been in residence here for over 2 months,” Boren said. “I only put down two months because this was my mom’s home when she passed. We remodeled and we moved in. So, that being the case, we’re in compliance with the charter and the law.”
Boren and Opiela have filed an appeal with the City of Lubbock. He says he will take this case to a federal court, if necessary.
“City hall is notorious, sometimes, for bullying people,” Boren said. “They picked to the wrong person to bully. I’m not going to yield, because I know I’m right and we will win.”
KCBD reached out to the City of Lubbock for the reasoning of this decision. Officials say they are choosing to follow state law, as the city has done in many past elections.
“On March 31, the City of Lubbock Office of the City Secretary sent Gary Boren notice that he did not meet the minimum state law residency requirements to be placed on the ballot as a candidate for District 4.
Texas Elec. Code Ann. § 141.001(a)(5) states that, to be eligible to be a candidate for city council, the person must have resided continuously in the council district for six months prior to the application deadline.
The Lubbock City Charter requires a candidate be a bona fide resident within the council district at the time of filing.
Reading the City Charter, in conjunction with the Texas Election Code, and consistent with both the guidance from the Texas Secretary of State as well as the past practice of the City of Lubbock for many years, a candidate is required to have resided within the district from which they are seeking election for at least 6 months preceding the filing deadline.
These requirements have been posted on the City of Lubbock’s website for the past several elections as required by state law.
According to Mr. Boren’s application that he submitted on March 26, he stated in writing that he has resided in District 4 for only two months thus not meeting the residency requirement.”
Boren announced his candidacy last month, after Councilman Brayden Rose announced his resignation March 10. Rose said he is putting his family first. He said his young song lives with significant disabilities and his health care needs have increased.
The deadline for candidates to enter the race is April 27. The special election day is set for June 27.
Boren’s campaign announcement last month listed decades of leadership experience in business and public service. He previously served on the Lubbock city council and as president of the Lubbock ISD Board of Trustees.
Boren resigned from his council seat in 2007.
Boren ran for county judge in 2018 and 2022. Governor Greg Abbott recently appointed Boren to the Brazos River Authority Board because of his experience in water resources and long-term planning.
Rose will continue to represent the district until a successor is elected. The district 4 special election is a separate date from the municipal election May 2.
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