LUBBOCK, Texas (KCBD) – The Seventh Court of Appeals unanimously ruled in favor of Gary Boren, determining he must be allowed a spot on the ballot for a city council special election.
Earlier this month, the Lubbock city secretary determined Gary Boren did not meet the residency requirements and rejected his application for the special election for council District 4. Boren then appealed the ruling, taking it to the Seventh Court.
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 allows home rule cities, like Lubbock, to follow local charters.
“It’s sort of like the Constitution of the U.S.,” Boren said April 6, “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 told KCBD earlier this month. “So, I am a resident.”
Tim Green and Bill Curnow have also announced they are seeking the District 4 seat. Current councilman Brayden Rose announced in March he would resign, to focus on taking care of his family, including his young son who has significant health challenges.
Boren’s response
Boren issued this statement after the legal victory Friday:
“I’m proud to share that the 7th Court of Appeals in Amarillo has ruled in my favor, ensuring that I will be on the ballot for Lubbock City Council, District 4.
City officials twice claimed I wasn’t qualified to run.
The court unanimously rejected those claims and affirmed what the City Charter has made clear for more than 100 years.
This matters—not just for me, but for every voter in Lubbock.
Our City Charter exists to protect fairness and ensure that no one in government can pick and choose who gets to run for office.
That principle was upheld.
But this situation also raises serious concerns.
Taxpayer dollars were spent defending a position that the court ultimately found to be wrong.
That deserves reflection—and better judgment going forward.
Now, we move ahead.
This campaign is about serving District 4 with transparency, accountability, and respect for the rules that govern our city.
I believe voters—not city officials—should decide who represents them.
In closing, one question remains:
Why were the City Secretary, City Manager, and City Attorney’s Office so desperate to keep me from running for City Council…
not once, but twice FALSELY claiming that I was not qualified.
Why this rogue decision?
Why are they afraid I’ll be elected?
And why did they spend thousands of your tax dollars in a desperate and illegal effort to block my candidacy for District 4?
What is it they don’t want me — or YOU — to know?”
KCBD has contacted the City of Lubbock for a statement. If one is provided, this story will be updated with it.
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