05/09/2026
Judge Venetia Velázquez raised the issue during a hearing in her courtroom on Friday after reviewing an August 24 legal opinion from Attorney General Gordon Rhea concerning election law and candidate disqualification.
The opinion states that a disqualified candidate who files a non-frivolous appeal to the Board of Elections is entitled, consistent with general due process requirements, to a “reasonable opportunity to present argument and evidence,” subject to waiver.
Velázquez questioned whether Frett’s due process rights were violated because he was not given an opportunity to argue his position before the Board.
Judge Venetia Velázquez gives Fawkes’ attorney until Monday to address whether Frett was given an opportunity to present argument and evidence required under due process.