EL PASO, Texas (CBS4) — City Council Rep. Cassandra Hernandez is fighting to keep her job.
Hernandez is in danger of losing her spot on the City Council after a Facebook post on her public page.
The post read that she is running for mayor; it was deleted minutes later.
Texas law states that if an elected official announces their run for another office, they must immediately resign from their current seat.
Hernandez sent out a press release saying she did not announce her run for public office and therefore did not resign.
Her lawyer, Daniel Marquez, explained their stance on Monday.
“That this was inadvertent public notification. This was a private conversation between Rep. Hernandez and a friend and volunteer that helps her with matters such as these and it wasn’t in inadvertent public notification that went out when they change the name of that Facebook account. Immediately steps were taken within minutes to have that removed, have it take it out of the public sphere,” Marquez said.
There have been cases where there is a gray area in the Texas state law.
In 2008 a constable in Tom Green County kept his seat after he filed as a candidate with the election's office. He made pamphlets saying he wanted to "bring values" to the county commissioners court. Since the pamphlets did not explicitly said he was running he was allowed to remain in his seat.
In Harris County a judge announced his run for Texas Supreme Court on his website and said he did not know the law. He was unseated by the Harris Commissioners court, according to the Washington Post.
Hernandez said since she did not post the picture she should be allowed to remain in her seat.
"I think she should be given a second chance," said Abel Leal. "In America everybody gets a second chance."
"I think the law is the law and she should not get a second chance it was written for a reason and that’s it," said Jessie Retana.
"She did some outreach in the community when it came to those kids that got in trouble so he’s a really great person I believe that everybody deserves a second chance at least a thorough investigation," said Miguel Romero.
"I think a proper investigation needs to happen," said Joshua Gutierrez.
City council will be discussing the matter on Tuesday. If council decides to hold a special election for her seat the council has to decide by Sept. 20 if they want to combine it with the bond election in November.