Lawsuit challenges City of El Paso’s signature requirement for Rep. Trejo recall

EL PASO, Texas (KVIA) -- As the City of El Paso moves forward with plans for the Northeast Data Center, those opposed are taking their recall fight to a district judge. Organizers trying to oust District 4 City Representative Cynthia Trejo held a press conference outside City Hall Thursday to announce legal action agains the city over "fluctuating and unlawful" petition requirements.

Joshua Dagda and his attorney, Brian Kennedy, said the city is changing the rules as they go, forcing them to collect more than 4,000 signatures instead of the hundreds required by law.

The city claimed it's following proper charter laws, but petitioners say they won't back down.

Dagda filed after El Paso City Council's June 9 meeting. He filed over Rep. Trejo's use of the city's tax abatement contract with the Meta data center. He claimed she sided with a multi-billion dollar organization over her own stakeholders.

Dagda and Kennedy filed a writ of mandamus Thursday, accusing the city of illegally changing the requirements.

"It's just not fair. You can't constitutionally say we're just going to pick a number from an election that didn't elect anybody," Kennedy said.

The city charter initially said petitioners need 20% of the votes cast in the election where the official was elected.

Rep. Trejo was elected in December 2024, and petitioners would need 786 signatures.

Now, the city pointed to a 1984 ordinance, which demands 4,233 signatures.

"They didn't give us information. And plus, they never gave us a hard number," Dagda said.

ABC-7 reached out to Rep. Trejo for an interview. She declined and sent the following statement:

"As a city representative, I have a responsibility to protect the interests of the people I serve and the taxpayers of El Paso. Based on the legal information presented to council, terminating those agreements could have exposed the city and taxpayers to significant legal and financial liability. It also would not stop the project from moving forward."