Three times in five years he went to court over an election — to stop one, to force one, and to get himself on a ballot.
The public record shows David Rogers as a named party in three separate pieces of election litigation between 2021 and 2026, in three different postures. David Rogers is the only Pflugerville councilmember who appears in any of them.
2021 — to stop an election
Rogers et al. v. ESD #17 sought to keep an annexation proposition off the November 2021 ballot. A temporary restraining order was denied, mandamus was denied by both the Texas Supreme Court and the Third Court of Appeals, and the case was dismissed in September 2021 without any court reaching its central question. Voters rejected the annexation anyway. The city settled in 2024 by paying the district's $275,000 legal bill.
- Posture
- Sought to prevent an election
- Outcome
- Dismissed; the election went ahead
2023–2024 — to force an election
In re David Rogers, Jennifer Pakenham, and Kristi Powell, No. 23-0595, sought to compel Travis County ESD No. 2 to call an election on a petition to reduce its sales tax. The Third Court of Appeals denied relief in July 2023. On May 24, 2024 the Supreme Court of Texas conditionally granted mandamus, directing the ESD 2 board to determine whether the petition carried signatures of at least five percent of registered voters and, if so, to call an election. This is the one he won.
- Cause
- No. 23-0595, Supreme Court of Texas
- Opinion
- May 24, 2024
- Posture
- Sought to compel an election
- Outcome
- Mandamus conditionally granted
2025–2026 — to get on a ballot
After the Republican Party of Texas rejected his application for Justice of the Supreme Court, Place 8, Rogers sued. A Travis County district judge dissolved his temporary restraining order and denied an injunction. On January 13, 2026 the Supreme Court of Texas denied mandamus, noting he had neither appealed that denial nor sought emergency relief in the court of appeals and instead “appears to have abandoned those proceedings, changing tactics.” The incumbent ran unopposed.
- Cause
- In re David Rogers, No. 26-0010
- Opinion
- January 13, 2026
- Posture
- Sought ballot access for himself
- Outcome
- Mandamus denied
What this does not assert
- bringing litigation is lawful and this entry does not suggest otherwise
- he prevailed in the 2024 case; the record is not one of uniform failure
- does not allege any of the three suits was frivolous — no court has so found
- does not allege a common motive across the three cases
- the 2023-24 and 2025-26 cases concerned his activity outside the council; only the 2021 case produced a cost to the city
Sources
- In re David Rogers, Jennifer Pakenham, and Kristi Powell, No. 23-0595 — The court's own PDF, downloaded from the Supreme Court of Texas case page for No. 23-0595 on 2026-09-05. Replaces a Justia mirror, which blocks automated copies.
- In re David Rogers, No. 26-0010 — Supreme Court of Texas, January 13, 2026 — mandamus denied
- Lawsuit seeks to demand Pflugerville ESD call election for sales tax reduction — Austin American-Statesman, 16 February 2023