Robert Edward Battaile v. Texas Elections Division; Hon. Jane Nelson; Texas Secretary of State

ACCEPTED 15-25-00142-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS Cause No. 15-25-00142-CV 9/30/2025 1:05 PM IN THE COURT OF APPEALS CHRISTOPHER A. PRINE FIFTEENTH DISTRICT OF TEXAS AT AUSTIN CLERK FILED IN 15th COURT OF APPEALS ROBERT EDWARD BATTAILE, Appellant AUSTIN, TEXAS 9/30/2025 1:05:00 PM v. CHRISTOPHER A. PRINE Clerk STATE OF TEXAS, KEN PAXTON, JANE NELSON et al., Appellees

MOTION FOR SECOND EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS: Appellant, Robert Edward Battaile, appearing pro se, respectfully moves this Court for an extension of time to file his appellate brief and shows as follows: 1. Current Deadline. Appellant’s brief is presently due on Oct 2, 2025.

2. Requested Extension. Appellant requests an additional 10 days, making the new deadline Oct 12, 2025.

3. Reason for Extension. a) This request is not made for delay but so that justice may be done. The clerk’s record is insufficient and the Appellant noted at least 11 documents (260 pages in total) that never got transferred to the 15th Court for the Judges' review. b) On Sep 28, 2025, Appellant filed the MOTION TO SUPPLEMENT THE CLERK'S RECORD WITH OMITTED ITEMS that were not included in the transition from D-1- GN-25-000719-CV to 3-25-00484-CV and on to the 15th Court. The filing included an Affidavit and 11 date-stamped documents that were omitted, including i) PLAINTIFF'S SECOND AMENDMENT TO PETITION TO CONTEST 2024 MANOR TEXAS CITY COUNCIL AND MAYORAL ELECTION AND TO CAUSE NEW ELECTION BE HELD; and ii) CHALLENGE TO THE CONSTITUTIONALITY OF A STATE STATUTE.

4. Appellant also contacted the Travis County Clerk's office with the Letter submitted to the court; and the followup email conversation from Max Hernandez is attached in chronological order to wit: a) Exhibit A. Mr. Hernandez's initial response on Sep 29, 2025 at 9:20 am; b) Exhibit B. Appellant's response at 10:41 am; c) Exhibit C. Mr. Hernandez's second response at 12:38 pm; and d) Exhibit D. Appellant's final response at 3:01 pm.

5. These Responses leave the Appellant with no timeframe as to the transfer; and no confidence that it will even happen unless the 15th Court ORDERS that these actions be done. Appellant recommends ordering a deadline of three days for this simple chore that should have already been completed.

6. Prior Extensions. This is Appellant’s second request for an extension of time to file his brief.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that the Court grant this Motion and extend the deadline for filing his appellate brief on or before Oct 12, and for such other relief to which he may be justly entitled.

Respectfully submitted, /s/ Robert Edward Battaile Robert Edward Battaile, Pro Se E Eggleston St Unit B, Manor TX 78653 [email protected]

CERTIFICATE OF CONFERENCE Appellant certifies that he has not recently attempted further conference with counsel for all Appellees because many of them were only formally added as appellees within the last few days. However, from the outset of this litigation, including in the initial filings and in open court at prior hearings, Appellant has repeatedly requested that the parties engage in mediation. To date, those requests have not been accepted.

CERTIFICATE OF SERVICE I certify that a true and correct copy of this Motion was served on all Appellees’ counsel of record on Sep 30, 2025, via eService through the Court’s electronic filing system, and certified mail if needed.

/s/ Robert Edward Battaile Robert Edward Battaile, Appellant Pro Se Cause No. 15-25-00142-CV IN THE COURT OF APPEALS FIFTEENTH DISTRICT OF TEXAS AT AUSTIN ROBERT EDWARD BATTAILE, Appellant v. STATE OF TEXAS, KEN PAXTON, JANE NELSON et al, Appellees

ORDER On this day, the Court considered Appellant’s Motion for Extension of Time to File Brief. After reviewing the motion, the Court is of the opinion that it should be GRANTED.

IT IS THEREFORE ORDERED that Appellant’s Motion for Extension of Time is GRANTED. Appellant’s brief shall be filed on or before Oct 12, 2025.

SIGNED this ___ day of __________, 2025. \n______________________________ Justice, Fifteenth Court of Appeals Exhibit 1 15-25-00142-CV Exhibit 2 15-25-00142-CV Exhibit 3 15-25-00142-CV Exhibit 4 15-25-00142-CV Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Envelope ID: 106260234 Filing Code Description: Motion - Exempt Filing Description: MOTION FOR SECOND EXTENSION OF TIME TO FILE APPELLANT'S BRIEF Status as of 9/30/2025 1:39 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jeffrey Hobbs 24012837 [email protected] 9/30/2025 1:05:00 PM SENT Michael Kabat 24050847 [email protected] 9/30/2025 1:05:00 PM SENT Joanna Salinas 791122 [email protected] 9/30/2025 1:05:00 PM SENT William Davidson 5447000 [email protected] 9/30/2025 1:05:00 PM SENT Gavin Villareal 24008211 [email protected] 9/30/2025 1:05:00 PM SENT Michael Roberts 24082153 [email protected] 9/30/2025 1:05:00 PM SENT Cynthia Veidt 24028092 [email protected] 9/30/2025 1:05:00 PM SENT Stephanie Serrano 24092655 [email protected] 9/30/2025 1:05:00 PM SENT Kevin O'Hanlon 15235500 [email protected] 9/30/2025 1:05:00 PM SENT Patrick Kelly 11228000 [email protected] 9/30/2025 1:05:00 PM SENT Tyler Ryska 24096597 [email protected] 9/30/2025 1:05:00 PM SENT Austin Jones 24116579 [email protected] 9/30/2025 1:05:00 PM SENT William Duncan 24124453 [email protected] 9/30/2025 1:05:00 PM SENT Roy Adams [email protected] 9/30/2025 1:05:00 PM SENT Tristan AGarza [email protected] 9/30/2025 1:05:00 PM SENT Lauren Bush 24142742 [email protected] 9/30/2025 1:05:00 PM SENT Anna Puff 24144206 [email protected] 9/30/2025 1:05:00 PM SENT Edward Smith 24037790 [email protected] 9/30/2025 1:05:00 PM SENT Robert EdwardBattaile [email protected] 9/30/2025 1:05:00 PM SENT Annette Bittick [email protected] 9/30/2025 1:05:00 PM SENT Patricia Muniz [email protected] 9/30/2025 1:05:00 PM SENT Raylynn Howell [email protected] 9/30/2025 1:05:00 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Envelope ID: 106260234 Filing Code Description: Motion - Exempt Filing Description: MOTION FOR SECOND EXTENSION OF TIME TO FILE APPELLANT'S BRIEF Status as of 9/30/2025 1:39 PM CST Case Contacts Raylynn Howell [email protected] 9/30/2025 1:05:00 PM SENT Kim McBride [email protected] 9/30/2025 1:05:00 PM SENT Lea Ohrstrom [email protected] 9/30/2025 1:05:00 PM SENT Sneed Vine &Perry [email protected] 9/30/2025 1:05:00 PM SENT Stormy Downing [email protected] 9/30/2025 1:05:00 PM SENT Andy Soule [email protected] 9/30/2025 1:05:00 PM SENT Karah Powers [email protected] 9/30/2025 1:05:00 PM SENT Martha AnnAdams [email protected] 9/30/2025 1:05:00 PM SENT Benjamin C. Hunt [email protected] 9/30/2025 1:05:00 PM SENT Eldridge Burns [email protected] 9/30/2025 1:05:00 PM SENT Amy Botelho [email protected] 9/30/2025 1:05:00 PM SENT Carol Shipley [email protected] 9/30/2025 1:05:00 PM SENT Emily Hill [email protected] 9/30/2025 1:05:00 PM SENT Anne Weir [email protected] 9/30/2025 1:05:00 PM SENT