Freeport mayor questions recall process after voters choose to remove him from office

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After just two years in office, Freeport Mayor Jerry Cain is facing removal following a successful recall election. But while he acknowledges the outcome, he’s raising concerns about how the recall effort was handled from the beginning.

About 56% of voters supported recalling Cain in Tuesday’s election, with 950 voting in favor of his removal and 741 voting against it.

In an interview with KPRC 2, Cain said he was initially upset by the outcome but believes some voters may not have fully understood the recall question on the ballot.

“Quite honestly, a lot of people didn’t even know what they were voting on. Nor the merits of what it was all about,” Cain said.

Cain believes the large number of voters who turned out for statewide partisan races may have contributed to confusion surrounding the recall question.

What led to the recall effort?

The effort was spearheaded by Freeport resident and former City Council member Jeff Peña, who began collecting signatures in January.

Peña said the recall was about holding city leaders accountable.

“The recall was for the residents of Freeport. I wouldn’t say it was against anybody per se. It was for the residents of Freeport in terms of transparency and accountability,” Peña told KPRC 2.

The recall petition outlines several allegations against Cain, including an alleged cover-up involving $345,000 in unauthorized payments for City Hall renovations.

Peña also alleges Cain failed to act after learning about an alleged criminal plot against Peña involving former City Manager Lance Petty.

Peña claims recordings uncovered during an investigation into the suspension of Freeport Police Chief Jennifer Howe revealed an alleged plot to kidnap and kill him.

According to Peña, the police chief was later cleared of wrongdoing, and Petty was fired by the City Council in June 2025.

The petition also accuses Cain of failing to protect the city’s interests in a legal dispute involving Petty.

These allegations have not been independently established as findings of wrongdoing by Cain.

Mayor denies allegations, raises concerns about recall process

Cain disputes the accusations outlined in the petition.

“None of the allegations have been substantiated. In my opinion, they are one person’s opinion of fact, his opinion that he is out there providing as facts,” Cain said.

Beyond the allegations themselves, Cain is raising questions about how the recall process was handled.

He pointed to what he believes was a potential conflict of interest involving the city attorney who advised City Council during the process.

Cain claims the attorney was also representing Peña in three separate lawsuits, including one involving the City of Freeport.

He said that raises concerns about the legal advice council members received as the recall moved forward.

Cain acknowledged that recall elections are an important tool for holding elected officials accountable but said he has concerns about how this particular effort was conducted.

“A recall petition is a tool that has afforded the citizens of the United States as a way to remove officials that are bad actors. It is a great tool when done properly,” Cain said.

Could Cain take legal action?

Cain said attorneys are now reviewing the recall process, although he has not decided whether to pursue a legal challenge.

“We currently have more legal eyes looking into this. It very well might not change the outlook of what happened. However, it could help the next person in line,” Cain said.

When asked directly whether he planned to challenge the recall, Cain said he did not have an answer yet.

What happens next?

Freeport’s city manager told KPRC 2 the recall vote is expected to be certified during the next City Council meeting on November 16.

The mayor pro tem will assume the mayor’s duties in his absence, according to the city manager.