Natalia Contreras, Votebeat

A TX election official feels the strain of unrelenting scrutiny from right wing skeptics

BRYAN, Texas — At election time, Trudy Hancock spends a lot of time in her car, delivering equipment to polling sites scattered around Brazos County and visiting poll workers who need her help in the field.

She keeps the car radio on, and always tuned to Christian music.

Recovering from a tiring Election Day last week, the longtime county election administrator recalled hearing one song that resonated with her. It’s called “The Truth,” and opens with the lyrics:

How many times can you hear the same lie

Before you start to believe it?

At her desk that morning, she recited a version of those lyrics as best as she could remember them, softly, haltingly.

“But I know the truth,” she added, as she tried to hold back tears. “It gets hard.”

There are reasons why the song hit home. After decades of working in elections, and years of hearing people lie about them, Hancock and her staff members are starting to sometimes doubt themselves. Like election officials around the country, they’ve repeatedly tried to reassure a small group of right-wing skeptics that the county’s elections are safe and secure. They’ve tried to answer their questions, accommodated their demands, educated them about the law, and offered them opportunities to see firsthand how the process works.

“They won’t accept our answers, because it’s not the answers that they want,” Hancock, 60, said. “There’s just no end to it.”

Election Day in Brazos — a Republican stronghold around 100 miles northwest of Houston, and home to Texas A&M University — went pretty smoothly this time. Minor technical issues were resolved early on. Few locations had long wait times.

Hancock knows the truth. But she also knows that it won’t be enough to quiet the skeptics, who were questioning election processes right up to the start of early voting this year, and haven’t stopped.

Now that the 2024 election is over, Hancock is about to decide whether she can keep doing the job.

The requests keep coming

Since January, Hancock and her staff have hosted at least three public meetings where they’ve gone over, in detail, how the voting equipment works, and every single step of the election process. They’ve explained to the group of concerned residents that voter roll maintenance is done daily by staff members whose sole job is to make sure such lists are accurate.

Following the March primary election, Hancock invited some residents who have been coming to Commissioners Court to take part in the state-mandated partial hand count, which is done by every county after each election to check the accuracy of the voting equipment. The Secretary of State’s office selects the races to be hand-counted.

In an effort to increase transparency, Hancock got state permission to hand-count additional races. One of the critics of her office, resident Catherine Viens, participated in the count, which took a few days to complete and showed no discrepancies.

But the requests kept coming. They asked Hancock to guard against double voting — though there’s no evidence of that happening at large scale — by purchasing special ballot paper that’s preprinted with sequential serial numbers, starting with 1.

The paper cost taxpayers $14,000 and, according to Hancock, doesn’t really improve security. It creates waste, because leftover ballots can’t be reused in the next election. On top of that, the county workers have to spend more time and resources redacting the printed numbers to protect voters’ ballot secrecy.

Hancock agreed to it anyway for the presidential election. But it didn’t seem to bring anyone peace of mind.

During a state-mandated logic and accuracy test of the electronic equipment, which is open to the public, the group repeatedly asked, “Are the machines connected to the internet?” And each time the answer was the same, “no,” said Thomas Cavaness, the Brazos County Democratic Party chair, who participated in the test.

The testing should have taken 45 minutes to an hour, Cavaness said, “but instead it took us three hours to finish, because they kept asking questions.”

False claims fly at an October meeting

The questions have been pouring in for at least a year now, from several Republicans in Brazos who speak out regularly at Commissioners Court meetings. They’ve urged elected officials to take steps that include eliminating the use of electronic voting equipment like ballot-marking machines and electronic poll books. They have falsely claimed the equipment is connected to the internet and vulnerable to hacking.

At an October meeting, days before the start of early voting, four people spoke, asking commissioners again to endorse their efforts. Brazos resident Cynthia Wiley expressed her frustration with what she said was a lack of action.

“You’re our only recourse to express our concerns,” Wiley told the commissioners, citing voter registrations she’s unsuccessfully challenged. “And you guys have direct authority over the election administrator.”

Hancock has said her office is following the legally mandated procedures. Federal law prevents election officials from systematically removing people from the voter rolls 90 days ahead of a federal election. In addition, state law requires election officials to notify voters and give them a chance to respond and correct any errors before they can be removed from the rolls, but Wiley said she wanted the elected officials to instruct Hancock to investigate the registrations of the voters she had challenged right away.

At the same meeting, Viens asserted that the county had no emergency plan in case the power went out. Hancock said that’s false: The county has for years been prepared to handle power outages, violence, or natural disasters on Election Day, and Hancock had generators and other materials ready to go in case something went wrong. Viens has requested a copy of the plan.

Another resident who frequently speaks at the meetings is Walter Daughterity, a retired computer science professor at Texas A&M. Daughterity often appears on the video platform of MyPillow CEO Mike Lindell, well-known as a promoter of election conspiracy theories, and at other venues pushing for hand counting of ballots. Daughterity has asserted that Brazos’ voting machines are connected to the internet and not certified by federal officials. County and state officials have said those assertions are not true.

At the October meeting, he listed six urgent priorities for the Commissioners Court. He did not respond to Votebeat’s request for comment.

Mark Holtzapple, a chemical engineering professor at Texas A&M, has echoed Daughterity’s claims. At that meeting, he claimed that “ballot boxes are insecure,” because “the hinge on the locked box is on the outside, and all you have to do is unscrew one bolt” to get around the lock and security seal on it.

In an email to Votebeat, Holtzapple said he and the other residents are “not accusing anyone of anything. Rather, we are simply concerned citizens who want to improve election security, an essential condition for a properly functioning republic.”

The professors’ advocacy has spurred pushback from some of their colleagues at the university. Hank Walker, a computer science and engineering professor, wrote an email to Hancock in August to thank her and the staff for “performing so professionally with people who question your integrity.”

“I have known Walter and Mark for 30 years,” he said in an email to Votebeat. “They have good intentions, but they are wrong.”

Days after the public meeting where the activists spoke, Brazos County Judge Duane Peters asked Hancock to publicly respond. But when Hancock presented at the following Commissioners Court meeting, none of the residents who had complained were there.

The four residents later requested a separate in-person meeting with Peters and Hancock. She repeated what she had explained earlier. Holtzapple told Votebeat that the hourlong meeting “was not sufficient time to fully resolve the issues and generate an action plan.”

The residents compiled a 50-page document that lays out the issues they brought up at the meeting and how the county responded. They expect another meeting.

Viens said in a text message to Votebeat that her confidence in the process “will not be restored until the county complies with the Texas Election Code.” She specifically wants to see the county eliminate countywide voting, and use only hand-marked paper ballots.

Wiley, who along with Viens worked as a polling place supervisor during elections this year, including during the presidential election last week, said she does not trust the electronic voting equipment. “Once you click or insert your choices on paper into the machinery, who or what is really casting our votes?” she wrote in an email to Votebeat. She also echoed Viens’ request to help restore her confidence in the election process.

Holtzapple acknowledged that Hancock and her staff have made efforts to address the concerns he and others have raised, but said he still wants a more extensive dialogue, more substantive responses to the questions he’s raising about election security, and more responsiveness directly to the people who raise concerns.

For example, when a resident challenges a voter registration, “there should be a closing of the loop, that there should be respect shown from the government to the citizens for taking that time to identify people who possibly should be removed from the voter rolls.”

Peters, the county judge, described some of the residents’ actions and comments as a “constant barrage … I catch it, too,” he said. “And they expect me to change the system and go to something that I think is way less secure than the system we’ve got.”

“So I can understand why Trudy and her staff would be stressed to the limit,” Peters added. “It hasn’t impacted their work ethic, but I know it gets discouraging.”

A demanding Election Day: ‘They don’t understand’

Hancock was born and raised in neighboring Robertson County, and still lives there with her husband. Her first experience in elections was as a poll worker in her community back in the late 1980s, she said.

She spends her free time scrapbooking and screenprinting T-shirts. She often makes those for her staff, featuring messages such as “election squad,” and also makes them for friends and family at their request.

“It’s a fun outlet for me,” Hancock said.

She’s most proud of her two teenage grandchildren. On the night before Election Day, she was exhausted, but agreed to have them over for dinner. She made them pumpkin bread and brought some to the office the next day.

In the early morning hours of Election Day, Hancock had already answered dozens of phone calls from election workers at polling places who needed her help. If they were short on election supplies, she hopped in her small red SUV to deliver them herself, toting extra yellow traffic cones and curbside voting signs. Technical issues with the equipment? She knew whom to call. There was no problem Hancock and her staff did not resolve quickly.

Krystal Ocon and others in Hancock’s office fanned out across the county, and fielded questions from election workers in a text thread that kept her phone dinging throughout the day.

Ocon, 39, is the Brazos County elections coordinator, and unofficially Hancock’s second in command. She was born and raised in Brazos. For the past 20 years, she’s worked on every aspect of elections in the county. She knows the process thoroughly.

Throughout the day, Hancock relied on Ocon to give voters and election workers direction, and to help when needed, such as when a line of college students began to form outside of the polling location at the elections department. Many of them hadn’t updated their voter registration and would have to cast a provisional ballot, which takes more time. There was only a couple of hours left before polls were set to close.

“Look at that line!” Ocon said, before swinging into action.

She quickly gave the waiting students directions: where to stand, what type of ID they needed to have ready, the forms they might need to fill out if they weren’t registered in the county. She told them what their options were and what would happen next.

Collectively, the Brazos County elections department staff has more than 60 years of experience. So Ocon is frustrated by the constant requests and skepticism from the activists. She worries that it could discourage the staff and weaken the department.

“They don’t understand how much time and care it takes to do this job,” Ocon said.

She points out that she’s had to miss Halloween events with her daughter multiple times over the years in order to manage early voting and meet state-mandated election deadlines.

“Do they honestly think that I am going to take time away from my family to hack the machines, change votes, and go to jail?” she said. “Heck no. So yeah, I take all of this very personally.”

Poll watchers act ‘like detectives’

The tension between the small group of Republican activists and the county elections department penetrated decisions over how to best manage polling place staffing during this year’s elections.

Hancock said the Republican Party in Brazos, now led by Ross Ford, refused to collaborate with her staff to assign work sites for election judges, who supervise polling locations.

In the past, Hancock and her staff were able to assign workers appointed by the party to locations where they’d be a good fit. “For example, a location that gets a lot of voters needs an experienced team, and so we’d assign workers based on that,” Hancock said.

This year, the party made those placement decisions on its own, which by law, it’s entitled to do. In some cases, it assigned inexperienced workers to locations staffed only by other inexperienced workers, which led to some delays on Election Day. At one location, election judges were unsure how to process voters with out-of-state IDs or how to process provisional ballots.

And Republican poll workers said they were struggling to deal with the party’s own poll watchers.

“These poll watchers feel more like detectives than observers,” said Bill Edison, a Republican election judge in Brazos who has been a poll worker for more than a decade.

“Nearly all the poll watchers, except for one I had on Election Day, were from the Republican Party. And they’re trolling Republican judges, in a town basically where they own the county politically,” he said. “It doesn’t make any sense.”

Ford, the party leader, said the party has been unhappy with Hancock’s staff’s previous placement of workers at polling sites. “I know she’s very dedicated, but we feel like we need to assert ourselves and make sure that we’re doing things right,” Ford said.

The activists say they’re working on behalf of voters who lack confidence in the process. Most voters Votebeat spoke with on Election Day didn’t express such doubts.

At the Brazos Center, one of the busiest polling locations in the county, voters cast their ballots within minutes. Voters walking out and back to their cars said they had confidence in the election process. They were unaware of any issues between conservative activists and the elections department, they said.

“Things are working the way they’re supposed to,” said Brazos voter John Borden.

“The process was smooth and fast. The workers are friendly,” said Omero Lara.

Amanda Cross, who said she hasn’t always had confidence in the outcome of past elections, said she trusts how the process is handled locally. When asked if she’d heard of any problems with the elections office or anyone questioning the reliability of the voting equipment, she said “never.”

It was Donald Trump who helped fuel a movement of election suspicion after his loss in the 2020 presidential election. Hancock doubts his 2024 victory will slow that movement down. Just the day after the election, Hancock was hearing more questions from Daughterity.

“This is the new normal, and that scares me,” Hancock told Votebeat that day. “The distrust in our process and our people. The distrust in everything.”

When asked how she planned to move forward, she said, “by retiring.”

The timeline for that will depend on the results of a stress test she had scheduled for this month, after the election.

“No matter how much I love this job, you’ve got to decide whether it’s worth risking your mental and physical health,” she said. “And that’s where I am.”

Natalia Contreras covers election administration and voting access for Votebeat in partnership with the Texas Tribune. Contact Natalia at ncontreras@votebeat.org

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.

Texas poll worker assaulted during early voting

An election clerk in San Antonio was allegedly assaulted late Thursday and the suspect, a voter, was arrested, officials said.

The suspect was arrested on suspicion of injury to an elderly person, a felony.

The incident is believed to be the first instance of reported violence against an election worker this fall. Early voting began Monday in Texas.

According to a sheriff’s report, the suspect, 63-year-old Jesse Lutzenberger, walked into the polling location on San Antonio’s west side, wearing a Make America Great Again hat in support of former President Donald Trump, which is considered electioneering and against the law in Texas. The poll worker, 69, asked Lutzenberger to remove the hat, which he did, officials said. Lutzenberger went on to cast his ballot.

While still inside the polling location, Lutzenberger put the hat back on as he walked toward the door. The poll worker approached him to tell him that was unacceptable and then began to escort him out as they were approaching the doors of the location.

Bexar County Sheriff Javier Salazar said a surveillance video showed Lutzenberger “throw an arm back toward the victim,” he said. “The victim seemed to push off of the suspect. At that point, the suspect then turned and threw several punches right at the face of the victim.”

Salazar urged residents to keep calm while voting.

“Nothing is worth going to jail for,” Salazar said.

Emergency medical personnel responded to the incident and treated the election worker. His injuries were not life-threatening, Salazar said. Bexar County Sheriff’s deputies said they were able to find Lutzenberger at a residence, where he identified himself as “I am the person you’re looking for.”

Lutzenberger was booked into the Bexar County jail and was released on a $30,000 bond Friday. He is facing a third-degree felony charge.

This week deputies have had to respond to calls of people wearing clothing in support of political candidates at the polling place, said Salazar, though none of the others have resulted in violence or arrest. Voters are not allowed to wear any type of clothing that shows support for a political candidate or measure within 100 feet of a polling location.

Bexar County elections administrator Jacquelyn Callanen said in a statement that she wants Bexar County voters to “remain calm and realize that more than 200,000 early voters have cast their ballot this past week, and the majority of experiences have been positive” Callanen said.

Election officials have been ready to respond to violence at the polls for some time. Those efforts have become a priority in the midst of a contentious presidential election year.

This summer, during its annual state-wide training for election officials, the Texas Secretary of State’s office emphasized safety and emergency preparedness.

The agency’s elections division featured table top exercises and workshops on de-escalation, incident response and emergency preparedness.

Counties across the state, including Bexar, Dallas and Harris have an emergency and incident plan in place and have made it part of their poll worker training.

A May survey of election administrators by the Brennan Center found that 40% of respondents had taken steps to increase the physical security of election offices and polling locations since 2020, and 38% reported experiencing harassment or abuse. Across the country, election offices are doing things like investing in “panic buttons” and training poll workers in de-escalation techniques as a result.

Natalia Contreras covers election administration and voting access for Votebeat in partnership with the Texas Tribune. Contact Natalia at ncontreras@votebeat.org

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.

New TX county elections chief vows not to give in to conspiracy theorists

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.

FREDERICKSBURG, Texas — Jim Riley and his team spent weeks preparing for a forum he hoped would remind the public that elections in Gillespie County are “safe, accurate and dependable.”

The new county elections administrator expected more than 50 people. He asked a more experienced election official from a neighboring county to be there, in case he needed help clarifying election laws he’s less familiar with. He planned for a mock election, setting up voting equipment that the audience could use.

But fewer than two dozen people came. And some — county Republicans and local tea party members — walked out before his presentation ended. They’re the same people who Riley believes no longer want him in the job and who have disrupted the way elections are run in the county.

“Yeah, I’m disappointed. But the word will get out. They’ll go out and say that ‘he’s still there. He’s still standing’,” Riley said.

Riley, 76, intends to stay standing, even if it means standing up to the pressure of local right-wing activists who want him to radically change the way Gillespie elections are run. It’s more pushback than he expected when he took the job in August.

“I was just surprised. But I am dealing with it,” Riley said. “I’m not quitting.”

That’s no small commitment, considering Gillespie’s recent history. A little more than a year ago — following years of harassment by local right-wing activists fueled by unsupported claims of election malfeasance and conspiracy theories — the entire elections department in this Hill Country county quit.

Six months into his new role, Riley has signaled that he will not easily bend to the activists’ demands to fix county election problems that don’t exist. Since before he took the job, they have been mounting a pressure campaign to convince local officials to get rid of its electronic election equipment and switch to checking in voters on paper and counting votes by hand.

“If they thought that I was one who would follow along on this, then they were badly misinformed,” Riley said. “I stand by what I said: a hand count will not make elections in Gillespie better.”

A Republican and a semi-retired Presbyterian minister, Riley said when he sees a need, he turns to it and serves.

“In my own personal walk with Jesus, I want to be doing things that would be considered worthwhile. And right now that seems to be this job,” he said.

“Thrown into a hornet’s nest”

Although Riley says he’s got what it takes to endure the big election year ahead of him, some residents worry the county may be at risk of losing yet another election director.

After the entire elections staff quit in the summer of 2022, county officials spent months looking for a new elections director. Riley had been a precinct judge — tasked with supervising polling locations — for the local Republican Party for years, which meant he was familiar with how elections in the county were run. While the job was vacant, he helped manage early voting during the November 2022 midterm election and helped the county clerk in the months that followed. County officials encouraged him to apply for the job; he did so in June.

Meanwhile, some Republicans and activists had been organizing an effort aimed at convincing county executives to ditch electronic voting equipment and instead use volunteers to hand-count ballots.

“We can do this in Gillespie and in the surrounding Hill Country because we’re small enough and we have enough people who want to know the truth,” Angela Smith, a poll watcher and a founder of the Fredericksburg Tea Party, said in July at an event featuring out-of-state election conspiracy theorists promoting hand counting – a method experts say is inaccurate and far more costly.

More than 20,000 registered voters live in Gillespie and about 80% are Republican.

Although county executives dismissed the push to hand count, by the time Riley was appointed to his new position, Republicans had decided they’d hand count in the March primary election – a move state officials had warned would require double the amount of workers and volunteers, of resources and a risk of legal challenges from candidates, but a decision the party was legally allowed to make.

Mo Saiidi, then the chairman of the county’s Republican Party, resigned last fall following his opposition to the party’s decision to hand-count ballots in the primary election.

“Anybody who would have come into that job would have been thrown into a hornet’s nest, to be honest with you,” Saiidi said.

Saiidi was a member of the election commission that appointed Riley. He said the county was left scrambling when former elections administrator Anissa Herrera — who’d run elections there since 2019 — and her staff quit. He’s concerned that it could happen again.

“It’s the same now with Jim there,” Saiidi said. “The same barrages of baseless complaints. This is not healthy, we’ve gotta do something. We need to let them do their jobs.”

“The will of the people”

Texas law allows the political parties to choose the ballot counting method for the primary elections. For the March 5 primary, Republicans in Gillespie have decided they’ll hand count all ballots cast during early voting and on election day.

The party is also taking an additional step to make its election more analog. On election day, the party will ditch electronic poll books, used to check voters in at the polls. Instead, they’ll use printed voter rolls prepared by Riley’s staff.

But during early voting, under Texas law, it’s Riley who gets to decide how to check in voters at the polls during that two-week period. And he has insisted on using the county’s electronic poll book – a system he says is reliable and more efficient in what is typically a high-turnout election.

That’s upset the local activists, who falsely believe election officials can use the electronic poll books to manipulate election results.

For weeks, Republicans and Tea Party members who opposed using the electronic poll books have sent out a ‘call to action’ for residents, asking them to write letters to county Judge Daniel Jones and other county commissioners in hopes they will tell Riley to change his mind.

Over a week ago, Republican precinct chairs Tom Marschall and David Treibs created a 20-minute video about Riley’s decision to “do something other than what the people want,” posting it on social media. In the video, they also suggested that residents ask the county to get rid of the elections administrator position entirely and give those duties to an elected official, such as the county clerk or the tax assessor-collector. Marschall told Votebeat that if Riley were to “abide by the will of the people” he wouldn’t have raised these issues.

“We just want to do it the old fashioned way and do it on paper, and nobody’s going to be able to add 1,000 names to that list when I’m sitting there, guarding it,” Treibs — who could not be reached for comment — said in the video. “Nobody’s gonna mess with that stuff when I’m there. I can guarantee you that.”

In the video, he went on to say that because Riley isn’t elected, “Jim Riley doesn’t answer to anyone and I don’t think that’s a good thing. But we want to try to pressure him and… be nice of course.”

Election administrators are nonpartisan positions appointed by an election commission made up of the county clerk, the tax assessor-collector, the chairs of the local political parties and the county judge.

“Right now, I’m experiencing a mess”

So far, Riley hasn’t budged on the demands from the activists. Instead, he’s been focused on rebuilding trust and learning as much about elections as possible. In January, he attended a conference and training for Texas election administrators, networking with other election directors across the state and with staff at the Texas Secretary of State’s Office.

He says he often calls election directors from neighboring counties for advice and doesn’t shy away from admitting that he still has a lot to learn. He takes tips and examples on what he can do to rebuild trust in local elections. The lightly attended public forum was one such attempt.

With the pressure of learning the ins and outs of elections, in a state where laws are often changing, and in a county where election officials have in the past found the job to be too much, some election administrators say support from county commissioners — who control the county’s budget and resources allocated for the elections department — goes a long way.

In Llano County, about 30 miles north of Gillespie, Andrea Wilson has been the elections administrator for over a year. She quickly learned that the job required her to become an election law expert, a record-keeping expert, a logistical manager, a trainer for election workers, a budget strategist and an office administrator to keep track of supplies, among other duties.

And the hours of work are extensive. Wilson’s kept track: The two weeks of early voting now covers 115 hours that election administration staff must be present in the office and an additional 17-plus hours on election day, she said.

“With all of that resting on your shoulders, could you then imagine having to fight with your county commissioners for the staff necessary to support that mission or a budget to pay for all the necessary supplies?” Wilson said. “Or even worse is adding to your already overflowing plate the spread of misinformation.”

Without support, Wilson said she wouldn’t have lasted a year on the job in Llano. She said it should be “the standard” for all counties to provide that kind of support to their elections departments.

When Herrera, the previous elections administrator in Gillespie quit, in her resignation letter she told county officials that “the threats against election officials and my election staff, dangerous misinformation, lack of full-time personnel for the elections office, unpaid compensation,” had in part made the job “unsustainable.”

Her staff was made up of one more full-time employee and a part-time employee. She’d asked county officials for two more full-time employees but the county only approved one and it’s unclear whether it was filled or whether the county plans to allocate funding to pay for additional workers in the future. Gillespie County Judge Daniel Jones did not respond to Votebeat’s multiple requests for comment about how the county plans to support its elections department and to help retain election staff in Gillespie.

The number of people working in the Gillespie elections department remains the same: two full-time employees, including Riley, and one part-time employee.

Although at times he admits the pressures of the job can be overwhelming and frustrating, Riley told Votebeat he is confident he has the support of Jones and other county commissioners. And he relies on his faith often to keep at it, any time he’s discouraged, he said. But he’s committed to running elections in the county as long as he can.

“In the midst of everything that is just kicking you in the butt. If you spend a little time in the word, spend time in prayer and you seek it through Jesus. You’ll be amazed at what he allows you to experience,” Riley said. “So, right now, I’m experiencing a mess, but I haven’t felt alone in it at all.”

Natalia Contreras covers election administration and voting access for Votebeat in partnership with the Texas Tribune. Contact Natalia at ncontreras@votebeat.org.

Votebeat is a nonprofit news organization committed to reporting the nuanced truth about elections and voting at a time of crisis in America.

Why this South Texas county closed half its early voting sites for 2024

SINTON — At church last month, Pam Hill’s neighbor approached her after service and asked her if she'd be opening an early voting location in their small town of Odem, just as in previous election years.

“I can’t. I’m sorry,” answered Hill, who has run elections in San Patricio County for more than two decades. “You’ll either have to wait for Election Day, or you’ll have to come to Sinton.”

Sinton, the South Texas county’s seat, is about 7 miles from Odem, a 10-to-15 minute drive down US Highway 77. But Hill knows some elderly voters in her community won’t, or can’t, make that trek. And she’s worried about it.

“My concern is, what if something happens to them between early voting and Election Day? What if they get sick, or they can’t walk? They won’t be able to go vote,” Hill said.

But Hill has no real choice but to reduce the number of early voting locations in San Patricio County from the eight offered in previous elections to four this year — she’s also shutting down longstanding sites in the small towns of Taft, Ingleside, and Gregory.

Texas lawmakers last year passed a new law requiring all counties, regardless of population, to comply with extended early voting hours at all sites. The law provides very little funding, and Hill’s budget won’t stretch to support the new requirements at all of the county’s previous sites. That means a law intended to give voters in rural areas more opportunities to vote will instead have the opposite effect, as cash-strapped small counties shut down sites when they don’t have the budget to meet the new requirements.

Lawmakers “have no idea what they’re doing to voters in my county,” Hill said. Prior to the new law, small counties had more flexibility. “To me, instead of helping voting, it’s hurting voting. We’re taking their right away” by closing those locations.

What HB 1217 says about extended early voting days and hours

The number of additional early voting days and hours required by House Bill 1217 depends on the election.

For the typically high-turnout March primary and November general election, the main early voting location — usually the county courthouse or the county’s elections administration office — must be open for at least nine hours every weekday except holidays. Early voting sites must also be open on the same days as the main location for at least eight hours each day. In the last week of early voting, the main early voting location must be open for at least 12 hours every weekday and Saturday, and at least six hours on Sunday.

Some of the early voting locations in San Patricio were typically open for less than a handful of days per week, and for seven to eight hours per day. But it was more than nothing.

In the heavily Republican county, less than an hour north of Corpus Christi and home to more than 40,000 registered voters, the money to pay election workers for the additional hours and days are not in the budget. Hill is already digging for money to deal with a different new law, which requires the county to add more polling locations on Election Day. The voting equipment for three required additional locations cost taxpayers more than $80,000, Hill said.

Hill told county leaders about the new requirements and requested more money to pay election workers for the extra hours. County leaders told her they did not want to put an additional burden on the county’s taxpayers and didn’t grant the increase.

The new law allows counties to dip into funds, known as Chapter 19 funds, that the state provides to counties for voter roll maintenance. The amount of money each county receives varies based on how many voters the county adds and removes from the roll, generally 25 cents to 40 cents for each one. The greater the number of registered voters in the county, the more money it can potentially receive.

In smaller counties, however, election officials say the money isn’t enough to pay for extended hours and the workers required to support them. Some counties’ elections departments have seen as little as $900. In some counties where the voter registrar is also the tax assessor-collector, the county clerk’s office, which is in charge of elections, doesn't have access to the funds at all. Every other year, San Patricio receives about $15,000 from the fund, but the county spends that money paying part-time election workers who perform voter list maintenance duties and for internet access costs, which aren’t going away.

That means there’s no new money to pay for the costs associated with the extended hours now required for early voting sites.

San Patricio’s neighbors, Refugio and Bee counties, typically operate only one early voting location each, which is a common practice in rural counties across the state. For years, San Patricio did the same, before Hill decided to add more in response to requests from voters.

The requests made sense. San Patricio extends more than 55 miles across, and elderly residents prefer voting in their own community. Other residents work in agriculture, steel mills, or the oil and gas industry, and commute daily across surrounding towns and counties for work. More early voting locations made things easier.

Pam Hill, San Patricio County elections administrator stands in the county’s main early voting location inside the elections administration office in Sinton, Texas on Jan. 26, 2024.

Pam Hill, San Patricio County elections administrator at the elections administration office in Sinton, Texas on Jan. 26, 2024. Credit: Natalia Contreras/Votebeat

The county began to offer one day of early voting in various towns across the county back in the mid-2000s, later adding early voting sites in the towns of Odem, Taft, Mathis, Ingleside, and Gregory for one to three days, depending on the type of election. Hill said anywhere between a handful of voters to a couple hundred would cast ballots at those locations.

“At least they had the opportunity,” Hill said.

“One size does not fit all”

During a legislative hearing in March, state Rep. Valoree Swanson, a Republican who proposed the bill, said her goal was to “make it better for our good people in rural areas.” Swanson, who represents a district in Harris County, the state’s most populous, said voters in rural areas may have to travel long distances to the polls, and the extended hours would give them more time to get there.

The bill passed with bipartisan support and went into effect in September. Swanson did not respond to a request for comment.

Similar legislation to standardize voting hours across counties, ostensibly to increase voting access, has been approved in other states, and similar problems have followed where election officials lack the resources to keep up with the demands.

In 2018, North Carolina legislators approved Senate Bill 325. Not long after, nearly half of the state’s 100 counties had to shut down some early voting sites, in part because of the law. The state did not provide additional funding for the counties to comply.

Experts say research has shown that requiring additional locations or extended hours can negatively impact voters’ experience in jurisdictions that are strapped for funds.

“When legislatures try to manage local governments, it invariably fails because one size does not fit all,” said Bob Stein, a political science professor at Rice University who has done research on when and where people vote, and on early voting. “You’ve got to trust local election officials. The people that run elections in their jurisdictions, who have the data about their own jurisdictions, they should be trusted to make these decisions about the hours and locations they need.”

Some residents who used San Patricio’s early voting sites aren’t happy.

Isabel Martinez, 56, a resident of Odem, has for years voted early in town because “it’s just convenient and I can go just whenever I have some time,” she said. But now, Odem’s early voting location at the Planter’s Grain Co-op won’t be available until Election Day.

Martinez, who works at a fast food restaurant in the evenings, said that whether she votes at all in the March primary, and when, is now up in the air. It’ll depend on her work schedule. She says others in her community may feel the same way.

“People who usually do early voting, if there’s not a place, it’s going to deter them. They’re just not going to do it,” Martinez said. “And on Election Day, if there’s a long line and people can’t wait forever … they’re going to leave and not vote.”

Residents of other counties are facing similar constraints. In West Texas, the new mandate has prevented at least one county from opening additional early voting locations.

Krystal Valentin, the election official in Terry County, a small rural county southwest of Lubbock, told Votebeat that prior to the passage of the new law, she was planning on opening an additional early voting location for residents in the town of Meadow. Many residents in the town, she said, are elderly people who are homebound or unable to drive long distances.

But she’s had to scrap that plan. It’s simply not something the county can afford to do. In order to fulfill the extended hours requirements, the county has already spent an additional $20,000 in order to pay additional workers to fill the shifts at the existing sites. Adding more is out of the question.

“If we could offer an additional location for those voters in Meadow for a day or two, for a couple of hours, we would do it,” Valentin said. “But now because this law says we have to have so many days and so many hours, we can’t afford to do that.”

Has your county closed early voting locations near you due to the new mandate? We want to know how it’s impacting your ability to vote. Email Votebeat reporter Natalia Contreras at ncontreras@votebeat.org

Natalia Contreras covers election administration and voting access for Votebeat in partnership with the Texas Tribune. She is based in Corpus Christi.

Disclosure: Rice University has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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Push to hand count ballots throws a Texas county’s election administration into chaos

Responsibility for running elections in Kerr County has shifted among three different people in the past two months. The first two officials bailed on the job after a months-long effort by one Republican county official to rid the county of electronic voting equipment and begin hand counting all ballots. The push has divided the overwhelmingly Republican county — a verdant stretch of the Hill Country split by the Guadalupe River — and will cost taxpayers around $250,000 due to the many changeovers.

So far, the effort has failed. Still, Kerr County Republican Party Chair Paul Zohlen told Votebeat the effort — led largely by Republican County Commissioner Rich Paces — has “single-handedly taken a wrecking ball to one of the finest election departments in the state.”

“This had never happened before,” Zohlen said. “And now the county clerk will have to put together a team and impart the 10 to 15 years of experience they need by March of 2024.”

Until late August, elections in Kerr County, home to Kerrville and with a population of more than 50,000 people, were managed by the tax assessor’s office. Bob Reeves, a Republican elected to the role in 2018, told Votebeat he refused to continue the work because of the growing distrust in elections there, which made an already time-consuming, stressful, and low-paying job nearly impossible.

“I was put between a proverbial rock and a hard place,” Reeves said. The recent demands for hand counting stemming from baseless suspicions about the security of the current system, he said, made the work seem hopeless.

The duties, therefore, were transferred to Jackie Dowdy, the county clerk. She, too, refused and resigned her position entirely. Her chief deputy, Ian Collum, was appointed as interim clerk while the county conducts the search for her replacement. He and others in that department, which has not handled elections in more than a decade, will now be placed in charge of helping Kerr County’s 40,000 registered voters cast their ballots in 2024.

Fueled by misinformation and baseless claims that electronic voting equipment is manipulated to change election results, the push to hand count ballots in Kerr County is similar to other efforts happening across Texas and elsewhere. Communities that have recently embraced hand counting of ballots — a method that election administration experts have said and studies have shown is less accurate, more costly, and less secure — have become hotly divided. In some cases, such as Cochise County, Arizona, it has pushed election officials out of their jobs and fractured trust in local elections.

Experts told Votebeat it may take years to undo the chaos and to restore the erosion of trust in elections that the effort to hand count has created in Kerr and elsewhere.

“These communities are spending an incredible amount of time trying to solve a problem that doesn’t exist. And as a result, creating a whole series of new very real problems,” said Justin Grimmer, a professor in the department of political science and a senior fellow at the Hoover Institution at Stanford University who is currently conducting research on efforts to hand count ballots in counties across the country.

Only a small handful of counties in Texas — all with populations of fewer than 10,000 residents — hand count their election results. In West Texas’ Glasscock County, which has fewer than 800 registered voters, it made little sense to buy expensive equipment for a job that could easily be done by hand, for example. Their small numbers and short ballots allow these counties to complete and submit vote totals within 24 hours of the polls closing on Election Day.

Right now, the effort to hand count ballots in Kerr County has reached a stopping point. This fall, a vote to change the county’s counting process ahead of 2024 failed. But neither Paces nor county election officials believe this fight is over.

“This was just the first skirmish,” Paces told Votebeat.

Behind a counter of clerks who help residents update their vehicle registration, their property taxes, file paperwork for various licenses and update their voter registration is Bob Reeves’ small office. It’s often hard to see the surface of his desk, covered as it is in stacks of paperwork. The bookcase behind him holds even more stacks — reflecting the amount of work Reeves has had to handle as the county’s tax assessor and election official, with multiple, back-to-back state-mandated deadlines he has to meet to fulfill both roles.

Reeves said that over the years he and his staff knew of some in the community with questions or perhaps a general distrust of the elections process. “But we always tried to the best of our ability to help people understand,” he said.

Defending the process, and his job, however, became a lot more difficult when the distrust came from someone like Paces, a man seated at the commissioners’ court dais.

In the past eight months, Reeves kept finding himself constantly having to pull away from the stacks of motor vehicle registration, property tax and elections paperwork he had to complete in order to prepare for the next commissioners court meeting where the voting equipment he uses would be questioned — often without regard for facts.

The prospect of hand counting put Reeves, he told Votebeat, in what he perceived to be legal jeopardy. If the county were sued over the results of a future election, or if a lawsuit questioned the accuracy of hand counting, he would not be able to defend the practice in a courtroom. He also had no confidence that hand counting could be done in the time set under law, which requires counties to report results 24 hours after polls close. He also would not be able to explain why commissioners disagreed on whether to trust electronic vote-counting equipment even though he says he has confidence in the machines.

“Without their unanimous support I could not do my job properly,” Reeves told Votebeat after he resigned his election duties in August. By law, unless the county creates an elections department and appoints an elections administrator, the county clerk must serve as the county elections officer. The Texas Election Code allows the county commissioners, however, to transfer the election administration duties from the clerk to the tax-assessor collector, if needed – and if both departments are in agreement — which Kerr County did in 2008.

Jackie Dowdy, the county clerk who resigned in September, did not respond to Votebeat’s requests for comment about the reason behind her resignation. During a public meeting two weeks after Reeves announced he’d relinquish his duties, Dowdy appeared frustrated about the last-minute change to her department and said Reeves never reached out to her about his decision.

Under the transition plan for elections, Reeve’s office will continue to handle voter registration duties and only one of Reeves’ staffers would move over to Dowdy’s former department. “Having only one position move means I’ll only have one experienced person and that is not good,” Dowdy told the commissioners, requesting three additional staff members. “This is also going to affect the entire staff. I need space, I need desks, desktop computers, so, it’s an expense.”

The estimated cost the commissioners budgeted for such expenses comes to around $250,000, which will be borne by Kerr County taxpayers.

Paces ran for his seat on the Kerr County Commissioners Court last year with a campaign focused on frugal spending and election integrity. An Ohio native and retired engineer, Paces and his wife moved to the Texas Hill Country in the early 2000s.

After being on the job for less than a month, he began to receive text messages from local right-wing activist Alicia Bell, who said she was at the Capitol for an “election integrity legislative briefing.” The event featured Bob Hall, a Dallas-area senator who has for years pushed to eliminate electronic voting equipment; Texas GOP Vice Chair Dana Myers, who led efforts to remove Texas from an effective voter list maintenance tool; and Russ Ramsland, a Texas businessman who is widely known to spread false election conspiracies.

“Can you put voting on the agenda?” Bell asked Paces via text message, according to records obtained by the news outlet the Kerr County Lead and shared with Votebeat. “The whole presentation was jaw dropping.” Bell has been a thorn in the side of Kerr County government since she moved to the area from California. She’s a frequent speaker at commissioners court meetings who has denied that the COVID-19 pandemic is real and is against vaccine mandates.

“We are here to govern the local community. We’re not here to listen to what’s on the internet, or what’s on Fox News,” Kerr County Judge Rob Kelly — who declined Votebeat’s multiple requests for comment on this story — told Bell in 2021 after she claimed doctors were trying to scare the public by inflating positive cases of COVID-19. “I know you’re new from California, and you don’t understand how Texas local government works. We’re required to abide by and follow the law.”

Less than a month after Bell sent Paces that text message, in February, he added the topic of elections as an item on the commissioners court agenda. He proposed hosting an election integrity workshop, where the public and the other county commissioners could hear from “experts’’ first-hand.

The commissioners agreed to host the workshop, and the first took place in March at the county commissioners court. Reeves was asked to be on hand to explain the relevant laws and existing procedures, and a representative from Texas-based election machine vendor Hart Intercivic went over the company’s security features that protect voting machines from tampering. Then, Paces brought on Mark Cook, an election conspiracy theorist and self-described IT expert from Colorado who has for months without success tried to persuade Texas counties to get rid of their voting equipment while driving a branded RV from county to county. He’s been to Uvalde, Nueces, Bexar, Fort Bend, Montgomery, Denton and Gillespie Counties, among others, where county leaders and election officials have rejected his proposals.

Days after the event, Paces traveled to Waco for former president Donald Trump’s first 2024 presidential campaign rally.

Meanwhile, Reeves tried other ways to show Paces and the other commissioners that hand-counting the ballots of the county’s more than 38,000 registered voters would not be feasible. With the help of county workers, Reeves tested how long it would take to count 100 ballots from Kerr County’s March 2020 Republican primary: “With fresh eyes, it took an hour to count 32 ballots,” Reeves said.

He also warned that the county already struggles to find enough election workers and the facilities for the 20 polling locations for each election. In order to hand count, the county would likely need to double the number of poll workers, the funds to pay them and larger spaces to conduct hand counts based on the number of ballots. “That’s more than 200 people that we’d need to work nonstop,” Reeves said.

None of the evidence Reeves or others showed to Paces changed his mind.

The records shared with Votebeat show that activists from local far-right political action committee We The People and other voter fraud activists from neighboring counties have helped drive this momentum. He also had the help of national names in the “election integrity” movement, such as Seth Keshel, that has grown out of the lies about the outcome of the 2020 election.

In August, around 300 people showed up to an Election Integrity Town Hall that Paces organized, packing the expo hall at the county’s fairgrounds in Kerrville. The event lasted nearly six hours.

Many were there to see Tina Peters, the former Mesa County Colorado clerk who was indicted last year on felony and misdemeanor charges related to election equipment tampering after she allowed unauthorized people break into her county’s election system in hopes of finding evidence of fraud. As she walked in, Peters received a standing ovation from the crowd of mostly senior citizens. The crowd fell silent when she took the stage, listening as she explained why the voting machines and government officials — including those who arrested her — could not be trusted. She also denied any wrongdoing on her part related to criminal charges against her, and provided no evidence that Kerr County’s elections were flawed.

“These are Democrats and Republicans, Marxists and globalists who want to take your country,” Peters said before promoting her website, her live streamed video show and an upcoming documentary about her. “They put the people in [office] that they want. They are selected, not elected.”

Other speakers included Keshel, Hall, and Cook, who is connected to self-proclaimed “election integrity” groups across the country, and to clerks who have tried to illegally obtain access to voting systems. He described hand counting as a type of salvation for towns seeking to boost election confidence.

Cook told the crowd that government and election officials are using electronic voting equipment to tally votes because “they think we, the citizens, the peasants are too dumb to count their own votes. Not anymore,” Cook said. The crowd cheered, with a handful of onlookers shouting “Amen!”

Records show Paces arranged travel and personally paid expenses for Peters and Cook. Both stayed as guests in his home east of the county.

In September, he formally proposed the county hand count ballots for the upcoming November general election.

The vote failed to move forward after no other commissioners, also all Republicans, would second the motion. Its failure, though, was not indicative of a lack of enthusiasm in the county — the room was filled to capacity, and more waited outside the room in order to be heard on the measure.

Most of those who showed up to speak were Republicans — 75% of the county voted for former President Donald Trump in 2020. They were divided by the prospect of hand counting ballots.

Bill Ragsdale, a Kerr County justice of the peace, reminded those present that hand counting will slow the process tremendously, potentially impacting the entire state of Texas. In the 80s, he said, he assisted during an election where “Kerr County held up the entire state’s election for three days because we were hand-counting,” he said. “[Counters] worked all night long, through the next day and through the next day to try and count all the votes. Know how accurate that count was? I don’t know. We were all ready for it to be over.”

For those in favor of hand counting, objections about cost and time didn’t make much of a difference. “There is no trust right now in our current system and we need to fix that,” said Roger Hall, a resident of Ingram who told the crowd he was in favor of hand counting and did not trust voting machines. “That’s what a lot of people here today are here for.”

Paces has also taken this show on the road.

In Medina County, a small county two hours south of Kerr County, he and Cook took the stage days after his August event in Kerr, to advocate they, too, take up hand counting. Paces, who has never worked an election, led a group of people to demonstrate how a hand count would be done. Four people sat around a table and pulled out ballots from cardboard bankers boxes and started tallying.

Paces encouraged those who attended the demonstration to gather around the table to see how it’s done up close. “You’ll see this is very transparent,” he told the crowd and reassured them the counting would be done quickly.

“My plan is to have people come in to start counting ballots at 2 in the afternoon. Five hours worth. You’re done by the time the polls close. It’s a matter of getting enough people,” he said.

It’s not clear what Paces’ next move is, though he told Votebeat he is committed to enacting this change, regardless of the damage it does to the county. He rejects the assertion that hand counting would cost more money and take substantially more time with less confidence in the final results, despite having no supporting evidence to offer. He says he’d gotten hundreds of people signed up to volunteer to hand count in Kerr.

“And more people are calling me and telling me, ‘hey, sorry it didn’t work, but I’ll hand count, put me on the list,’ and more will come forward,” Paces said. “It’s almost like a movement of civic pride, and that’s great.”

Correction, Oct. 13, 2023: An earlier version of this article misspelled the name of the Kerr County deputy clerk. His name is Ian Collum.

Natalia Contreras covers election administration and voting access for Votebeat in partnership with the Texas Tribune. Contact Natalia at ncontreras@votebeat.org

Chalkbeat is a nonprofit news site covering educational change in public schools.

What’s at stake in the long-awaited trial over Texas' sweeping 2021 elections law

Editor's note: This article was updated by the original publisher because it incorrectly reported some information about SB 1’s provisions. SB 1 did not ban absentee ballot drop boxes. The law codified rules for in-person delivery of absentee ballots to election workers at drop-off locations.

The law did not set new requirements for all people driving more than seven voters to the polls. New requirements apply only if those voters use the curbside-voting option.
The law did not eliminate an employer’s obligation to let employees take time off to vote. The law provides an exception to employers under some circumstances.

Two years after voting rights groups challenged Texas Republicans’ sweeping overhaul of its voting and election laws, the case comes to trial Monday in a federal court in San Antonio. The lengthy roster of plaintiffs will argue certain provisions of the new law made it harder for voters of color to cast ballots, with some alleging the effect was intentional.

More than 20 state and national organizations brought a collective five lawsuits against the law, often referred to as Senate Bill 1, that have been consolidated into this case. The groups claim several provisions of the law violate federal laws including the Voting Rights Act, the Americans with Disabilities Act, the Rehabilitation Act and the First, 14th, and 15th Amendments of the U.S. Constitution.

The trial is expected to go until late October, and U.S. District Judge Xavier Rodriguez may not issue a decision until months later. Experts say it’s unclear and too soon to tell whether a decision will come in time to affect elections and voting in 2024, especially since appeals could draw the process out.

Republicans rammed the law through in 2021, with Democrats accusing them of legislating in response to baseless and unsupported allegations of nonexistent voter fraud. Ever since, election observers have closely monitored the effects of the law’s changes to how Texans vote and how election officials administer elections.

“These rules have gotten so incredibly complicated, that now [voters] almost need a lawyer to understand what you can and cannot do,” said Nina Perales, the vice president of litigation at the Mexican American Legal Defense and Educational Fund and a lead attorney representing plaintiffs La Union del Pueblo Entero and the Southwest Voter Registration Project.

For example, she said, it’s now illegal for a person who assists voters to receive or accept compensation. That’s the sort of work nonprofit advocacy groups have done for several years, especially for the elderly and people with disabilities.

“Some people don’t speak English. Some people can’t read or write. We have a lot of elderly in our community, people with disabilities, too. It is not true that every voter has somebody in their house with them, who can help them navigate the process. Some people turn to community resources for that,” Perales said.

Among the provisions the plaintiffs are challenging:

  • One that prohibits election officials from distributing mail-in ballot applications to voters who did not request them. The provision came in response to an effort in Harris County, the state’s most populous, to expand voting access during the 2020 COVID-19 pandemic, when election officials sent out absentee ballot applications to voters who were eligible to use them.
  • A ban on 24-hour and drive-thru voting. Harris County also provided those voting options during early voting in 2020. Republicans challenged drive-thru voting unsuccessfully at the time, and later banned it as part of SB 1.
  • A provision that limits dropping off absentee ballots. SB1 cements into law a state policy requiring voters who deliver absentee ballots in person to do so by giving them to an election official, who attests that the voter provided their name, signature, and identification when delivering their ballot. *
  • New requirements for anyone who provides transportation to more than seven voters using curbside voting. These drivers must submit their personal information and authorization for providing such transportation to the government.*
  • Provisions restricting providing assistance to voters casting a ballot at the polls and completing absentee ballots. Those providing assistance at the polls must fill out a form with an oath affirming the voter is qualified to receive help. Those helping voters with their absentee ballot must provide information about their relationship to the voter and whether they are being paid.
  • An exception to an employer’s obligation to give employees time off to vote. When polls are open for two consecutive hours outside an employee’s work schedule, the law stipulates that their employer is not required to give them leave. *
  • Provisions that expand poll watchers’ access. The law limits election workers’ ability to remove those poll watchers “who intimidate voters or otherwise interfere with the voting counting processes,” the lawsuit says.

Some decisions reached before trial

Senate Bill 1 created new requirements for Texans who qualify to vote by mail. They are now required to provide either a driver’s license number or the last four digits of their Social Security number on their absentee ballot application and the envelope used to return their completed ballot, whichever matches the number the state has in its voter registration file. Last month, Judge Rodriguez, who is overseeing the trial, said that provision is illegal, though it remains in effect pending an injunction. More evidence against the provision will be heard at trial.

For voters who qualify to vote by mail — elderly voters, voters with disabilities, college students living away from home or any voter who isn’t in the county at the time of the election — the ID requirements have added barriers to having their votes counted, said Zachary Dolling, senior staff attorney for the voting rights program at the Texas Civil Rights Project and who represents OCA-Greater Houston, a chapter of the OCA-Asian Pacific American Advocates, as plaintiffs challenging that provision.

Months after the law went into effect, 24,000 voters who tried to vote by mail in the March 2022 primary had their ballots rejected due to the new ID mandates.

“These ID-matching provisions throw out votes on the basis of immaterial irrelevant paperwork. Errors that have nothing to do with whether the person is an eligible voter,” Dolling said. “The other plaintiffs’ groups will be able to show at trial that the burden of these mail ballot rejections falls disproportionately on people of color, as well.”

Last year, a provision restricting assistance at the polls for voters with disabilities and limited English language proficiency was permanently blocked in a separate lawsuit after a judge found it violated the Voting Rights Act. That provision is now no longer in effect and thus, won’t be part of this trial.

The law also added ballot security requirements to the election administration process in the state, including a mandate for elections administrators in counties with a population of more than 100,000 people to provide 24-hour video surveillance of any area of the election office that contains voted ballots, including the room where the votes are counted on election night. Taxpayers in those counties footed the bill for costs associated with the new rules. This provision isn’t being challenged in court.

The Texas Attorney General’s office is representing the state.

In a pretrial order filed by the parties last week, the office said the law was enacted to prevent fraud, promote voter access, and to make the conduct of elections in Texas uniform throughout the state. None of the challenged provisions created a racially disparate impact, the state maintains, and no challenged provision “blocks or seriously hinders voting by members of any minority group.”

The attorney general’s office did not respond to a request for comment.

Among the list of plaintiffs are organizations advocating for Latino, Black, and Asian-American voters: the Southwest Voter Education Project, the League of United Latin American Citizens, OCA – Asian Pacific American Advocates, and REV UP Texas, which advocates for voters with disabilities, among others. Among the named defendants in the case are Texas Secretary of State Jane Nelson and interim Texas Attorney General Angela Colmenero.

To support their claims, the parties will call a total of 52 witnesses over the next month, including county election administrators from across the state, voters, Republican and Democratic lawmakers, representatives of the Texas secretary of state, and experts in political science and voting rights.

Whatever happens in the trial, SB 1 is far from the Legislature’s last word on the state’s elections. This year, legislators proposed more than 100 new laws, some of which passed. One that abolished the elections administration department in Harris County is now being disputed in court.

Natalia Contreras covers election administration and voting access for Votebeat in partnership with the Texas Tribune. Contact Natalia at ncontreras@votebeat.org

Chalkbeat is a nonprofit news site covering educational change in public schools.

After 'seeking God's guidance,' a network of conservative election activists springs from a Texas county

For more than a year, a coordinated group of Texas activists have mounted a statewide effort to further former President Donald Trump’s lies about the 2020 election: They’ve sent voters hundreds of postcards requesting personal information, questioned residents at addresses pulled from voter rolls, and examined thousands of ballots for unspecified irregularities.

So far, despite the work of what they say are dozens of steadfast volunteers across the state, they’ve offered no compelling evidence of mass fraud.

That isn’t slowing them down.

“We are a grass-roots organization in Ft. Worth/Tarrant County that has been praying and seeking God’s guidance regarding suspicious election statistics following the Nov 2020 elections,” members of the Tarrant County-based group wrote to the secretary of state in an email late last year. He met with them a month later, but said nothing came of it.

Similar efforts by affiliated groups are taking place in Harris, Hays, Travis, Williamson, Bexar, Bell, Collin, and Dallas counties. But the work appears to be rooted in Tarrant County, home of Fort Worth — Texas’s reddest major city whose future as such remains unclear.

This work echoes efforts nationwide by allies of former President Trump who have been sowing doubts about the integrity of the vote, advocating for the creation of groups such as this one to investigate and monitor the administration of elections at a local level.

Interviews with more than half a dozen local and state officials, as well as emails obtained by the watchdog group American Oversight and shared with Votebeat, paint a vivid picture of a coordinated network of activists eager to find an audience for its claims. Officials say the group has offered no valid evidence of fraud despite a relentless and wandering investigation.

“Texas voting processes are not okay,” the network’s leaders wrote on an informational flier earlier this year. The conspiracy-laced screed featured a QR code linked to a 13-minute video by embattled Colorado clerk Tina Peters, who by that point had been charged with a list of federal and state crimes for tampering with election equipment and was running for the Republican nomination for Colorado Secretary of State. She would later lose handily, blaming fraud.

In early 2021, the network of activist groups began filing public records requests seeking voter rolls and the ability to inspect physical ballots in counties across the state. Once they got access to the voter roll — a public document — their on-the-ground activity began in earnest. In June of last year they sent canvassing postcards to Fort Worth voters asking them to enter their personal information into a website, to ensure “no irregular votes were added and that people’s votes counted” in the 2020 election. Voters, alarmed, contacted state and local elections officials to ask if the inquiries had come from them. They had not, and voters were told to give the group no information.

By July 2021, volunteers were knocking on doors in Tarrant County attempting to verify voters’ addresses and ask whether they had voted. Since then, affiliated groups have done the same in Collin, Hays, Harris, Travis, and Williamson Counties. They claim they’ve knocked on more than 10,000 doors.

The emails provided by American Oversight show the level of coordination between the Tarrant County group, called Tarrant County Citizens for Election Integrity, and like-minded organizations across the state. Most notably with Alan Vera, the chair of the Harris County Republican Party’s ballot security committee, who has been baselessly sounding the alarm on voter fraud in Texas for the better part of two decades. The Harris County Attorney’s Office announced in July it was investigating allegations of Vera’s group — the Texas Election Network — knocking on doors, verifying voters’ addresses and asking them to sign affidavits.

Vera did not respond to a request for comment, and no one could tell Votebeat what, if anything, had been learned from knocking on so many doors. Dan Bates, a Fort Worth attorney who is the Tarrant County group’s head counsel, presented no evidence that could be successfully used to prove fraudulent activity.

His group also came bearing little in the way of proof in December 2021, when he and eight others successfully invited newly appointed Secretary of State John Scott for breakfast at the Colonial Country Club in Fort Worth — a swanky, members-only golf club with a reported $80,000 initiation fee.

Scott, who briefly represented the Trump campaign in a challenge to election results in Pennsylvania before backing out due to an absence of evidence, began receiving emails from the group shortly after Gov. Greg Abbott tapped him for the position less than two months before.

Buff Kizer, a Fort Worth resident and self-identified part-time chaplain, wrote to Scott in November 2021 offering to show Scott “findings of voter rolls and voting issues” in Fort Worth and Tarrant County, including vacant lots, fictitious addresses, and “excessive number of votes from a single address.”

“They did provide a packet of information, I flipped through it,” Scott told Votebeat. Although he turned the packet over to his office’s audit division, nothing came of the complaints. Scott wouldn’t say whether he shared the group’s concerns of voter fraud, only that he acknowledged they have a right to raise them and show their evidence.

“We want the information. And to the extent the information turns out to be relevant, great. To the extent it proves to be irrelevant, then we’ll make sure they understand and we can document why we believe it is irrelevant,” Scott said.

There are legitimate reasons why a voter might list a vacant lot or a P.O. Box on their voter registration forms, Sam Taylor, assistant secretary of state for communications said. Laws protecting the personal information of domestic violence victims, peace officers, and certain public officials allow them to keep their address of residence withheld from public release or anonymized, and voters without a permanent or stable address can register using alternative addresses.

“For example, if a homeless person wants to register to vote, they can say, ‘My residence is at the corner of I-35 and Cesar Chavez.’ And they can put a PO Box as their mailing address,” Taylor said.

Additionally, multiple voters registered at one address could mean that a family of four adults at one location are all registered to vote.

Bates said he and the group are unsatisfied with Scott’s lack of action, and the lack of action of the Tarrant County Commissioners Court.

“If our elected officials are not going to make an inspection [of the machines] we will do it and we will pay for it,” he said, expressing frustration that their requests to do such inspections have been rebuffed.

Scott said his office is already doing its due diligence. The secretary of state’s office is finalizing its own audit of the 2020 election on Tarrant, Collin, Dallas, and Harris Counties — the two largest Republican and two largest Democratic counties in the state, respectively. The first phase was released in December, shortly after Scott met with the group, and revealed no major issues. The full audit should be completed by September.

Scott was far from the only person the Tarrant County group attempted to convince to spare some time. Emails to Scott from the group state that in Collin County they have “cooperative officials at all levels.” Collin County election administration officials did not respond to a request for comment.

Emails show Citizens for Election Integrity also contacted Tarrant County Sheriff Bill E. Waybourn. A sheriff’s office spokesperson would not say whether Waybourn met or communicated with people involved with the group, noting only that “election discussions between the Sheriff and citizens have not revealed evidence of a criminal nature to date.”

Kizer told Scott by email the group also briefed Rep. Steve Toth, a Republican representing part of Montgomery County just north of Houston. Toth, Kizer wrote, “shares our concerns” and was copied on the email.

Toth’s legislative background suggests his sympathies: In 2021, Toth sponsored a bill that would have required a forensic audit of the 2020 results in counties with populations over 415,000 (there currently a dozen such counties). The bill failed.

More alarming has been the spotlight the group has cast on local election administrators. In Tarrant County, an outsized share of Citizens for Election Integrity’s ire has been directed at Heider Garcia, the election administrator.

In the fall of 2020, a ham-fisted and sloppily produced video called “Who is Heider Garcia?” began making the rounds on rightwing social media. Toth, the sympathetic state representative, shared the video on his own Facebook page. “Heider Garcia of SmartMatic is grilled in the Philippines over voter fraud. He now runs election (sic) in Tarrant County, Texas. What could possibly go wrong?” he wrote in late November 2020. “Democrats play to win while Republicans play for a participation trophy.”

The video made its way onto sites like 4Chan and 8Chan, known for hate-filled content posted by conspiracy theorists, resulting in near constant harassment for Garcia. Tarrant County Citizens for Election Integrity shared the video repeatedly on its own channels.

It alleges Garcia — who worked for election technology company Smartmatic before taking jobs in election administration in California and then Texas — was involved in voter fraud in the Philippines. Garcia can be seen in the video being grilled by a Filipino lawmaker, a remnant of his work implementing Smartmatic voting machines in the country more than a decade ago.

Bates told Votebeat he is familiar with the video but does not know who created it or why, and defended it as “informational.”

Garcia said the allegations in the video are false. Notably, the Philippines never rejected voting systems by Smartmatic and continues to use them.

But Garcia worries about the safety of his family given how personal the attacks have become, he said.

“They will say these things, but then they’ll come in and they’ll be very polite and respectful. You know, like, ‘Oh, no, we know you’re a really good guy. This is nothing personal.’ I’m like, It is personal,” said Garcia. “I’m fed up with it.”

The videos and the social media posts have led to threats, Garcia said. In testimony submitted to a U.S. Senate committee this week, he included pages of screenshots of hostile social media posts and recounted a night in November 2020, after the election, when he and his wife realized their address had been posted online.

“To this day, not a single person or entity has been held accountable for the impact this whole situation had on my family and myself,” Garcia said in his testimony.

The Tarrant County group’s intimidation efforts aren’t stopping Garcia or other election workers from fulfilling their duties.

When Citizens for Election Integrity requested to inspect the paper ballots from the March 2020 GOP primary, Garcia and his staff provided the more than 300,000 ballots and space in the county office to review them. While Garcia would have been within the law to charge the group a fee for the request, he chose not to. The tallying of the ballots by the group was completed last week, though it’s unclear what, if anything, the group found. Election administrators in other counties have received similar requests to inspect ballots and have heard of door-knocking concerns.

A review of Tarrant County Commissioners Court meetings shows that volunteers have shown up at almost every single meeting since the beginning of the year, lodging repetitive complaints with hazy origins. Meetings in other counties, including Collin County and Harris County, have been similarly bogged down with these grievances.

The comments are almost identical: Speakers say there’s a need for more and independently done audits of elections in Texas. They ask to eliminate electronic voting systems and use only paper, and demand precinct-based polling places rather than countywide vote centers.

Tarrant County Judge B. Glen Whitley said he has been on the commissioners court since 1997 and has been a county judge since 2007, and has never seen the public question the integrity of elections in this way. The ongoing stream of speakers in Tarrant County prompted the court to ask Garcia for a presentation to explain elections to the public. “There were so many misstatements occurring in those public comments,” said Whitley. “So we felt like it was important to bring folks together to be able to describe [the election process] step by step.”

In April, Garcia did so. The County Commissioners Courtroom was filled to the brim, with members of the public spilling into the hallway. More than 30 people signed up to speak, many unmoved by Garcia’s explanations. “Stealing elections is stealing our country,” said one speaker, her voice shaking. “We may like big everything, but I don’t think big voting is good any longer.”

Buff Kizer — the part-time chaplain from Fort Worth who’d sent emails to Scott — spoke as well. “The manufacture of even one vote in Tarrant County is not okay,” Kizer said. “This is breaking God’s commandments and it’s something that none of us want to see.”

But that day, there were also many speakers, including election clerks, judges, ballot board members, and poll workers who expressed confidence in the system. The attacks and false claims are wearing on election workers in the county, and some said the continued onslaught is beginning to feel more and more like a personal affront.

“There are thousands and thousands of people, not the election clerks, not even candidates who work elections in our county,” Kate Duffy, a Tarrant County election judge, said to those gathered.

“There’s the pastors who make coffee really early in the morning. There’s the janitors who clean up the schools afterwards. There’s the librarians who set aside their space. And I think it’s a slap in all of our faces to say our elections are not run with good intent.”

Natalia Contreras is a reporter for Votebeat in partnership with the Texas Tribune. Contact Natalia at ncontreras@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

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