Reported #voterfraud investigation in Nueces County, Texas

I just noticed this story from the Corpus Christi Caller-Times, reporting on an apparent investigation by state authorities into allegations that campaign workers filled out a voter’s mail-in ballot without his direction:

“He said he had a mail in ballot, but it had already been filled out,” Franklin said. “I asked if (Gonzalez) had helped him, and he said, ‘No, she took it from me and she filled it out the way she wanted to.’

“There’s so much fraud there it’s unbelievable,” she added.

Franklin, who has been working Nueces County elections for about 15 years, said a relative of Flores “brought in people every day that she didn’t seem to know.”

This type of fraud is commonplace in the Rio Grande Valley, and was part of the reason Letty Lopez prevailed in her election contest and the court ordered a new election.

Election Manipulation Dies Hard in Weslaco, Texas

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The testimony above is from the Feb. 4, 2014 deposition of Maria Berrones, a proud Weslaco voter who has some experience with current candidate for Wesalco Commission District 5, Lupe Rivera, Jr.

Recently, Rivera, Jr. announced that he would challenge Letty Lopez for the District 5 Commissioner seat, providing another chapter in this ongoing struggle against illegal voting practices in South Texas.

After a four-day trial in March 2014, Letty Lopez, represented by Najvar Law Firm, won a landmark election contest.  She proved 30 illegal votes were cast in the November 2013 election between Lopez and Lupe Rivera, Sr, nearly twice the margin of victory. Ten of those votes were cast by friends and relatives of Lupe Rivera, Sr., who registered to vote in District 5 but did not live in District 5. Twenty votes were illegal because the Rivera campaign had violated one or more Election Code statutes specifically passed to protect against coercion or fraud in mail-in balloting. The district court ordered a new election. Najvar Law Firm successsfully defended the case on appeal, and that opinion–from Texas’s Thirteenth Court of Appeals in Corpus Christi–provides a valuable precedent enforcing the residency requirement in the Election Code, and the anti-fraud provisions regarding mail-in ballots.

Back to Maria Berrones.  Her testimony proved devastating to Rivera’s defense, because here-for once-was a rare example of someone willing and able to testify to exactly the type of coercion and abuse of elderly mail-ballot voters that is commonplace in South Texas elections. She said she requested a mail-in ballot because Lupe Rivera, Sr. had come by her house and suggested that she vote by mail. He told her to call him when the ballot arrived, and not to give it to anyone else. He showed up at Berrones’ house after it arrived, even before she called. She handed it to him and he filled it out. He didn’t ask how she wanted to vote. He handed it to her to sign, then left in a hurry because he had to visit other people.

Berrones’s family was incensed when they heard what happened, and tried to take her to vote in person with them, hoping they could cancel the mail ballot. Berrones testified that she wanted to vote for Lopez. But the poll workers told her that the mail ballot had already been counted, so she could not vote:

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After trial, the district court found the evidence sufficient to conclude that the ballot was illegal, and that since Rivera had completed the ballot, he had “voted for himself,” and the court deducted the vote from Rivera’s total.

Apparently Lupe Rivera, Jr., who had helped his father collect the mail ballots, had an idea that Berrones’ testimony would be devastating. So after she had been subpoenaed by Lopez for a pre-trial deposition, Rivera, Jr. went to her house and tried to convince her not to show up.

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Thankfully, to her great credit, Ms. Berrones showed up and testified courageously.  Her testimony was critical to the case and provides a window into the tactics used in coercing and taking advantage of ballot by mail voters. There were 29 other votes the court also threw out.  Weslaco got a new election, and Letty Lopez defeated Rivera Sr. in the rematch in November 2015.

Weslaco residents filed a criminal complaint with the Texas Secretary of State based on evidence from the election contest, and the Attorney General’s office filed 16 misdemeanor charges against Lupe Rivera, Sr. and two against Lupe Rivera, Jr.  Senior pled guilty to unlawful assistance of a voter, i.e., “while assisting Maria Berrones…knowingly prepar[ing] the voter’s ballot in a way other than the way the voter directed or without direction from the voter,” and got a year in jail (suspended during community supervision) and $500 fine. The state prosecutor testified in a legislative hearing in Austin in September that the Weslaco case illustrated an example of how elections are tained by manipulation of voters through false pretenses. Apparently the prosecutors dropped charges against Junior on account of Senior’s guilty plea.

So, naturally, Lupe Rivera, Jr., who desperately tried to convince an elderly woman to disobey a subpoena, is now running to take back the seat that his father lost after Lopez proved in court that the Rivera campaign had harvested 30 illegal votes.

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One lesson from this is that rooting out these practices and restoring integrity to elections in South Texas–famous for Lyndon Johnson’s “ballot box 13” that miraculously put him over the top in 1948’s Senate elections–will require a sustained effort. I hope the voters of Weslaco turn out in droves in November and send a message in this election.

TX Supreme Court orders Houston City Council to honor referendum petition seeking repeal of ERO

The Texas Supreme Court today issued a decision (with no dissenters) ordering the City of Houston to place on November’s ballot the question whether the city’s recently-enacted “Equal Rights Ordinance”  shall be repealed.  Mayor Parker and the City Attorney’s office have been arguing that the petition was insufficient for various reasons (some of which I have written about before), and Council had refused to honor the petition claiming there were not enough signatures. However, the City Secretary had initially “certified” that the petition contained a sufficient number of valid signatures.  The wrinkle was that the City Attorney had conducted his own review, overlapping with the Secretary’s, concluded the petition was insufficient, and the Secretary’s report to Council referred (but did not adopt) the City Attorney’s contrary finding.

The linchpin of the decision is the fact that the Charter vests the City Secretary alone with the duty to certify whether a petition contains a sufficient number of valid signatures.  The Supreme Court’s analysis is pretty simple:  because the Charter vests the Secretary with certification responsibility, and the Secretary’s report stated that she had certified a sufficient number of signatures, the Council’s duty to act (repealing the ordinance or putting it to a public vote) immediately kicked in.  The Court conditionally granted a writ of mandamus ordering the Council to either repeal the ordinance itself or put it to a vote on the November 2015 ballot, which are the only two options available under the Charter once a sufficient petition has been certified.

This blog will cover this case going forward.  If the City wants to challenge the validity of the petition, the Supreme Court states that the City has the duty to seek affirmative relief stopping the election process.  However, this points up another thorny issue as to when it is appropriate for a court to enjoin an election process that has already begun.  I suspect Mayor Parker will want to file an immediate original petition in district court.

The decision will be warmly received by petition groups across the State.  Municipalities commonly throw up objections to petitions, claiming–often disingenuously–that signatures are invalid for various reasons.  This decision will solve that problem, at least in cases where the official vested with certification duty (like the Secretary here) certifies the petition. Most charter petition procedures are written like Houston’s, where the Council’s duty to act becomes ministerial upon certification.  However, if the official with certification authority acts like the City Attorney’s office did here, petitioners will still be required to go to court first.

 

Effort to remove Port Isabel councilmembers goes to Cameron County court Tuesday

The Monitor reports today on an interesting situation with dueling motions to remove three Port Isabel, Texas councilmembers.  One member filed an agenda item requesting the removal of a fellow member for alleged delinquent taxes; subsequently, a motion was made to remove the original complainant as well as another member.  The latter two were in fact removed after a council vote, but they sued, alleging failure to follow charter procedures and due process before the removal. The hearing Tuesday should be to determine whether the council acted properly in removing the two members.

Federal court enjoins Houston blackout period on political fundraising

NLF represents Trebor Gordon, candidate for Houston City Council at-large in November 2015’s elections.  We filed a lawsuit November 4 challenging Houston’s ordinance that prevents fundraising by city candidates until February 1 of the election year.  The fundamental argument is that Gordon has the right to fundraise for his campaign whenever he wants; he does not have to wait until February 1 to start raising money.  Today, the court issued an order granting Gordon’s request for a preliminary injunction.

SEE ORDER HERE

#LopezvRivera update: Rivera’s amended opening brief now due Jan. 12; Lopez’s response due Jan. 19

According to the court’s original briefing schedule, both parties filed their opening briefs Dec. 29, and then each side was to respond by Jan. 5 to the opponent’s brief.  However, last night the Court of Appeals notified Rivera that he must amend his opening brief (because it lacked the required appendix).  Now he must file the amended brief by Jan. 12.  Then, Lopez must file her response by Jan. 19.