This week, Norred Law filed an election contest on behalf of Adam Hanson, who ran during the March 5th primary to be the GOP nominee in the November general election for Constable of Precinct 1 of Tarrant County (the northwest corner of Tarrant). Following a recount, his opponent won with a 19-vote margin. 

Section 221.003 of the Texas Election Code allows contest of elections when the outcome of the contested election is not the true outcome because illegal votes were counted or mistakes were made

This challenge is based on illegal votes cast in the race, the number of which exceeded the margin of victory for Clark. The results of a hand recount of the race identified 9,246 votes for Hanson and 9,265 votes for Clark, for a margin of 19 votes.

We identified 186 voters who registered too late to vote during the primary and another 77 voters whose registration was in a suspended status and who failed to complete the statement of residence as required by state law before voting. 

We also detailed a dozen improprieties in the election’s operation. 

Courts are slowly waking up to the widespread failure of election administrators to ensure proper operation of elections required by the Texas Election Code. Just recently, a Houston district court voided a 2022 judicial race based on these failures. We've also seen recently stories that are detailed and specific and show that our system fails to protect the secrecy of ballots. 

Candidates should see these cases and recognize that Texas elections are not being run properly and they must act quickly in real time when they see improper operations. What that means, in real terms, is proper planning with an attorney who is competent to seek a writ of mandamus to force election officials to follow the law. And if they spot the errors too late, to seek a recount, and during the recount, gather the information needed to contest the election. 

State legislators and other interested parties need to recognize that Texas elections are not being run properly, and the general hope that they can just brush it all under the rug is not a long-term strategy.

Additionally, while everyone loves the convenience of being able to vote anywhere in the county, that's another problem. Recounts are difficult and expensive when one must dig through all the ballots filed anywhere in the county to conduct a recount of a race impacting a small part of the county.