Some Dallas County Republicans on Monday sued the county elections department in a bid to require voters to cast ballots for the May 26 primary runoff at specific polling places in their precincts rather than any location in the county. That precinct-based voting system on primary election day in March created chaos.
Local party leadership is trying to reverse a decision made by its former chair, who resigned last week after facing backlash for agreeing to use countywide voting on election day in the runoff. But early voting for the runoff election starts May 18, and Dallas County election officials say it’s too late to change course.
The lawsuit, filed in the Texas Fifth Court of Appeals by Barry Wernick, a Republican precinct chair and a candidate for Dallas County Commissioner District 2, is asking the court to require the county to use precinct polling places for the runoff election.
Wernick is arguing the former party chair, Allen West, didn’t have the authority to agree to the use of countywide voting. Thirty-one party members signed declarations supporting the lawsuit, according to the filing. In addition, the county party’s executive committee voted Monday night in favor of using precinct polling places for the runoff election.
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But Dallas County election officials are already deep into preparations for the election.
“We’re going to continue preparing for the election under the contract that we have, and that’s the countywide vote center model, unless otherwise directed by a court,” said Nic Solorzano, a spokesman for the Dallas County Elections Department. “We are equipping more than 200 Election Day locations, training thousands of poll workers — all of that is a massive operation that’s already underway.”
The office has already programmed voting equipment in accordance with the plan to use countywide vote centers, Solorzano said. Logic and accuracy testing — a public test required by state law to check the accuracy of election equipment — has been done and would have to be done again if the plan changes. And mail ballots have been sent out, which means election officials are tied up handling those and other necessary tasks.
Wernick’s attorney, Warren Norred, said he doesn’t believe that the county isn’t easily able to change course, and that county election officials shouldn’t have taken West’s decision as valid.
“They have created this problem,” Norred said, referring to the county elections department. “If it’s a mild inconvenience, and they’re going to have to really convince the court of appeals that they can’t do it.”
See here and here for the background. Many Republican voters had problems on Primary Day because of this, and with them likely to have higher overall turnout this time around, that problem will fall more heavily on them. I think attorney Norred has the issue exactly backwards, and I hope the court sees it that way. I’ll keep an eye on this. And for crying out loud, we need the Lege to fix this.