Enhanced Report on Tarrant County Election Integrity
In the course of our independent investigations into the
administration of our local elections, we have unfortunately identified
multiple severe violations of Texas Election Codes, as well as serious
facilitation of widespread obfuscation of election records. These violations
are severe enough in nature that their effects may have rendered the
majority of Texas Elections thoroughly un-auditable.
Initially, upon our team’s appointment as lawful poll watchers, we
witnessed the first of two violations that will be covered in this report. Our
poll watchers witnessed that the ballots, which were placed face-down on a
table, randomized, and stamped with the presiding election judge’s
signature, were blatantly unlawfully prepared. Per Texas Election Code
52.062, our Texas ballots are to be prepared by each preparation authority
by being numbered consecutively, beginning with the number 1.
Additionally, supporting the concept that our ballots shall be PRE-
NUMBERED, we also have Texas Election Code 62.009, which outlines how
these PRE-NUMBERED ballots shall be placed face-down, and randomized
for the voter’s selection, which is designed to protect voter privacy by
allowing only the voter to be aware of their unique ballot number.
The consecutive numbering seems to have been reasonably designed
to preserve records for accurate accounting and/or auditing purposes. Our
poll watchers were informed by the presiding election judge that the
ballots are now numbered by the ballot marking devices as the voter casts
The act of disregarding either or both of these two election
codes, in favor of allowing the suspect computer programs number the
ballots randomly as the voter casts their ballot, may have obfuscated our
elections thoroughly enough to prevent a full audit of our physical ballots
and votes. By not only changing the process of preparing the ballots, but
also how the ballot is numbered, without alerting the voting population in any way, those responsible for this change locally may have robbed the
voters of their right to know how to track their ballots. This act additionally
may have rendered futile any attempts to allow verify their vote was
counted accurately, which renders any audit futile, which means our
elections may not be auditable.
Tarrant County Elections Administrator, Heider Garcia, chose to
change the processes, and entities responsible for preparation of our
Tarrant County ballot numbering, with absolutely no notice to Tarrant
County voters. Upon inspection, the numbers do not appear to be
consecutive as they appear in a series of numbers that the voter has no way
of visually documenting as they are double-checking their ballots. Tarrant
County Voters cannot summon their own ballots to confirm that their vote
was cast accordingly.
Our ballots should be prepared according to Texas Election Codes
52.062 and 62.009, and the machines cannot be allowed to number the
ballots, randomly or consecutively.
Allowing the machines to number the
ballots has the same effect as allowing an election judge to hand a voter a
pre-numbered ballot. There may very well be a log on the machines that,
due to claims of proprietary software, only the voting machine companies
can access. Additionally, any log of ballot numbers associated with a voter’s
identity, which these logs may contain, could be a violation of voter’s
privacy by tracking their vote from check-in to ballot marking to
scanning/tabulating, all in the logs of each machine. With the voters of
Tarrant County being blissfully unaware of their ballot numbering system
and relevance, and as the machines may keep a log of this, it stands to
reason that perhaps the only entity who can access a voter’s individual
ballot is Hart Inter-Civic, a DRE/ BMD voting system creator, through their own proprietary software.
This is the first of two recent and concerning changes in Tarrant
County which may have rendered our elections thoroughly un-auditable.
These machines cannot be allowed to facilitate this level of uncertainty, nor
to violate previously drafted, debated and agreed upon Texas Election Codes designed to protect the integrity of our elections. The next issue is
one that may confirm that Tarrant County elections are so loosely
interpreting Texas Election codes that our local elections are totally out of
the hands of the voters, as well as potentially being out of the county’s
We have identified another issue that has somehow become codified
into Texas Election codes, which effectively authorizes the violation of
previously established Texas Election codes. These previously drafted,
debated and passed Texas Election codes which successfully protected our
elections from undue influence and improper practice.
Texas Election Code 43.007 has authorized the violation or
circumvention of significant portions of chapters 42,43, and 66 of the Texas
Election Codes, and no guidelines are provided on how to handle this issue. The only guidance is a deferral to the Secretary of State's office, which may have been under purview of one Keith Ingram, to decide how each county would preserve their Precinct records.
This obfuscation adds up to a significant amount of process, tabulation,
recording and preservation code violations. The use of “Community Polling
Centers”, which are unfortunately authorized by all of TX Election Code 43.007,
where a County using a DRE voting system, or any of a plethora of obscure criteria, to allow voters to vote
anywhere in the county as opposed to the precinct they are registered in,
may have rendered our precinct tallying process and election records
inaccurate, and an audit impossible.
There does not seem to be a way for these voting machines to
reallocate these ballots back to the precinct if a voter casts them outside of
their precinct, without tracking the voter’s info. The process seems to be
based on the voter check-ins, which gives a unique numerical code to type
into the ballot marking device, or a BMD. What data does this numerical code contain
after being produced upon the voter’s check in? In theory it should have
only their precinct number, though we have no way of verifying that unless
we have full access to the machines and the program coding directly from
the manufacturer to compare to the machines.
Assuming this is how the
process works, we need to subpoena the program from the voting machine
companies and immediately compare it to all Tarrant County voting
machines. We must have full access to examine the code. In the case that the numerical code does not contain any data, the
ballots must necessarily only be reallocated based on how many voters
checked in from a given precinct.
This would be terrible for preserving
precinct records, as the ballots do not seem to be sorted back out after the voter
scans them in to the scanning machine, and the ballots are dropped into
the box below.
There are no identifying marks on the ballot, and the voters
have surely been denied any input in the administration of our local
elections, and are thusly widely unaware of their ballot numbers as
previously established in this report. How are the physical ballots sorted
back out and filed for preservation as per Texas Election Code 66.058,
which describes Community Polling Location Ballots as being stored in a
separate, secure container? This section refers to another code, 129.002,
which refers to another code 127.131 “Preparing Returns”, which fails to
describe how the ballots are sorted back out at either a Polling Location or
Referring back to Texas Election Code 66.058(h), “For the
preservation of precinct election records in an election involving a federal
office, the secretary of state shall instruct the affected authorities on the
actions necessary to comply with federal law and otherwise implement this
section.” This particular code gives us the only path to the answer to the
question of how our precinct records are sorted back into precinct returns.
The only way to determine if our precinct returns match the reported
tally for the precinct is to bring forth all of the ballots for a selected precinct
and hand counting them to add up to the reported totals. If our ballots
cannot be sorted back into the precinct-specific boxes from Community
Polling Locations, then a full audit of a selected precinct’s returns is
This obfuscation cannot stand.
Our elections have
been protected by laws that adhere to Article 6, Section 2c of the Texas
Constitution, and deliberate or neglectful circumvention of Constitutional
Texas Election Codes, via suspect legal opinions, or weak legislation that in
effect violates Article 6, Section 2c of the Texas Constitution, should be
treated with the seriousness the situation demands. Article 6, Section 2c of the Texas Constitution states that the privilege
of free suffrage shall be protected by laws regulating elections and
prohibiting under adequate penalties all undue influence in elections from
power, bribery, tumult, or other improper practice.
The Secretary of State’s
office has no constitutional authority, or any other form of valid, lawful,
authority to oppose and violate the very documents to which you swore or
affirmed your oath and under which you were delegated by the Governor
the limited authority to conduct the duties of their office.
Furthermore, proposals along the lines of 43.007 should never
have been accepted without public discourse and, upon observation of the
effects the authorization has on our elections, should be repealed
immediately. The legislature cannot pass laws that effectively weaken the
security of our elections. We must hold our representatives accountable for
terrible legislation, lazy legislation, and outright inaction where we need it
In conclusion, an effort to attempt to audit just one precinct has
begun, and we intend to show how obfuscated our election records are
with a demand for just one precinct’s records. Please understand the
enormity of the situation we find ourselves in.
Demand your county explain
how the Secretary of State’s office advised them on handling the DRE and BDM
Voting System Community Polling Location’s precinct-specific records.
Please also sign my petition to audit the physical ballots from just one
precinct in Tarrant County so that we can advance the efforts to return to
paper ballots and demanding our elections are administered according to
Constitutional Texas election codes.
Thank you for your time,
Taking Back Texas