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ELECTION INTEGRITY

CASE STUDIES & POLICY

WRITTEN BY: Chad Ennis Michael Leland Chuck DeVore

JULY 2021

July 2021 by Chad Ennis Michael Leland Chuck DeVore Texas Public Policy Foundation

Table of Contents Executive Summary . . . . . . . . . . . . . . . . . . . . . 3 Introduction and Background . . . . . . . . . . . . . . 3 Ensuring Consistency and Security in Election Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Key Legislative Initiatives . . . . . . . . . . . . . . . . 6 Poll Watchers . . . . . . . . . . . . . . . . . . . . . . . . . 8 Key Legislative Initiatives . . . . . . . . . . . . . . . . 8 Policies Relating to Voting by Mail . . . . . . . . . . . . 9 Key Legislative Initiatives . . . . . . . . . . . . . . . 10 Policies Related to Voter Rolls . . . . . . . . . . . . . . 10 Key Legislative Initiatives . . . . . . . . . . . . . . . 11 Voter Assistance, Fraud, and Intimidation . . . . . . 11 Key Legislative Initiatives . . . . . . . . . . . . . . . 12 Vote Trafficking . . . . . . . . . . . . . . . . . . . . . . . 13 Key Legislative Initiatives . . . . . . . . . . . . . . . 14 Knowledge of Illegal Voting . . . . . . . . . . . . . . . 14 Key Legislative Initiatives . . . . . . . . . . . . . . . 15 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . 15 Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . 16 References . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Election Integrity Case Studies & Policy Chad Ennis, Michael Leland, and Chuck DeVore

Executive Summary

Distrust of elections is currently widespread and bipartisan. Election integrity and confidence in elections are key issues facing the state of Texas. This has gotten the attention of state leadership. Prior to the 87th Legislature, Gov. Abbott declared it one of his priorities, to which both Lt. Gov. Patrick and Speaker Phelan agreed. Much good was accomplished during the 2021 legislative session, but due to the failure of Senate Bill 7 and Senate Bill 155, two key election integrity bills, among others, much work remains to be done. The purpose of this paper is to document the still-lingering vulnerabilities in the Texas Election Code and describe the legislative fixes that were proposed during the 2021 regular session that should be passed during the July 2021 special session. Our focus will primarily be on the bills in Table 1. We urge the Legislature to pursue the policies that were introduced in each of these previous pieces of legislation.

Introduction and Background

The extent and pervasiveness of election fraud are difficult to know with precision. Not all fraud is detected. However, multiple media reports, testimony during multiple hearings, and active prosecutions by the Texas Attorney General suggest that our system of collecting and counting votes is not as secure as it could be to protect every vote. There are obvious loopholes and gaps in the Texas Election Code that allow people with ill intent to exploit the system. Our goal here is to expose these loopholes and gaps by suggesting legislative fixes. Closing these loopholes will promote confidence in our elections and prevent fraud.

Key Points • Election security should not be controversial, and election security and integrity measures are not suppressive or racist. • Election integrity problems predated 2020. Evidence suggests our system is not secure enough to protect every vote. • Election integrity measures are popular and are supported by over 80% of voters. Additionally, 60% of Americans said they lacked confidence in elections in 2019. • Election turnout has increased even among minority voters according to U.S. Census data, and 94% of voters say it is “very” or “somewhat” easy to vote.

Table 1 Key Election Integrity Bills Introduced in the 87th Legislature That Did Not Pass

BILL

STAGE REACHED

TOPIC

SB 7

Conference committee report died

Omnibus elections bill. We will discuss the most important sections in detail.

HB 4507

Passed House Elections Committee

Triggers separate federal and state elections if Congress passes legislation such as H.R.1 or S.1 that federalizes election law.

SB 155

Conference committee report died

Provides procedures to update voter rolls when a person excuses themselves from jury duty based on non-citizenship.

SB 1508

Passed Senate

Creates an Election Integrity Unit at the Texas Office of the Attorney General.

SB 1114

Passed Senate

Requires verification of citizenship through DPS databases when registering to vote.

SB 1589

Passed Senate

Provides for the training of a subset of DPS officers on election law and procedures.

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Some problems that have been documented in previous elections include: • • • • • •

Stacks of Texas driver’s licenses at a poll worker’s desk (R. Stewart, personal communication, June 2021); The attempt to impose drive-through voting (Menslage, 2020); Legal poll watchers being forced out of polling locations (Van der Pol, personal communication, June 2021); Numerous vote trafficking schemes; A spike in people claiming they are disabled to allow for vote by mail (DeVore, 2020a); and, Outside groups funneling millions of dollars to administrative officials to increase voter turnout in a partisan fashion (Ludwig & Lee, 2021).

There could be innocent reasons for these incidents and irregularities, or they could be signs of an organized effort to exploit obvious vulnerabilities in the Texas Election Code that allow bad actors to violate the fundamental rights of voters. These issues must be taken seriously and addressed with legislation. Policymakers have an obligation to investigate and respond to problems observed within the system. Election security should not be controversial. It should be the intent of all lawmakers and administrators that the application of existing law and the conduct of elections: • • • • •

Be uniform and consistent throughout this state; Reduce the likelihood of fraud; Protect the secrecy of the ballot; Promote voter access; and Ensure that all legally cast ballots are counted.

Contrary to the claims of some election integrity opponents, the intent of election security and integrity measures is not voter suppression or racism. Attempts to protect the “purity of the ballot” are not racist (Ennis, 2021), and it takes a rewriting of history to make that case (DeVore,

2021a). Confidence in elections is currently quite low with the number of voters believing that the 2020 election was probably or definitely “free and fair” falling to as low as 58% (Laughlin & Shelburne, 2021). This, however, is not a new problem exclusive to the 2020 elections. Indeed, a 2019 Gallup (Reinhart, 2020; Lardieri, 2020) found that nearly 60% of Americans lacked confidence in the honesty of U.S. Elections. The world’s most powerful country has the dubious distinction of ranking third to last out of 32 countries on distrust levels in elections, and the distrust is bipartisan. In November 2020, PJ Media reported that, according to a Rasmussen polling, among Democrat likely voters (the winning party), 30% believed the 2020 election lacked integrity or was not fair (Margolis, 2021). Regardless of political affiliation, Americans are losing trust in the process. This not only erodes the validity of results, but also disincentivizes voters from participating (Clark, 2018). Critics’ primary response to these widespread complaints is that election integrity amounts to voter suppression. But the voter suppression myth is easily debunked by U.S. Census voter turnout data. Turnout has remained steady or increased despite election integrity laws on voter ID in Texas and has set records even in a pandemic year in 2020 (von Spakovsky, 2021). Voter suppression is simply not happening. Rising turnout is not just a Texas phenomenon. Voter turnout is up across the nation. According to nationwide numbers compiled by the Heritage Foundation (von Spakovsky, 2021): •

Black American turnout increased from 2016 to 2020 from 60% to 63%;

•

Hispanic turnout also increased from 50% in 2008 to 54% in 2020; and, Total voter registrations rose as well, reaching 72.7% in 2020 compared to 70.3% in 2016.

•

Table 2 Voter Turnout in Texas Presidential Election

Registered Voters

Voting Age Population (VAP)

% of VAP Registered

Turnout

% of Turnout to % of Turnout Registered to VAP

2000

12,365,235

14,479,609

85.39%

6,407,637

51.81%

44.25%

2004

13,098,329

16,071,153

81.50%

7,410,765

56.57%

46.11%

2008

13,575,062

17,735,442

76.54%

8,077,795

59.50%

45.55%

2012

13,646,226

18,279,737

74.65%

7,993,851

58.58%

43.73%

2016

15,101,087

19,307,355

78.21%

8,969,226

59.39%

46.45%

2020

16,955,519

21,596,071

78.51%

11,315,056

66.73%

52.39%

Note. Data from Voting and Registration Data Tables 2000-2020, Census Bureau, n.d. (https://www.census.gov/topics/public-sector/voting/data/tables.html).

Texas Public Policy Foundation

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Voters continue to believe that the voting process is easy and accessible. Surveys show that voters overwhelmingly do not believe in voter suppression. In a Pew Research Center polling (2020), 94% of voters said that it is “very easy” or “somewhat easy” to vote. A nationwide Democracy Fund Voter Study Group survey (Bowman & Goldstein, 2021) found that impediments to voting were not widespread and were not considered major issues: • • • • •

3% could not locate their correct polling place. 2% missed the voter registration deadline. 2% were told they attempted to vote with improper identification. 3% reported that they had been harassed or bothered while trying to vote. 3% said that the wait was too long, and they gave up and left without voting. But 59% of voters said they waited less than 10 minutes or not at all, and only 8% waited more than an hour to vote.

Polling done by the Foundation and others consistently shows that there is broad support in policies that restore trust in elections. • • • •

•

• • • •

89% support voter identification requirements (Poll: Texans’ Concerns, 2021). 89% support auditing voter rolls (Poll: Texans’ Concerns, 2021). 81% support equalizing identification requirements for in-person and mail-in ballots (Poll: Texans’ Concerns, 2021). 80% agree that “voters mailing in ballots should be required to include the identification number of a valid government issued ID such as a driver’s license or the last four numbers of their Social Security card” (Poll: Texans’ Concerns, 2021). 60% believe vote by mail should be available only to citizens who are elderly, disabled, away from their primary residence for work, or serving in the military (Election Security, 2021). Just 27% say vote by mail should be available to everyone regardless of whether they can vote in person (Election Security, 2021). 64% of Americans want to strengthen election safeguards (Honest Elections, n.d.). Only 21% prefer to roll back safeguards to make it “easier” to vote (Honest Elections, n.d.). 75% of likely voters say ID laws are necessary to a “fair and secure election process,” including 65% of Democrats and 70% of moderates (Rasmussen, 2021).

Election Integrity Case Studies & Policy

• •

64% of Black, 77% of Hispanic, and 76% of low-income voters say voter ID is not a “burden” (Honest Elections, n.d.). 62% of Americans say vote trafficking or ballot harvesting should be illegal, with only 11% supporting the tactic (Honest Elections, n.d.).

Even though the extent of voter fraud is difficult to quantify in a meaningful way, voter fraud does exist. Since 2005, the Texas Attorney General’s office has successfully prosecuted 534 instances of fraud against 140 individuals (Attorney General of Texas, n.d.). The Texas Attorney General also has 510 pending offenses against 43 individuals, and 386 active investigations as of June 29, 2021. (See sheet in Appendix requested via Public Information Act of the cases being prosecuted by the Texas Attorney General’s office.) The primary source of these cases is clear. In a Texas House Elections Committee hearing (2021), Special Prosecutions Division Chief of Election Fraud Jonathan White testified that 80% of the cases they prosecute come from mail ballot fraud (2:35:00). “At least 91 election fraud cases in Texas between 2005-2019 resulted in criminal convictions, sentencing to a diversion program, or judicial findings. The crimes include false registration, ineligible voting, illegal assistance at polls, absentee ballot fraud, buying votes, duplicate voting, [or] ballot petition fraud” (Roy, 2021, p. 2). When reviewing voter-fraud crime statistics, it is important to note that many cases are pled down to a single count or single charge, when, in actuality, the scheme involved hundreds of instances of fraud. For example, a ballot harvester may have been caught trafficking 500 votes, which represents an independent offense for each harvested vote. In cases such as fraud in a 2018 Democratic primary in Gregg County, 4 people were indicted on over 134 felony charges (Indictment, 2020). In reviewing cases with similar charges in the appendix of prosecuted and pending cases, many counts amounted to only a single charge upon conviction due to plea bargains. Thus, voter fraud is often like an iceberg: Only a fraction is visible based on prosecution metrics, as difficult burdens of proof and other technical legal factors dilute the overall numbers. Voter fraud is found throughout the United States, not just in Texas. The Heritage Foundation (n.d.) has documented over 1,328 instances of voter fraud and 1,143 criminal convictions. The database contains many examples of a wide variety of voting offenses and schemes.

Ensuring Consistency and Security in Election Policy How elections are generally conducted is key to promoting confidence in the outcome. Good policy promotes

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Election Integrity Case Studies & Policy

lections should be secure and consistent E across Texas, from El Paso County to Harris County. Creating new procedures creates security flaws and is illegal. In 2020, an early-voting clerk described security risks with “drive-through” voting, including multiple people voting on the same voting device in one car and voters publicly broadcasting ballot images on social media. “Drive-through” voting was not fully legal and only a temporary allowance in 2020 as a response to COVID-19 concerns. “Drive-through” voting differs substantially from “curbside” voting. Ballots should be returned by mail or to a person—not to an unsecured drop box, because of fraud potential. consistency and transparency. Unfortunately, some Texas counties invented new voting processes during the 2020 election cycle that worked to undermine both consistency and transparency. These new practices were not based on processes created by the Texas Legislature and were in many cases inconsistent with the Texas Election Code. Legislation is needed to clarify that these procedures are not allowed. Key Legislative Initiatives Ban or prohibit drive-through voting (Senate Bill 7, Section 3.03) and voting from a temporary voting tent, other movable structure, or a parking garage or lot (Senate Bill 7, Section 3.03, 3.12, and 3.13). During the 2020 general election, Harris County election officials arranged for the practice of “drive-through” voting. This was claimed to be a variant of “curbside” voting, which is allowed under Texas Election Code, Sec. 64.009: VOTER UNABLE TO ENTER POLLING PLACE. (a) If a voter is physically unable to enter the polling place without personal assistance or likelihood of injuring the voter's health, on the voter's request, an election officer shall deliver a ballot to the voter at the polling place entrance or curb. Curbside voting is designed to allow a voter who cannot physically enter the polling place due to health reasons to vote in person from inside their vehicle. However, drivethrough voting (absent the disabilities described in the election code) has never been legal in Texas and was proposed 6

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by Harris County as a temporary allowance in response to COVID-19 concerns. Harris County drive-through voting was not secure and lacked the secret ballot protections afforded by a voting booth. Drive-through voting allowed a carload of people to enter at a temporary structure, like a tent, and vote without leaving the car. Identification was requested, though in some instances may have been difficult for poll workers to see, and affidavits by one poll worker noted workers had “no control over voters’ behavior and communications while in the vehicle” (G. Mora, personal communication, June 2021). The affiant also witnessed a single voting machine passed around by multiple occupants of a car. The drive-through voting process makes it impossible for voters to maintain the secrecy of their ballot with respect to the other passengers in the vehicle. It also makes possible for the other passengers in the vehicle to engage in voter intimidation and undue influence. Since voting machines are designated to be stationary and not passed between voters, there were reports that roughly 18,000 ballots nearly missed being counted due to procedural flaws when transporting drive through ballot memory cards for tabulation (A. Vera, personal communication, July 9, 2021). This problem was highlighted by Alan Vera in a letter sent to Bob Harvey of the Greater Houston Partnership (A. Vera, personal communication, July 6, 2021). Further, in her affidavit, early-voting clerk Genevieve Mora, who was at the Toyota Center, described her experience with drive-through voting: I have seen people in a car lean over and assist, guide, or instruct another person in the car to vote, without any declaration or permission to serve as voting assistants as Texas law requires. … Voters in cars often use cell phones and cameras to record or broadcast themselves voting. We are not able to stop them from doing so. … There is no control over or ability to monitor voters and others conversing or using cell phones in a car. [sic] as there would be in a voting poll in a building. (G. Mora, personal communication, June 2021) Voters were observed streaming the voting process on Snapchat in violation of Sec. 33.006 Subsection B sub division 6 of the Texas Election Code outlawing cameras in a voting booth and recording ballot images (G. Mora, personal communication, June 2021). Another major issue with Harris County’s 10 drive-through sites was the number of ballots compared to the number of voters (A. Vera, personal communication, June 2021):

Texas Public Policy Foundation

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Election Integrity Case Studies & Policy

Total ballots cast:

128,796

Total voters signed in:

127,021

Ballots more than voters:

1,775

This discrepancy does not definitively show fraud, but it certainly shows that the voting systems are not equipped to handle novel procedures such as drive-through voting. These security and procedure risks justify banning the practice. Elections officials must keep a log of spoiled ballots (Senate Bill 7, Section 3.05). A “spoiled ballot” is a ballot that has had an error made by the voter who then requests a new ballot to correct the error from an election official. Such ballots should be logged and invalidated so they cannot be counted, either maliciously or in honest error. This provision does just that by clarifying that spoiled ballots from a direct recording electronic voting unit must be logged in the same way as paper ballots. Any spoiled ballot not properly handled has the potential to become a counted vote. Vote counting equipment must have wireless connectivity disabled when in use (Senate Bill 7, Section 3.06). Tampering with and hacking of voting equipment have been raised in previous sessions as a concern. One way to prevent the hacking of multiple voting machines is to prevent the equipment from utilizing a wireless connection when in use. This provision will lower the chance of online tampering with the vote-counting equipment and tallies. Uniform early-voting hours for most elections early weekday and Saturday voting shall be for at least 9 hours and be conducted between 6 a.m. and 9 p.m. In statewide or certain other elections, voting must be for at least 12 hours (Senate Bill 7, Section 3.09 and 3.10). During the 2020 election cycle, some counties experimented with their voting hours. Harris County, for example, provided 24-hour voting (Bennett, 2020). Having 24-hour voting in a single county is problematic because it provides an unequal voting experience for Texas citizens. 24-hour voting has been justified as a fix to allow shift workers to vote. But Texas law already accounts for this by allowing 13 days of early voting, along with election day voting. Texas’s early voting is more expansive than other states. Five states—Connecticut, Mississippi, Missouri, New Hampshire, and South Carolina—do not offer any in-person early voting (National Conference of State Legislatures, 2021). If a voter is in line when polls close, the voter is entitled to vote (Senate Bill 7, Section 3.09). It is not clear under the current Texas Election Code whether a person in line at the time the polls closed should be allowed to vote. This provision gives voters the assurance

that if they make it to the polls before closing time, they will be allowed to vote. If temporary branch polling places are to be used by a county, they must be placed using the same methodology used to place countywide polling places (Senate Bill 7, Section 3.13). This provision ensures that voting machine locations are not manipulated for partisan or other purposes and use the same objective standards. Temporary voting sites can be used to partisan advantage by placing them in a location to benefit a particular candidate or party. This is especially concerning when temporary locations are created during the voting period rather than before voting begins. This concern was enough for Gov. Abbott to issue a proclamation clarifying rules in response to counties, such as Harris, attempting to change polling locations on the fly (Abbott, 2020). Must have a video recording system in areas with voted ballots (Senate Bill 7, Section 3.15). This transparency provision ensures that nothing untoward occurs during vote counting or while votes are waiting to be counted. The provision also provides a backup video of proceedings or counting in case duly elected poll watchers are ejected by partisan election judges. Provide extra training in election law for a subset of DPS officers (Senate Bill 1589). Election law is complex. This provision requires election law training for a subset of DPS officers, creating a small group of election marshals who can address problems that occur during elections, and investigate where appropriate. It also addresses the problem of local investigatory bodies answering to local election officials who may be the beneficiary of the election fraud subject to investigation. This provision will allow DPS to investigate independently. Ban unsupervised ballot drop boxes (Senate Bill 7, Section 4.08). Following the COVID-19 pandemic, some counties created multiple ballot drop box sites where voters could return their mail-in ballots (McCullough, 2020). Previous practice had been that, regardless of county size, there was one manned drop location per county. Confusion in interpreting poorly defined emergency measures aside, expanding the number of boxes was technically illegal. The governor clarified rules in a proclamation related to emergency procedures during the pandemic (Abbott, 2020). Ballots should be mailed or returned to a person, not left in a place where they can be stolen or where a box can be stuffed. Also, ballot drop box placement is another opportunity for partisans to place the drop boxes in locations that would benefit a candidate or party. Other states’ experiences with ballot drop boxes is illustrative. In California (Christopher,

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Election Integrity Case Studies & Policy

2020), partisans rushed to place drop boxes in places where their voters were found creating an uneven system of voting access. These practices should not be allowed to come to Texas. All communications with voting-system vendors must be public (Senate Bill 7, Section 4.11). This is a simple sunshine rule to ensure transparency with voting-system vendors. Require a paper audit trail (Senate Bill 7, Section 4.14). Many voters have become skeptical of pure electronic voting systems, worrying that these systems can be hacked without any evidence of the actual votes. This provision creates a system with two records of the vote: the official, electronic count and a backup paper ballot copy. Prohibit election officials from changing laws (Senate Bill 7, Section 7.04). This provision bars election officials from modifying any standard in the Texas Election Code. The provision is meant to prevent local election officials from creating new voting systems and methods that are not explicitly allowed by the Election Code.

Poll Watchers oll watchers are a vital part of the process, P and bipartisan poll watching serves as a check on bad actors. Poll watchers observe the process of election administration, not a voter’s choice in a polling booth. Poll watchers were obstructed in multiple places during the 2020 election including Gillespie, Dallas, Travis, and Harris counties. To be effective, poll watchers must be able to clearly observe the process. Courts must be able to act quickly when poll watchers are prevented from doing their job. Poll watchers are the people’s eyes and ears at the polling location (Ennis, 2021). They observe the election workers to ensure that the election is conducted according to the rules. Typically, a watcher from each political party is present at the location. The watchers are not there to observe individual voters, but rather to observe the process. Poll watchers have been a part of existing election law since at least 1951 (Texas Election Code Section 33.001). Far from being suppressive, poll watchers are to “observe without obstructing the conduct of an election and call to the attention of an election officer any observed or suspected irregularity or 8

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violation of law in the conduct of the election” (Senate Bill 7, Section 4.01). Arguments that poll watchers intimidate voters or are somehow suppressive are without merit. Only 3% of nationwide voters reported being harassed or bothered while trying to vote (Bowman & Goldstein, 2021). While instances of voter intimidation and harassment certainly exist, it is not a problem seen by a large number of voters. Key Legislative Initiatives Poll watchers must be able to observe the process and must be given free movement (Senate Bill 7, Section 4.03). Poll watchers were obstructed in multiple counties during the 2020 election, including in Gillespie, Dallas, Travis, and Harris counties (Barr, 2020; Vaughn, 2020; Morris, 2020; K. van der Pol, personal communication, June 2021). While the objection to a poll watcher from a polling location might occur for nonpolitically motivated reasons, such as confusion over administration procedure, the specter of an election official obstructing the individual who is tasked with observing that very official is, at a minimum, unseemly. Restrictions on the movement and ability to clearly observe proceedings by poll watchers should only happen in the most extreme circumstances, such as actual criminal or Election Code violations. For instance, Texas Election Code allows a poll watcher to observe a voter in the polling booth but prohibits them from actually viewing the ballot, that is, for whom a voter votes or what a voter marks as their vote. A watcher seeking to view how a person votes would rightly be removed. A watcher observing someone illegally “assist” or coerce a voter should not be. Create a criminal offense for obstructing a poll watcher in their duties (Senate Bill 7, Section 4.05). This provision ensures that there is a penalty for election officials who fail to follow procedure or who engage in undue conduct. It also emphasizes the importance of election observers to a fair voting process. A poll watcher prevented from performing the watcher’s duties should be able to seek an injunction from a court (Senate Bill 7, Section 4.06). The removal of a duly appointed poll watcher from their position can greatly damage the confidence in the election process. This provision would give a poll watcher and political parties a tool to make sure that the poll watcher can quickly get back into the polling location if they are unlawfully expelled. Clarification on who can be in a polling place (Senate Bill 7, Section 4.07). Previously, the Election Code was unclear as to who was and was not allowed in the polling place. This provision lays out who exactly can be present, preventing disputes. The Texas Public Policy Foundation

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list is limited to voters and others necessary for the voting process. This list is clearly detailed in Section 61.001 of the Texas Election Code.

Policies Relating to Voting by Mail lack in-person voting protecMailtionballots and are prone to fraud. Current Texas voter ID laws for in-person voting do not apply to by-mail voting. The number of mail-in ballots in Texas has quintupled since 2012 to over one million votes. The Texas Attorney General’s office has prosecuted 500+ cases since 2005 related to election fraud. The Texas Attorney General’s office has testified that 80% or more of its pending election fraud cases are related to mail-in ballots. Voter ID requirements do not suppress turnout. The U.S. Supreme Court found voter ID requirements constitutional and not “overly burdensome.” Current Texas voter ID laws for in-person voting do not apply to voting by mail. Instead, voting by mail relies on signature validation and verification by a committee. This is less of a problem when the utilization of voting by mail is small. But according to Texas Public Policy Foundation research (DeVore, 2021b), the number of mail-in ballots in Texas has quintupled since 2012 to over one million. This increase in the use of mail-in voting raises the threat to election integrity because of the weak voter verification caused by signature matching. The default voting method in Texas remains in person. Voting by mail is an exception to the default rule and can only be used if the voter is over 65, out of the county on election day, or disabled—or, in rare circumstances, in jail but not otherwise ineligible to vote. Voters do not have to prove they are disabled to qualify for a mail-in ballot. This weakness accounts for the increase in mail-in balloting in recent years. The average age of voters under 65 using mail-in ballots plummeted by 6 years from 42 in 2016 to 36 in 2018 (DeVore, 2020a), suggesting an unlikely growth in disabled voters under the age of 65, whether or not by deliberate misleading of voters as to the qualifications to vote by mail as was seen in cases such as the Gregg county

Election Integrity Case Studies & Policy

commissioner’s race (Bufkin, 2020). Subsequent analysis of precincts near college campuses showed an increase in voters under the age of 65 voting by mail in the 2018 general election, indicating that the voters claimed a disability. Standardizing ID practices between in-person voting and mail-in voting will help prevent voter exploitation through identity fraud, common in mail-in ballot trafficking. It will also address the often-contentious process of subjective signature verification that is currently the only check on a voter’s identity. Signatures often change over time, which can lead to the rejection of a proper ballot. Alternatively, signatures can be forged, which can lead to counting illegal votes. Either situation is bad. Voter ID requirements have been found in legal terms not to suppress turnout or voting. Voter ID is current law for in-person voting, and, as shown above, despite voter ID requirements for in-person voting, turnout continues to rise. Indeed, in 2008, the U.S. Supreme Court found that voter ID requirements were constitutional and obtaining a government ID was not overly burdensome (Crawford v. Marion County Election Board, 2008). A recent ruling in Arizona’s election reform (Brnovich v. Democratic National Committee, 2020) affirms a standard that discrimination or suppression are things that actually reduce the ability of voters to vote, not requirements that are marginally less convenient or popular with different groups of voters. There are multiple instances of alleged fraud using vote by mail. Multiple Harris County ballots were observed to have been filled out for deceased individuals in 2020 (Vera, 2021). There are reports of alleged vote-by-mail fraud by Joann Ramon and Raquel Rodriguez in San Antonio, Texas, as far back as 2008 and 2012, as well as in a 2020 video (Virgin, 2020). Ramon owned a cemetery tied to an investigation by reporter Yami Virgin, who found 150 ballots that contained the same request letter and handwriting, with the address of the cemetery. Virgin contacted some of the people on the applications who said they did not remember receiving an application or applying, including one who was at a hospital having surgery and could not have voted. Additionally, in 2017, an investigation of a Dallas City Council election found some 700 fraudulent mail-in ballots signed by the same witness using a fake name (Tsiaperas, 2018). In Gregg County, in the fall of 2020, a county commissioner and three others were charged with 134 felony counts of voter fraud from 2018 (Johnson, 2020). The Texas Attorney General’s office alleges that they urged ineligible voters to vote by mail, using disability as justification, and they filled in a vote for the county commissioner.

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Election Integrity Case Studies & Policy

Key Legislative Initiatives Requiring applications for early voting by mail to include the applicant’s driver’s license or state identification or the last four digits of the applicant’s Social Security number (Senate Bill 7, Section 5.03). This provision requires a voter to provide identification in order to request a mail-in ballot. The provision addresses many of the concerns with mail-in ballot security and provides assurances as to the identity of the applicant. The identification requirements mirror the requirements to register to vote, so the provision does not require the applicant to acquire new forms of identification. A matching voter ID assumes the signature on an application, or a ballot is valid for verification (Senate Bill 7, Section 5.10). This provision sets forth the requirements for accepting a ballot by mail. The ballot can only be accepted if all information matches the voter’s application, including both the voter’s signature and identification numbers. The provision contains a rebuttable presumption that the voter’s signature is authentic if the voter’s identification or Social Security numbers match. Clarifying the definition of disability and requiring the vote-by-mail applicant to affirmatively state their disability would prevent from voting in person (Senate Bill 7, Section 5.01). The provision clarifies what is—and what is not—a disability under the Texas Election Code. The new standard requires that the voter “is not capable of appearing at the polling place on election day without needing assistance.” This provision is necessary as some counties have taken a broad view of disability. Requiring an application for a ballot by mail to be in “wet,” that is, not filled out with preprinted ink or by a machine such as a printer (Senate Bill 7, Section 5.02). This provision requires that an application for ballot by mail be filled out in ink. This is an anti-fraud measure to prevent the mass creation of applications or mass printing of ballots with potential to be used fraudulently.

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Banning sending unsolicited ballots (Senate Bill 7, Section 7.04). This provision clarifies that it is unlawful to distribute early- voting ballots to voters who did not fill out vote-by-mail applications.

Policies Related to Voter Rolls ccurate voter lists protect against fraud. A Current policy leaves deceased, ineligible, and out-of-state voters on lists. These records can be used to commit fraud.

TPPF research estimates that as many as 36,000 noncitizens and 36,000+ deceased voters or voters in multiple states are on voting lists. In 2018, Attorney General Paxton prosecuted a case in Tarrant County resulting in 165 unlawfully registered noncitizen voters being removed from lists. A failed attempt to review voter lists in 2019 showed communication issues between the Texas Secretary of State, counties, and the administrators of various databases such as DPS that are used to ensure accuracy. Accurate voter rolls are the first line of defense against fraud. It is important to know whether a particular voter is qualified to vote in the desired jurisdiction. In addition, bloated voter rolls provide an opportunity for fraudsters to utilize the identity of ineligible voters to cast fraudulent votes. Data from the Public Interest Legal Foundation (PILF, 2020) show significant and widespread problems with Texas voter rolls. In addition to the problems identified by PILF, the Foundation estimates that Texas has over 36,000 noncitizens on its voter rolls (DeVore, 2021b). Additionally, a letter to

Table 3 Breakdown of Ineligible Voters and Votes on Texas’s Voting Lists Voters Deceased voters on voter rolls (end of 2019)

Texas Rank

36,054

289

Number of voters voting in multiple states in same election (2018)

1,125

Number of voters having non-residential address as their home (2018)

1,952

Votes cast by deceased voters (2016 and 2018)

Note. Data from Critical Condition: American Voter Rolls Filled With Errors, Dead Voters, and Duplicate Registrations, Public Interest Legal Foundation, 2020 (https://publicinterestlegal.org/pilf-files/Report-Critical_ Condition-Web-FINAL-FINAL.pdf).

Texas Public Policy Foundation

July 2021

Chairman Hughes from Attorney General Paxton (Attorney General of Texas, 2018) “discusses a specific investigation of four counties where 165 unlawfully registered noncitizens had been removed from the voter rolls after casting 100 illegal votes in Texas elections in the previous two years” (Significant Voter Fraud, 2018, para. 4). A botched attempt to review ineligible voters in 2019 (Ura, 2019) illustrated multiple issues relating to a lack of communication between counties and the Texas Secretary of State’s office, and lag time in various databases that can be used to ensure accuracy. The lag time was most notable in citizens who were in the process of becoming naturalized and were noncitizens when the reports were initially filed but completed the process prior to the next report being published. It should be the goal to ensure all legal voters are counted and all nonlegal voters are removed after proper due diligence. Key Legislative Initiatives Only the voter may register themselves to vote (Senate Bill 7, Section 2.01). This is a commonsense provision that the person who wishes to register to vote must personally provide the information on the application. Require registrars to coordinate when a voter moves counties (Senate Bill 7, Section 2.02). An on-going challenge for accurate voter rolls is that voters move. If a voter moves within a county, the chance for duplicate entries for that voter is minimized because only one registrar is involved. But when a voter changes counties, there is a chance, and depending on the counties involved there is a likelihood, that the voter will appear on multiple voter rolls. This provision requires coordination between the county registrars to ensure that this does not happen. Require registrars to notify the Texas Attorney General and Texas Secretary of State when an ineligible person registers to vote or if there is information indicating criminal conduct in voter registration (Senate Bill 7, Sections 2.03, 2.04). This provision requires registrars to report specific potential violations of the Texas Election Code to the Texas Attorney General’s office for investigation. This will allow the attorney general to prosecute violations but will also facilitate the spotting of statewide trends or schemes. Require the Texas Secretary of State to monitor voter rolls to ensure that they do not contain more voters than eligible voters in the county; allow the Texas Secretary of State to withhold election funds if problems are not addressed (Senate Bill 7, Section 2.05). Voter rolls containing more registered voters than eligible voters in the county are a clear problem that the Texas Secretary of State can easily spot. An enforcement mechanism allows the Texas Secretary of State to withhold election funds if the problem is not meaningfully addressed.

Election Integrity Case Studies & Policy

The county is required to respond and ensure voters are added or removed in a timely manner, typically within 30 days of notification, by various sources whether registration, Department of Public Safety, or the Social Security Administration. Impose a civil penalty on counties that do not properly maintain voter rolls (Senate Bill 7, Section 8.01). This provision builds on other enforcement provisions and allows the attorney general to seek a civil penalty from the county when it has been notified of voter-roll problems and not worked to fix them. Require the Texas Secretary of State to monitor the list of voters who have been excused or disqualified from jury service on account of citizenship and notify the county registrars and the Texas Attorney General for investigation (Senate Bill 155). The purpose of this provision is to ensure that voter rolls do not contain noncitizens. Voter rolls are used as part of the basis for jury summons. “If the Secretary of State determines that a voter on the statewide computerized voter registration list has been excused or disqualified from jury service because the voter is not a citizen, the Secretary of State is required to send notice of the determination to the voter registrar of the appropriate counties and the attorney general” (CSSB 155 Bill Analysis, 2021, p.1). Require the Texas Secretary of State to enter into an agreement with the Department of Public Safety to compare citizenship records with voter rolls and update voter rolls as necessary (Senate Bill 1114). This bill requires the Texas Secretary of State to enter into an agreement with the Department of Public Safety under which information in the statewide computerized voter registration list is compared against information in the DPS database on a monthly basis to verify the accuracy of citizenship status information provided on voter registration applications. The bill requires the information to be compared to include, at a minimum, a voter's full legal name, a voter's former name, if applicable, a voter's date of birth, a voter's residence address, a voter's driver's license or state identification card number, a voter's Social Security number, a voter's documentation of lawful presence in this state, and a voter's citizenship status (SB 1114 Bill Analysis, 2021).

Voter Assistance, Fraud, and Intimidation

Voter fraud and voter coercion can take multiple forms. Both in-person voting and vote by mail can be exploited since there is no strong means to track those assisting a voter. Mail-in ballots are especially vulnerable due to a “lack of in-person supervision present in a polling station. Yet, in-person voting can also be susceptible to intimidation and influence or to paid actors collecting voters and instructing

www.TexasPolicy.com 11

Election Integrity Case Studies & Policy

July 2021

n-person voting and vote by mail can be Istrong exploited by bad actors as there is not a means in which to track those assisting a voter.

Policies that track who someone is and why they are assisting a voter do not prevent assistance or seek to dissuade people who require assistance from seeking it. In 2019, former Starr County District Attorney Escobar testified before the Senate State Affairs Committee on various vote harvesting and voter ambush/influencing procedures that occurred in south Texas. The Heritage Foundation’s election fraud database lists 7 convictions for illegal voter assistance from 2008 to 2018 in Texas alone.

•

In 2016, former Weslaco City Commissioner Guadalupe Rivera pleaded guilty to one count of providing illegal “assistance” to a voter in a 2013 race he won by 16 votes. them how to vote for compensation, as well as collecting or ‘harvesting’ ballots” (Voter Fraud, 2020). There are legitimate reasons why a voter might require assistance. Voters with disabilities such as blindness, inability to read, or inability to physically mark a ballot certainly need assistance, but an assistant opens the possibility of coercion and intimidation. Policies that merely track who someone is and why they are assisting a voter neither prevents assistance nor seeks to dissuade people who require assistance from seeking it. As has been seen and observed, “fraud can take place where, through nominal gifts of food or alcohol, voter intimidation, or deception, a professional ballot harvester, under the guise of voter assistance, can simply substitute his vote for the voter’s and turn in the ballot” (DeVore, 2020b; Texas Public Policy Foundation, 2020), or coerce a voter in a polling booth or curbside voting situation. Voter assistance schemes are pervasive: •

•

Testimony on March 18, 2019, by Starr County District Attorney Escobar before the Texas Senate State Affairs Committee (2019) describes various vote trafficking and voter ambush/influencing procedures he has had occur in south Texas. “In Limestone County, Kelly Reagan Brunner, a social worker in a state assisted living center, is being charged

•

with 134 felony counts of purportedly acting as an agent and of election fraud. Brunner submitted voter registration applications for 67 residents without their signature or effective consent” (Roy, 2021, p. 3). In February 2020, “in Bandera County three suspects were indicted … on charges stemming from the 2018 Medina County Primary Election. They are being accused of illegally trafficking ballots from assisted living centers” (Roy, 2021, p. 3). “In Medina County, four people, including an elected justice of the peace, were charged in February [2021] with 150 counts of election fraud” taking place in the 2018 Primary. The charges include ballot trafficking and illegal voting (Roy, 2021, p. 3). In Harris County, during the 2018 Primary, a video (Direct Action Texas, 2018) was posted showing a campaign worker for a state representative candidate trafficking a ballot. The campaign worker approached a senior in an elder care facility, filled out their ballot without what appears to be the voter’s consent, and claimed that she had previously done this 400 other times that day. “In 2016 in Texas, former Weslaco City Commissioner Guadalupe Rivera pleaded guilty to one count of providing illegal ‘assistance’ to a voter in a 2013 race he won by 16 votes. Rivera admitted filling out an absentee ballot ‘in a way other than the way the voter directed or without direction from the voter.’” Rivera “initially faced 16 related charges, but 15 were dropped as part of a plea deal. He was sentenced to a year of probation and ordered to pay a $500 fine” (Lucas, 2020, para. 30). The Heritage Foundation’s election fraud database (2021) lists 7 instances of convictions for illegal voter assistance from 2008 to 2018 in Texas alone.

Key Legislative Initiatives Require assistants driving more than two voters to the polls to fill out a form with the assistant’s name and address (Senate Bill 7, Section 6.01). The assistant is required to fill out a form providing their relationship to the voter and whether the assistant was paid by a candidate, campaign, or political committee for the assistance (Senate Bill 7, Section 6.03). These provisions document who is assisting voters by driving them to the polls in case there is a need to investigate in the case of a voter complaint. Update the assistant’s oath to clarify the legal grounds for assistance (Senate Bill 7, Section 6.04). The updated oath better informs the assistant of the grounds for assistance and requires the assistant to swear

Texas Public Policy Foundation

July 2021

Election Integrity Case Studies & Policy

under penalty of perjury that the voter was not coerced or pressured into choosing the assistant.

out but signing it. Some voters, especially those not aware of the law, may not realize this is illegal.

Clarify inability to read as a disability allowing assistance (Senate Bill 7, Section 6.02). This provision clarifies that inability to read is grounds for disability, entitling the voter to receive assistance.

In many instances, county district attorneys lack either the resources or the will to prosecute these cases. Thus, the Office of the Attorney General must pursue charges against those who would attempt to win an election by cheating (Miller, 2019). By their own admission, this is difficult and time consuming and only 3 investigators are detailed to pursue claims of ballot trafficking (Texas House Elections Committee, 2021)

Clarify that it is an offense to compensate or offer to compensate someone for assisting another person in voting regardless of place (Senate Bill 7, Section 6.06). This is a prohibition simply designed to discourage voter fraud, which is often conducted under the guise of voter assistance.

Vote Trafficking allot harvesting or vote trafficking is a B fraud scheme where paid operators collect and return mail-in votes on behalf of

multiple voters for political candidate gain. Banning compensation for ballot harvesting services would not ban “get out the vote” activities or criminalize family or co-habiting people assisting a voter. Testimony before the Texas House Elections Committee noted there are teams that operate in Harris County that target mail-in ballots and can harvest up to 400 ballots per day. By sending unsolicited applications for a mail ballot to ineligible voters, Harris County created additional opportunities for vote trafficking as well as potentially causing voters to unknowingly commit fraud. Amateur investigation in Harris County found evidence of deceased voters who had applications filled out and requested, in some cases 29 years after their death. Ballot harvesting or vote trafficking are schemes where bad actors collect and return mail-in votes on behalf of multiple voters. Sometimes the voter may realize their ballot is being harvested, especially if compensation was involved. Sometimes, they may not realize it is being harvested, as they are misinformed that the harvester is just “providing a service or assistance.” The harvester is typically paid by a campaign or political machine for each vote they collect and in some cases may use nominal “gifts” to influence the voter or to get the voter to give up their ballot without filling it

In the 2017 special session of the Texas Legislature, law makers were concerned enough by illegal vote trafficking that they passed Senate Bill 5. The law, in effect for the 2018 and subsequent election cycles, tightened mail-in ballot rules and increased criminal penalties for ballot fraud. To illustrate risks with ballot harvesting, California went in the opposite direction and changed its law in 2016 with AB 1921 to allow for monetary compensation of ballot collection and collection of more than one ballot, creating definite incentives for abuse and a commensurate surge in ballot trafficking. Banning compensation for ballot trafficking services (and not just individual “per ballot” compensation) would not prevent volunteers from exercising “get out the vote” or GOTV activities or over-criminalize assisting a voter. Currently, only a close family relative (defined as third degree of consanguinity), an individual living in the same dwelling defined by current Texas Election Code Sec. 86.006 (f), partners, spouses, or family members or assistants in the same domicile would not be subject to penalties unless they transported a ballot with knowing intent to defraud the voter whose ballot they were transporting. Evidence of vote trafficking can be found in media and testimony: • Testimony by Gerry Wayne Monroe and Aubrey Taylor on April 1, 2021, during the Texas House Elections Committee hearing for HB 6 (2021), the companion bill to SB 7, noted ballot harvesters were well-known, paid, and soliciting in nursing homes. Monroe testified harvesters are paid $22,000 (4:45:00). Mr. Taylor testified he has knowledge of a ballot trafficking team that can collect up to 400 ballots in a day (6:45:00). Mr. Taylor also previously documented these issues in his blog in 2018 (Vera, 2020, 2021). • Testimony by Mr. Monroe and Mr. Taylor corroborates aspects of Colleen Vera’s investigatory research related to an alleged forger noted in both instances of 2018

www.TexasPolicy.com 13

Election Integrity Case Studies & Policy

•

ballot fraud and deceased voters voting in 2020 (Vera, 2020). A former Democratic party operative allegedly paid women to harvest votes. In a video, a blind voter in Tarrant County describes how she was a fraud victim (Boyd & Tinsley, 2018). In a Real Clear Politics piece titled “True Confessions of Texas Vote Harvesters” (2019), former Starr and Jim Hogg counties District Attorney Omar Escobar observed multiple instances of both vote trafficking and voter-assistance exploitation. The Foundation also documented this in a video titled Politiquería (2020). During the COVID-19 pandemic, Harris County mailed an absentee ballot application to every voter 65 or over regardless of their voting intentions after the Texas Supreme Court ruled against them attempting to send an application to all registered voters, in violation of Texas Election Code (Platoff, 2020). Further the Texas Secretary of State’s office (2020) provided clear guidance in a letter stating not all voters on the list were likely eligible to vote by mail. This issue could cause a voter to unknowingly provide false information and commit a violation of the Election Code. The action created confusion and inconsistency in election practices with other Texas counties. Mail-in ballots are limited to people who are 65 and over, disabled, or out of their county of residence. Attorney General of Texas Ken Paxton (2020a) warned that the fear of the novel coronavirus was not a valid reason to claim a disability for a mail-in ballot while the clerk of Travis County’s website said that a voter does not have to declare what their disability is on a mail-in ballot application. The contradicting information between the county election official and the Attorney General of Texas can, and likely did, confuse voters. Candidate and Rep. Anna Eastman illegally instructed voters to violate section 82.002 of Texas Election Code and to check the disability box to vote by mail in both printed mailed materials and a Vimeo video (Miranda Hurtado-Ramos, 2020). On multiple occasions, both on social media and via other communications, Harris County Judge Lina Hidalgo erroneously told voters they could vote by mail using disability as a provision justified by fears of COVID-19 (Sternitzky-Di Napoli, 2020). In response to this and actions by other election officials in Harris County, Attorney General Paxton (Attorney General of Texas, 2020b) sent two guidance letters further reiterating the election law restricting mail-in ballots. As noted by the Secretary of State and reported by The Texan (Hansen, 2020), actions such as these or changing

July 2021

election procedures can result in voters committing violations of state law. Key Legislative Initiatives Explicitly ban vote harvesting/ballot trafficking (Senate Bill 7, Section 7.04). This provision specifically bans paid vote harvesting.

Knowledge of Illegal Voting he mens rea or “guilty intent” standard for T crimes under the Election Code should be knowingly or willfully committing an offense

and not target individuals who may be misinformed, confused, or otherwise manipulated against their will. Current law should be clarified for felony convictions and conditions necessary for full restoration of voting rights such as the case of Crystal Mason. Future convicted felons should be informed of the effect of their convictions on their right to vote. Election reform should penalize the organizers who fund and traffic in ballots, not victims of fraud or people who may be misinformed. The mens rea (guilty state of mind) for most crimes under the Texas Election Code should be knowingly or willfully committing an offense and not punishing individuals who may be misinformed, confused, or otherwise manipulated against their will. The goal of election reform is not to criminalize individual voters making honest mistakes. Rather, the goal is to catch and prosecute the ballot traffickers, fraudsters, and cheaters. Some examples of past prosecutions include: “Israel Garza, a convicted felon whose rights had not been restored, attempted to vote in a 2010 Texas municipal election even though he was ineligible. He pleaded guilty to attempted illegal voting and was sentenced to a year in prison, two years of probation, and fined $2,500” (Roy, 2021). “Benito Aranda Jr., another convicted felon, voted in the 2012 Texas primary election and was convicted and sentenced to 10 years in prison for voting illegally as a convicted felon but is serving the remainder of his sentence under probation” (Roy, 2021).

Texas Public Policy Foundation

July 2021

Crystal Mason was convicted for voting illegally but on a provisional ballot in Dallas County (Timm, 2021). Mrs. Mason says she was not explicitly informed of her loss of rights and likely should not have been prosecuted. Key Legislative Initiatives Sentencing judge must inform a convicted felon of loss of right to vote until the terms of their sentence are fully discharged (Senate Bill 7, Section 9.01). This provision is a direct response to the Crystal Mason case and requires that all future convicted felons be informed of the effect of their convictions on their right to vote.

Election Integrity Case Studies & Policy

Conclusion

Taken together, the policies outlined above can address the broken chain of custody and fraud in mail-in ballots, as well as the inaccurate and outdated voter lists that enable ballot harvesters and fraudsters to ply their craft, and improve the ability of the Texas Secretary of State and Texas Attorney General to hold counties and election administrators to account if they are deficient in conducting their duty to run our elections. Legislators have an opportunity to ensure that the voices of all Texans count. If the Lone Star State leads by example, other states may see how to address their own systemic flaws. The goal should be that all Americans can feel their votes matter. Not only are these ideas the opposite of discrimination, but they are also vital to restore trust and confidence in our elections. Regardless of the political party, no legitimate voter should be disenfranchised by an illegitimate one.



www.TexasPolicy.com 15

Allegation

05-CR-9808-3

05-CR-9807-1

2005 School District Election

06M0301-CCL

06-CR-2166-B

Unlawfully obstructing watcher, unlawfully witnessing application for more than one 2004 Primary Election application, unlawful assistance, security of ballots, ballot boxes and envelopes

2006 Primary Election

2004 Primary Election

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud/Illegal Voting - Unlawful assistance, unlawfully influencing voter

Vote Harvesting/Mail Ballot Fraud - Method of returning marked ballot

Melinda Hunter

Maria Dora Flores

Anita Baeza

Bowie

Nueces

Reeves

25,186

06M0302-CCL

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud Unlawfully obstructing watcher, unlawfully witnessing Jamillah Johnson 2004 Primary Election application for more than one application, unlawful assistance, security of ballots, ballot boxes and envelopes

25,185

05-CR-9805-4

2005 School District Election

2004 Primary Election

05-CR-9806-4

2005 School District Election

06M1309-CCL

Vote Harvesting/Mail Ballot Fraud - Method of returning marked ballot

013449

B-05-2101-0-CR-B

Cause/Case Numberd

2004 Primary Election

2004 General Election

Election Involved

Bowie

Trine Villalobos

Vote Harvesting/Mail Ballot Johnny Wayne Fraud/Assistance Fraud Akers Possession of an official ballot by another Vote Harvesting/Mail Ballot Fraud/Assistance Fraud Virginia Ramos Method of returning marked Garza ballot, unlawful assistance, assisting voter Vote Harvesting/Mail Ballot Fraud/Assistance Fraud Elida Garza Flores Method of returning marked ballot, unlawful assistance, assisting voter Vote Harvesting/Mail Ballot Fraud/Assistance Fraud Isabel Lisa Rios Method of returning marked Gonzalez ballot, unlawful assistance, assisting voter Vote Harvesting/Mail Ballot Fraud/Assistance Fraud Josefina Marinas Method of returning marked Suarez ballot, unlawful assistance, assisting voter

Melva Kay Ponce Illegal Voting

Defendant

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud Unlawfully obstructing watcher, unlawfully witnessing Willie Howard Ray 2004 Primary Election application for more than one application, unlawful assistance, security of ballots, ballot boxes and envelopes

Reeves

Nueces

Hardeman

Bee

County

1 count possessing an official ballot or carrier envelope of another 2 counts possessing an official ballot or carrier envelope of another 1 count illegally possessing an official carrier envelope of another

Information as of 2/12/2021

5 counts illegally possessing ballots for another person

2 counts illegal voting-(4) marking a ballot without voter's consent

7 counts possessing an official ballot or carrier envelope of another

2 counts possessing an official ballot or carrier envelope of another

7 counts possessing an official ballot or carrier envelope of another

4 counts possessing an official ballot or carrier envelope of another

4 counts possession of an official ballot or official carrier envelope of another

6 counts possession of official ballot or carrier envelope of another

# Offenses Charged

Charge(s) 1 count illegal voting-(3) voter impersonation

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Resolved

08/28/06

08/04/06

07/17/06

06/27/06

05/04/06

03/22/06

11/04/05

07/26/05

Resolution Date

EC 86.006

EC 64.012

EC 86.006

EC 64.012

Statute Violated

6 months pre-trial diversion

Page 1

Pled guilty to 2 counts illegal voting. 2 years deferred probation, $750 fine

6 months pre-trial diversion

6 months deferred adjudication, $200 fine

Pled guilty to possession of an official ballot or official carrier envelope of another. 8 months deferred adjudication, $200 fine. Original indictment dismissed.

Found guilty by jury of 4 counts of possession of an official ballot or official carrier envelope of another. 10 days jail / probated for 6 months

Pled guilty to 1 count of illegally possesing an official carrier envelope of another. 1 year deferred adjudication, $500 fine, 12 months community supervision

Pled nolo contendere to 2 counts of possessing an official ballot or carrier envelope of another. 1 year deferred adjudication, $500 fine, 12 months community supervision

1 year pre-trial diversion, 12 months community supervision

Pled guilty to possession of official ballot or carrier envelope of another. 2 years probation, $2000 fine

Dispositionb Pled guilty to 1 count attempted illegal voting. 2 years deferred adjudication, $1500 fine w/$500 probated

Election Integrity Case Studies & Policy July 2021

Appendix

Election Fraud Violations – Prosecutions Resolved – Office of the Attorney General of Texas (Obtained through a Public Information Act request.)

Texas Public Policy Foundation

Raymond Villarreal

Noelia Lopez

Mark Littlefield

Refugio

Starr/ Brooks

Hays 2006 Special Election

2006 Primary Election

2008 Municipal Election 2006 Municipal Election

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud, unlawful buying and selling of ballot materials

Unlawfully divulged voting results prior to the closing of polls

Vote Harvesting/Mail Ballot Fraud

Maria Soriano

Elva Gutierrez Lazo

Maria Adelina Trigo

Jami Parkinson Billings

Duval/ Brooks

Leland Mac Coffman

Hill

Starr/Brooks

Raul Reyna

Jack Carol Crowder

Maria Gonzalez

Starr/ Brooks

Oralia Frausto

Starr/ Brooks

Harris

Guadalupe Rios

Starr/ Brooks

Goliad

2006 Primary Election

Unlawful assistance, unlawful buying and selling of ballot materials

Lydia Molina

Duval/ Brooks

Illegal Voting - Felon

Illegal Voting - Impersonation of deceased voter

Illegal Voting/Vote Harvesting/Mail Ballot Fraud/Assistance Fraud Illegal Voting/Vote Harvesting/Mail Ballot Fraud/Assistance Fraud Divulged election results prior to the closing of polls on election day; made false report to peace officer about divulging results

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud, unlawful buying and selling of ballot materials Vote Harvesting/Mail Ballot Fraud/Assistance Fraud, unlawful buying and selling of ballot materials

M0593-09

2007 School District and Municipal Election

2007 Municipal and School Election

09-04-09980 CR

1215818

07-05-09742 CR

2006 Primary Election

2008 Primary Election

07-05-09738 CR

08-08-09945 CR

08-8-8967 CR

08-01-09866, 11481

08-01-09865, 11482

08-01-09863, 11480

08-01-09864, 11479

2006 Primary Election

1 count illegal voting-(3) voter impersonation at polling place 2 counts illegal voting-(1) ineligible voter felon

3 counts false report to peace officer

11 counts possessing a ballot without the voter's consent 15 counts of possessing a ballot without the voter's consent 5 counts of possessing a ballot without the voter's consent

1 count unlawfully revealing information before polls close

2 counts possession of official ballot or carrier envelope of another

3 counts possession of official ballot or carrier envelope of another

1 count unlawfully accepting contribution, 1 count organized criminal activity,1 count unlawfully accepting contribution,

6 counts possession of official ballot or carrier envelope of another

12 counts possessing a ballot without the voter's consent

1 count illegal voting-(2) voting more than once

6 counts possession of official ballot or carrier envelope of another

Possession of forged instrument

1 count illegal voting

Information as of 2/12/2021

56734-

07-05-09741 CR

07-05-09743 CR

89,288

07-07-09767 CR

56732-B, 56733-B, 2008 Primary Election B

Potter

Unlawfully accepting campaign donations, bribery

Michael C. Shumate

2006 Primary Election

Oscar Luis Rios

Starr/ Brooks

Vote Harvesting/Mail Ballot Fraud

2006 General Election

Forgery, tampering with a government document

4 counts illegal voting, 3 2006 Primary Election 2007-2-4809, 2007-2-4810 count tampering with governmental record

Cause/Case Numberd

Charge(s) # Offenses Charged 3 counts llegal voting-(1) ineligible voter non-citizen, 1 count unlawful assistance, 11 counts 2006-8-6465, 2006-8possessing an official ballot 2006 Primary Election or carrier envelope of 27 6466, 2006-8-6467, another, 6 counts 2006-8-6468, 2006-8-6469 tampering with a governmental record, 6 counts false statement on a registration application

Election Involved

Illegal voting

Illegal Voting, Tampering

Illegal voting, fraudulent registrations, and vote harvesting/mail ballot fraud

Allegation

Jose Rene Gomez Illegal voting

Debra Briseno

Calhoun

Starr/ Brooks

Defendant

Countya

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Resolved

11/05/09

10/06/09

10/14/09

03/26/09

03/16/09

11/12/08

10/02/08

06/12/08

05/01/08

02/01/08

01/24/08

10/09/07

06/25/07

Resolution Date

EC 64.012

PC 37.08

EC 86.006

EC 61.007

EC 86.006

PC 71.02

EC 86.006

EC 64.012

PC 32.21

EC 64.012

PC 37.10

EC 64.012 / PC 37.10

Statute Violated

Page 2

Pled guilty to 1 count fraudulent use of identiying information, 1 year deferred adjudication, $200 fine Pled guilty to illegal voting, 2 years TDCJ, $500 fine

Pled guilty to 3 counts of false report to a peace officer. 2 years probation, $2000 fine, 90 days in jail, probated

1 year pre-trial diversion

Pled guilty to 11 counts possesing a ballot without the voter's consent. 2 years probated for 4 years probation, $500 fine, 60 days house arrest

Pled guilty to possession of official ballot or carrier envelope of another. 1 year deferred adjudication, $300 fine, 12 months community supervision Pled guilty to possession of official ballot or carrier envelope of another. 1 year deferred adjudication, $300 fine, 12 months community supervision Pled guilty to possession of official ballot or carrier envelope of another. 1 year deferred adjudication, $300 fine, 12 months community supervision Pled guilty to possession of official ballot or carrier envelope of another. 1 year deferred adjudication, $300 fine, 12 months community supervision Pled nolo contendere to 1 count unlawfully revealing information before polls close. 2 years deferred adjudication, $3,000 fine, 2 years community supervision

Jury verdict of guilty to engaging in organized criminal activity. 10 years confinement, suspended for 8 years, community supervision with 180 days jail as a condition, $5,000 fine

Pled guilty to illegal voting. 2 years deferred adjudication, $300 fine, 2 years community supervision (Motion to Adjudicate) Pled guilty to 12 counts possessing a ballot without the voters's consent. 2 years deferred adjudication, $300 fine, 2 years community supervision

1 year pre-trial diversion, $300 donation

Dism'd

Pled guilty to tampering with government record. 2 years suspended, 5 years community supervision, $1,500 fine, 90 days jail, $2,090 restitution

Jury verdict of guilty on 2 counts illegal voting, 1 count tampering with a government record. 5 years TDCJ

Dispositionb

July 2021 Election Integrity Case Studies & Policy

www.TexasPolicy.com 17

18 Allegation

Vote Harvesting/Mail Ballot Fraud

Cynthia Lopez

Ruben Trevino Garcia

Jim Wells/ Live Oak

Hidalgo/ Brooks

2008 School District Election

2008 Primary Election

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud

Andrea Campos Bierstedt

Duval/Live Oak

Duval/Live Oak Alicia Pena Perez

2008 Primary Election

Regino Cantu Salinas

Paulito Nilo

Reyna Almanza

Hidalgoc

Hidalgo/ Brooks

Delores McMillian

Illegal voting

Illegal Voting - Felon

Illegal Voting - Voter Impersonation

2009 School District Election

2008 Municipal Election

2008 Primary Election

2010 Primary Election

Misrepresentation of identity intent to manipulate election or 2008 Primary Election injure candidate Unlawfully accepting a voter, Ester Sandoval unlawfully permitting the 2010 Primary Election Martinez-Moreno deposit of a ballot, and illegal voting

Gallaher, Todd

Duval/ Jim Wells

Dallas/ Rockwall

Bexar

Aransas/ c Travis

2008 Primary Election

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud

Christina Lichtenberger

Duval/Live Oak

2008 School District Election

Mario Manuel Medrano

Hidalgo/ Brooks

2006 Primary Election

Mary Lou Garza

Vote Harvesting/Mail Ballot Fraud - Providing fraudulent registration cards to vote harvesters Illegal voting - felon, bribery, and official misconduct

Vote Harvesting/Mail Ballot Fraud - Unlawful possession of 2010 Primary Election 56 mail-in ballots by candidate

Illegal voting - felon, bribery, and official misconduct

2006 Primary Election

Starr/Brooks

Raul Pena, Jr.

2008 Primary Election

Vote Harvesting/Mail Ballot Fraud

Norma Lopez

Jim Wells/ Live Oak

2008 Primary Election

Vote Harvesting/Mail Ballot Fraud

Zaida Cantu Bueno

Jim Wells/ Live Oak

Starr

2008 Primary Election

Vote Harvesting/Mail Ballot Fraud

Estela Cruz Saenz

2006 Primary Election

Dimmit/ LaSalle

Vote Harvesting/Mail Ballot Fraud

Maria Mendoza Garcia

2006 Special Election

Dimmit/ LaSalle

Official oppression; voting

10-03-10342-CR

CR-2622-09-F

11-02-13251-CR

11082011CCL-A

2010-W-0375

C08999934

20084, 20085, 20086, 20087, 20088, 20089, 20090, 20091

20082, 20083

20080, 20081

09-09-10117 CR

07-07-09768 CR

CR-10-371

09-09-10116 CR

20066

20067

20068

08-12-00063 CRL

08-11-00052 CRL

2007-C-0193

09-04-09982 CR

2007 Municipal Election

Cause/Case Numberd 09-04-09881 CR

Election Involved 2007 Municipal and School Election

Drew Nixon

Elizabeth Martinez Illegal Voting - Felon

Illegal Voting - Felon

Panola

Starr/Brooks

Defendant

Cynthia Pena

Countya

Starr/Brooks

3 counts of method of returned marked ballot (less than 10)

Information as of 2/12/2021

1 count of illegal voting(3) voter impersonation

1 count of illlegal voting(1) ineligible voter felon

1 count of tampering of a governmental record 2 counts of attempted illegal voting-(3) voter impersonation at polling place 1 count of illlegal voting(1) ineligible voter felon

Misrepresentation of identity

4 counts of unlawful assistance, 4 counts of method of returned marked ballot

1 count illegal voting-(1) ineligible voter felon 1 count of unlawful assistance, 1 count of method of returned marked ballot 1 count of unlawful assistance, 1 count of method of returned marked ballot

1 count of unlawful delivery of a certificate

1 count of carrier envelope action by another person other than voter

8 counts of method of returned marked ballot (less than 10)

1 count illegal voting-(1) ineligible voter felon

# Offenses Charged

4 counts of method of returned marked ballot (less than 10)

1 count illegal voting-(1) ineligible voter felon 2 counts of official oppression 7 counts knowingly provide false information on an application for an early voting ballot 7 counts knowingly provide false information on an application for an early voting ballot

2 counts illegal voting-(1) ineligible voter felon

Charge(s)

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Resolved

12/01/11

09/29/09

08/31/11

06/16/11

03/23/11

05/21/09

12/14/10

11/10/10

09/15/10

06/22/10

06/17/10

06/24/10

04/15/10

01/28/10

11/05/09

Resolution Date

E.C. 64.012

P.C. 37.10

E.C. 255.005

EC 64.036, 86.006

EC 64.012

EC 13.145

EC 86.0051

EC 64.012

EC 86.006

EC 84.0041

PC 39.03

EC 64.012

Statute Violated

Page 3

Convicted by a jury on 11/16/11, sentenced to 2 years TCDJ, suspended for 5 years on probation, 90 days in County Jail as a condition of probation, $313 court costs

Pled guilty for 5 years TDCJ, probated for 5 years of community supervision, 1 day in jail, $500 fine

Pled guilty for 2 years probation, 90 days in jail, and a $2000 fine

Pled guilty to attempted illegal voting for impersonating a voter, 1 year probation, paid $227 court costs.

Pled guilty to one count of misdemeanor Tampering, 1 year probation

Pre-trial diversion for 1 year, 60 hours of community service, completed early.

Pled guilty to 4 counts of Possession of a Ballot and 4 counts of Unlawful Assistance, and received 1 year jail, probated for 12 months, and paid a $1000 fine and court costs

Pre-trial diversion 6 months, $3,500 donation to the county

Pled guilty to Possession of a Ballot and Unlawful Assistance, and received 1 year deferred adjudication, and paid a $1000 fine and court costs

Pled guilty, 2 years TDCJ-ID

Dismissed

Pled guilty, 6 months community supervision, 180 days in jail (suspended), $500 fine

Pled guilty, 8 years TDCJ-ID suspended for 8 years community supervision, $500 fine

Pled guilty to unlawful possession of ballot, 12 months probation, 180 days in jail (suspended) $200 fine, 40 hours of community service.

Pled guilty to unlawful possession of ballot, 12 months probation, 180 days in jail (suspended), $200 fine, 40 hours of community service

6 months pre-trial diversion, $60 supervision fee

12 months pre-trial diversion, $60 supervision fee, 80 hours of community service

Dispositionb Pled guilty to illegal voting, 10 years TDCJsuspended, 4 years community supervision, $500 fine Pled guilty to 1 count of illegal voting, 5 years TDCJ Dismissed Indictment. Defense motion for collateral estoppel granted.

Election Integrity Case Studies & Policy July 2021

Texas Public Policy Foundation

Hidalgo

Illegal Voting - Voter Impersonation

False statement on application, 2010 Special Election illegal voting

James Alan Jenkins

Peter Joseph Goeddertz

Montgomery

2010 Special Election

2009 School District Election

Illegal Voting - Voter Impersonation

2010 Primary Election

2010 General Election

Lorenzo Antonio Almanza

Illegal Voting - Felon

Mail in ballot violation

Hidalgo/ Brooks

Fermina Castillo

Salvador Vela

Vote Harvesting/Mail Ballot Margarita Rangel Fraud/Assistance Fraud; Ozuna Influencing Voter

Unlawfully revealing information before the polls close 2008 Municipal Election 2008 Municipal Election

2008 Municipal Election

Illegal Voting - Felon

12-03-02581-CR

12-03-025479-CR

10-03-10343-CR

2013-DCR-00484

CR-1913-12-I

12-03528

12-03519

12-03529

CR-1914-12-E

2010 Municpal and School District Election

Sylvia Salas Vela Illegal Voting

Baudelia Zapata Rojas

Angel Trujillo

241-1683-11

09-09-10115 CR

2009 Municipal Election

Illegal Voting

Illegal voting - felon, bribery

Cameron

Hidalgo

Hidalgoc

Frank Ross

Henderson/ Smith

Hidalgo

Jose De Jesus Cano

Hidalgo/ Brooks

Ann Marie Marsh Illegal Voting 2008 School District Election

241-1681-11

2009 Municipal Election- Local Option

Smith

241-1682-11

2009 Municipal Election- Local Option

Ronald Marsh

Smith

Illegal Voting

11082011CCL-B

2010 Primary Election

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud Influencing Voter

Gilda Hernandez

Dallas/ Rockwall

2-11-108, 2-11-414

2010 Primary Election

2-11-416

2-11-420

Illegal Voting, aggravated perjury

2010 Primary Election

2-11-xxx

Raquel Medrano

Illegal Voting

Robert Edward Medrano

2010 Primary Election

2-11-xxx

Dallas/ Rockwall

Illegal Voting

Name Removed

2010 Primary Election

2-11-xxx

2-11-418

11-05590-CRM-CCL1

Cause/Case Numberd

Illegal Voting, aggravated Rolando Medrano perjury

Illegal Voting

2010 Primary Election

2010 General Election

Election Involved

Dallas/ Rockwall

Illegal Voting

Aggravated perjury in connection with Illegal Voting

Name Removed

Dallas/ Rockwall

Illegal Voting

Name Removed

Carlos Medrano

Dallas/ Rockwall Dallas/ Rockwall Dallas/ Rockwall Dallas/ Rockwall

Allegation

Shank, Christine Unlawfully Influencing Voter Thomas

Defendant

Dallas/ Rockwall

Brazos

Countya

4 counts of possession of an official ballot or carrier envelope, 3 counts of unlawful assistance

Information as of 2/12/2021

1 count of illegal voting ineligible voter

2 counts of illegal voting(3) voter impersonation at polling place

07/12/13

06/28/13

06/24/13

05/30/13

01/17/13

1 count of Illegal Voting(1) ineligible voter felon

12/27/12

1 count Unlawfully Assisting Voter

12/27/12

08/08/12

06/19/12

06/14/12

03/23/11

Illegal Voting

03/23/11

04/05/12

02/28/12

02/29/12

02/16/12

02/27/12

02/06/12

Resolution Date

Method of returning marked ballot

Unlawfully Revealing Information before polls close

1 count illegal voting (1) ineligible voter felon

1 count of Illegal Voting(1) ineligible voter

1 count illegal voting-(1) ineligible voter felon

1 count of Illegal Voting(1) ineligible voter

1 count of illlegal voting ineligible voter, 5 counts of aggravated perjury

1 count of Illegal Voting(1) ineligible voter

# Offenses Charged

6 counts of aggravated perjury

1 count of illegal voting ineligible voter 3 counts of illegal voting ineligible voter 3 counts of illegal voting ineligible voter 3 counts of illegal voting ineligible voter

4 counts of aggravated perjury

2 counts of illegal voting ineligible voter

1 count of Unlawful Assistance

Charge(s)

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Resolved

Dism'd

Pled guilty to two counts of aggravated perjury, 4 years TDCJ probated for 4 years community supervision, $5,000 fine, $219 Court Coust., 45 days in jail as a condition of probation, work release day for day

Dism'd

Expunged

Dispositionb Pled guilty, 1 year deferred adjudication community supervision, 20 hours community service, $332.00 court costs, $500.00 fine, prohibited from offering assistance in the election process to anyone Elected Justice of the Peace convicted at bench trial of illegal voting - ineligible voter, 5 years TDCJ, probated for 5 years, 180 days in jail as a condition of probation, $2500 fine, removed from office

E.C. 64.012

E.C 64.012

E.C. 64.012

E.C. 86.010

E.C. 64.012

E.C 86.006

E.C. 64.012

E.C 61.007

E.C. 64.012

EC 64.012

E.C. 64.012

Page 4

1 year Probation - Pre-trial Diversion Program

Pled guilty to illegal voting, sentenced to 2 years deferred with community supervison and $100 fine. Pled no contest to Unlawfully Assisting Voter (Class A Misdemeanor) 12 month county jail, probated for 12 month community service. $250.00 fine. Pled guilty to Illegal Voting - voter impersonation, Illegal Voting - voting twice, sentenced to 2 years TDCJ on both counts, run concurrently, $313 court costs Convicted during a jury trial, 1 count of illegal voting (1) ineligible voter, 3 years TDCJ, $10,000 fine and $364.00 in court costs reversed/remanded by 14th COA, pending new trial

Grand Jury No Bill

Pled guilty to illegal voting, sentenced to 3 years TDCJ-probated for community supervision, $750 fine. Second count of illegal voting dismissed.

Dism'd

Pled guilty, received 10 years TDCJ, probated for 10 years, $1,000 fine, and $313 court costs

Dism'd

Pled guilty, received four years of deferred adjudication, a $1,000 fine, and 100 hours of community service hours

Pled guilty to two counts of Unlawful Assistance, two counts of Possession of a Ballot, and two E.C. 86.006, 64.036 counts of Failure to Provide Identifying Information While Assisting a Voter, and received one year of deferred adjudication and a $250.

E.C. 64.012, P.C. 37.03

P.C. 37.03

E.C. 64.012

E.C. 64.036

Statute Violated

July 2021 Election Integrity Case Studies & Policy

www.TexasPolicy.com 19

Tomasa Chavez

Benito Aranda Jr. Illegal Voting - Felon

Cameron

Jim Wells

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud; Influencing Voter

Vote Harvesting/Mail Ballot Fraud - Method of Returning Marked Ballot

Facunda Garcia

Bernice Garcia

Rafael Angel Elizondo

Hidalgo

Cameron

Illegal Voting - Felon

Jorge Luis Martinez

Vote Harvesting/Mail Ballot Jose Angel Garcia Fraud - Method of Returning Marked Ballot

Vote Harvesting/Mail Ballot Margarita Ozuna Fraud/Assistance Fraud; Influencing Voter

Cameron

Unlawfully rejecting voters, illegal voting, and unlawfully accepting voters Vote Harvesting/Mail Ballot Fraud/Assistance Fraud; Influencing Voter

Mark Homero Almaraz

Jim Wells

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud; Influencing Voter

False statement on application, 2010 Special Election illegal voting

William Mervin Berntsen

Montgomery

12-03-02586-CR

12-03-xxxx4-CR

2013-DCR-00957

CR-2623-09-B

14-07-13903-CR

14-07-13904-CR

12 counts of illegal voting

Indicted 1 count of illegal voting(1) ineligible voter felon, 2nd Felony Indicted 1 count of illegal voting(1) ineligible voter felon, 2nd Felony

3 counts - Carrier Envelope Action: Person Other than voter (Misd B), 3 counts - Assisting Voter Violation (Misd A), 3 counts - Method of Returning Marked Ballot (Misd B), 4 count Unlawful Assistance to Voter (Misd A)

Information as of 2/12/2021

1 count of illegal voting ineligible voter 1 count of illegal voting ineligible voter

1 count of illegal voting ineligible voter (felon)

1 count of illegal voting ineligible voter

# Offenses Charged 1

Charge(s) 1 count of illegal voting ineligible voter

1 Count - Unlawful 2012 Primary Election 14-CCR-02980-A Assistance to Voter (Misd. Runoff A) 1 count - Carrier Envelope Action: Person Other than voter (Misd B), 1 Count 2012 Primary Election 14-CCR-02979-A/14-CCR- Method of Returning Runoff 03010-A/14-CCR-03011-A Marked Ballot (Misd B), 1 count - Unlawful Assistance to Voter (Misd A) 1 Count -Method of Returing Marked Ballot 2012 Primary Election more than 10 but less than 2015-DCR-00269-D Runoff 20 offical ballots/carrier envelopes. ( 3rd Degree Felony) 5 Counts -Method of Returing Marked Ballot 2012 Primary Election 2015-DCR-00270-D fewer than 10 offical Runoff ballots/carrier envelopes (SJF) 3 counts - Carrier 14-CCR-02981-B/14-CCREnvelope Action: Person 02986-B/14-CCR-029882012 Primary Election Other than voter (Misd B), B/14-CCR-02990-B/14Runoff 3 counts - Method of CCR-02992-B/14-CCRReturning Marked Ballot 02994-B (Misd B)

2008 Municipal Election

2012 Primary Election

14-CCR-02977-A/14-CCR02983-A/14-CCR-02984A/14-CCR-02985-A/14CCR-02987-A/14-CCR2012 Primary Election 02989-A/14-CCR-02991Runoff A/14-CCR-02993-A/14CCR-02995-A/14-CCR02996-A/14-CCR-02997A/14-CCR-02999-A/14CCR-03003-A

False statement on application, 2010 Special Election illegal voting

Name Removed

Montgomery

2010 Municipal Election

Garza, Israel

Illegal Voting - Felon

12-03-02585-CR

Roberta Margaret False statement on application, 2010 Special Election Cook illegal voting

Cameronc

Montgomery

12-03-02583-CR

Cause/Case Numberd

False statement on application, 2010 Special Election illegal voting

Sybil Lea Doyle

Montgomery

Election Involved 12-03-025480-CR

Adrian Heath

Montgomery

Allegation

False statement on application, 2010 Special Election illegal voting

Defendant

Countya

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Resolved

08/10/15

06/12/15

04/08/15

03/19/15

02/25/15

02/18/15

01/22/15

10/23/14

05/15/14

04/10/13

04/02/14

10/31/13

Resolution Date

E.C 86.0051 / E.C 86.006

E.C. 86.006

E.C 86.0051 / E.C 86.006 / E.C 64.036

E.C 64.036

E.C.64.012

E.C 64.012

E.C 86.0051 / E.C 86.010 / E.C 86.006 / E.C 64.036

E.C.64.012

E.C. 64.012

E.C 64.012

E.C. 64.012

Statute Violated

Dispositionb

Page 5

Pled guilty to Carrier Envelope Action by Person Other than Voter. All other counts were dismissed. Sentenced to 15 days conuty jail and $250.00 fine/court cost.

Pled guilty to Method of Returning Marked Ballot <10 (Class B). Sentenced to two days county jail.

Pled no contest to Method of Returning Marked Ballot =10<20, (Class A). Sentenced to three days in county jail. and taken into custody.

1 year Deferred Prosecution Contract for offense of unlawfully assisting voter.

Pled guilty to illegal voting (felon) Sentenced to 10 years confinment, probated for 10 years of community supervision Pled guilty to illegal voting (felon) Sentenced to 10 years confinment, probated for 10 years of community supervision. Pled guilty to counts 1-6 for attempted Illegal Voting (Class A). Three years community supervision. Counts 7-12 were dismissed Pled guility to unlawful assistance of a voter. Sentenced to 3 day confinement in county jail and $250.00 fine.

Pled guility to unlawful assistance of voter, 6 month confinement, probated for 1 year of community supervison, fine $250. All other cases dismissed.

3 years Deferred Adjudication, $2,500.00 fine, $334.00 in court costs

1 year Deferred Prosecution Contract. Eligible for expunction after serving 12 mos probation.

Convicted at bench trial, 1 count of illegal voting (1) ineligible voter. Sentenced by deferred agreement, 3 years TDCJ, probated for 5 years, $5000 fine. Pled guilty to illegal voting attempted (felon voter) Class A misdeameanor. Sentenced to 10 months confinement, 2 years probation, fine $2500.

Convicted at jury trial, 1 count of illegal voting (1) ineligible voter. Sentenced by deferred agreement, 3 years TDCJ, probated for 5 years, $5,000 fine and $359.00 in court costs.

Convicted during a jury trial, 1 count of illegal voting (1) ineligible voter. Sentenced to 3 years TDCJ and $10,000 fine, $334.00 in court costs.

Election Integrity Case Studies & Policy July 2021

Texas Public Policy Foundation

Hidalgo

Edwards

Manuel Rodriguez III

Illegal Voting - voter impersonation, Illegal Voting 2014 General Election ineligible voter (felon, unregistered voter)

2012 General Election, 2014 Primary Run-Off Election

2013 Municipal Election

Vote Harvesting/Mail Ballot Graciela Sanchez Fraud/Assistance Fraud; Influencing Voter

Illegal Voting - Non-Citizen

2013 Municipal Election

Vote Harvesting/Mail Ballot Guadalupe "Lupe" Fraud/Assistance Fraud; Rivera, Sr. Influencing Voter

Dallas/ Tarrant Rosa Maria Ortega

1730

1434155

Information as of 2/12/2021

2 counts Carrier Envelope CR-15-08761-B CRAction: Person Other than 15-08762-B CR-15Voter, 2 counts Method of 08763-B CR-15Returning Marked Ballot 08764-B <10

2 counts of illegal voting, ineligible voter (felon, unregistered), voted as 99yr-old grandfather

1 Count Unlawful Assistance to Voter, 6 counts Carrier Envelope Action: Person Other than Voter, 6 counts Method of Returning Marked Ballot <10, 3 counts Assisting Voter Violation

CR-15-08767-E CR-15-08768-E CR-15-08769-E CR-15-08770-E CR-15-08771-E CR-15-08772-E CR-15-08773-E CR-15-08774-E CR-15-08775-E CR-15-08776-E CR-15-08777-E CR-15-08778-E CR-15-08779-E CR-15-08780-E CR-15-08781-E

1 Count Carrier Envelope Action: Person Other than Voter, 1 count Method of Returning Marked Ballot <10

CR-15-08765-B, CR-15-08766-B

2 counts of illegal voting ineligible voter (non citizen)

6054

Hidalgo

Illegal voting (residency)

1 Count Illegal Voting (Municipal) 2 Counts of Tamper w/ a Gov't rec 1 Count of Illegal Voting (Primary)

2013 Municipal Election 2014 Primary Election

1 Count Illegal Voting (Municipal) 2 Counts of Tamper w/ a Gov't rec 1 Count of Illegal Voting (Primary)

6053

2013 Municipal Election 2014 Primary Election

2013 Municipal Election

Tamara Scotch

Edwards

Illegal voting (residency)

14-CCR-02982-C 14-CCR-03009-C

1 Count - Carrier Envelope Action: Person Other than voter (Misd. B), 1 Count Method of Returning Marked Ballot (Misd. B)

# Offenses Charged

Charge(s) 1 count - Unlawful Assistance to Voter (Misd A), 1 count - Assisting Voter Violation (Misd. A) ,4 counts - Carrier Envelope Action: Person Other than voter (Misd. B), 4 counts Method of Returning Marked Ballot (Misd. B) 1 Count of Tampering w / a Governmental Record (SJF)

1476757

2012 Primary Election Runoff

Vote Harvesting/Mail Ballot Guadalupe "Lupe" Fraud/Assistance Fraud; Rivera, Jr. Influencing Voter

Michael Scotch

Edwards

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud; Influencing Voter

Cause/Case Numberd

14-CCR-02978-C/14-CCR02998-C/14-CCR-03000C/14-CCR-03001-C/14CCR-03002-C/14-CCR2012 Primary Election Runoff 03004-C/14-CCR-03005C/14-CCR-03006-C/14CCR-03007-C/14-CCR03008-C

Election Involved

Forgery/Tampering with peitition for candidacy - forged 2014 General Election signatures

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud; Influencing Voter

Allegation

Hidalgo

Sarah Perales

Cameron

Harris

Avery Ayers

Vicenta Verino

Cameron

Defendant

Countya

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Resolved

2/27/2017

02/09/17

07/11/16

12/07/15

10/28/15

10/06/15

08/19/15

Resolution Date

Pled no contest to Count 1 of the Indictment Illegal voting (ineligible voter-non resident) in a plea bargain agreement. State to dismiss counts 2, 3 & 4. Sentenced to 24 months of deferred adjudication community supervision, $500 fine.

Waived a jury trial and pled guilty to one count of 3rd degree felony Forgery. Court convicted defendant and sentenced him to five (5) years TDCJ-Institutional Division. No fine, court costs or restitution. Pled guilty to Class B misdemeanor Method or Returning Ballot. Court sentenced her to one year of community supervision-deferred adjudication, plus a fine of $150 and court costs. Defendant was ordered to refrain from assisting voters or other politiquera activity. Pled no contest to Count 1 of the Indictment Illegal voting (ineligible voter-non resident) in a plea bargain agreement. State to dismiss counts 2, 3 & 4. Sentenced to 24 months of deferred adjudication community supervision, $500 fine.

Pled guilty to one count of Class A misdemeanor Unlawful Assistance of a Voter. All other counts were dismissed. 12 months of deferred adjudication, $250 fine, and refraining from handling mail ballots and assisting voters.

Dispositionb

E.C. 64.012 (a) 1

E.C. 64.012

E.C. 86.0051

Page 6

Convicted of illegal voting (2nd deg. felony). Sentenced to two (2) years in the Texas Department of Criminal Justice Institutional Division.

Pled guilty to Carrier Envelope Action: Person Other than Voter, Class B misdemeanor. Pre-trial diversion for a period of two years of community supervision, pay court and probations fees, complete 24 hours of community service. Other charges dismissed. Convicted by jury on both counts of Illegal Voting Non citizen. Jury sentenced her to a period of eight (8) years in the Texas Department of Criminal Justice Institutional Division on each count, sentences to run concurrently. $5,000.00 fine and $329.00 in court costts.

Pled guilty to Unlawful Assistance to a Voter, Class A misdemeanor. Sentenced to 365 days in jail, probated for one year of community supervision with a $500 fine.

E.C. Dism'd in exchange for co-defendant's plea/acceptance of criminal responsibility

E.C. 64.036

E.C. 86.0051 86.006

E.C 64.012

E.C. 86.006

P.C. 32.21

E.C 64.036/ E.C 86.010/ E.C 86.0051/ E.C 86.006

Statute Violated

July 2021 Election Integrity Case Studies & Policy

www.TexasPolicy.com 21

Illegal Voting- ineligible voter (non-resident)

Illegal Voting- ineligible voter (convicted felon, on paper)

Rita Renee Johnson

Angel Antonio De Leon, Jr.

Arturo Garcia, Jr.

Patricia Barton

Aaron Torres

Shirley Brown

Chriselda Olvera

Edwards

Webb

Medina

Hill

Dallas

Kenedy

Mar. 2018 Primary Election

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud

Consuelo Barrientos Cantu

Maria Delcarmen Vela

Frio

S-18-3065-CR; 18-CR-83358

CX3772923814 CX3772923814

2016 Primary Runoff Election 2016 Primary Runoff Election

CX4641286029

CX8890196392

CX3920309473

Robstown 2016 General

Heather Lauren Miller

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud/Illegal voting

Mar. 2018 Primary Election

Illegal voting; Election Fraud; False Statement on Registration Application

Rosita Torres Flores

Mar. 2018 Primary Election

Illegal voting; Election Fraud; False Statement on Registration Application

Martin Olvera

Nueces/ San Patricio

Mar. 2018 Primary Election

Illegal voting; Election Fraud; False Statement on Registration Application

CX3852040670

CX7954393300

CX4240437617

CX8140980101

CX8826260117

CX7779096408

Nov. 2014 general election, May 2015 RISD election, May 2015 City of Rocksprings election, March 2016 primary election, May 2016 City of Rocksprings election, Nov. 2016 general election, and May 2017 City of Rocksprings election Special COL Dist. 2 2/13/2016; Special COL Dist. 2 Runoff 4/2/2016; Joint Primary Runoff 5/24/2016; November 2016 General Election Nov. 2014 general election; March 2016 Democratic primary; May 2016 Democratic runoff

Cause/Case Numberd

Election Involved

Unlawfully Revealing 2018 Primary Runoff Information Before the Polls Close Unlawfully Accepting a Voter not eligible to vote, by election 2016 General Election judge

Unlawfully Influencing Voter in Polling Place; Electioneering

Illegal Voting- ineligible voter (convicted felon, on paper)

Allegation

Defendant

Countya

Count 1 – illegal voting, 2nd Degree Felony; Count 2 – election fraud, Cl A; Count 3 - false statement on a registration application, Cl B

6 Counts Unlawful Assistance

Information as of 2/12/2021

2 Counts Unlawful Assistance

Count 1 – illegal voting, 2nd Degree Felony; Count 2 – election fraud, Cl A; Count 3 - false statement on a registration application, Cl B

Count 1 – illegal voting, 2nd Degree Felony; Count 2 – election fraud, Cl A; Count 3 - false statement on a registration application, Cl B Count 1 – illegal voting, 2nd Degree Felony; Count 2 – method of returning marked ballot, SJF 1 count misdemeanor unlawful assistance Cl A

3 counts unlawfully accepting a voter

3 counts of illegal voting ineligible voter (felon) 2nd degree Felony 2 counts of unlawfully influencing voter in polling place; 1 count electioneering 1 count unlawfully revealing information before the polls close

# Offenses Charged

4 counts of illegal voting ineligible voter (felon) 2nd degree Felony

7 counts of illegal voting ineligible voter (nonresident) - 2nd degree Felony

Charge(s)

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Resolved

6/15/2018

6/12/2018

06/05/18

06/27/18

07/02/18

05/31/18

05/30/18

04/26/18

01/29/18

12/20/17

Resolution Date

E.C. 64.036

E.C. 64.012; 86.006; 64.036

E.C. 64.012; 276.013; 13.007

E.C. 63.012

E.C. 61.007

E.C. 61.008; E.C. 61.003

E.C. 64.012

Statute Violated

Page 7

Prosecution Diversion Program - stipulation of guilt to 2 Counts unlawful assistance to voters with their mail ballots Prosecution Diversion Program - stipulation of guilt to 6 Counts unlawful assistance to voters with their mail ballots

Convicted of unlawfully assisting/influencing voter with mail ballot (E.C. 64.036); 12 months jail, probated for 18 months; $1000 fine; 10 days confinement in county jail served day for day as condition of probation

Prosecution Diversion Program - stipulation of guilt to 1 count illegal voting, 1 count election fraud, and 1 count false statement on a registration application

Prosecution Diversion Program - stipulation of guilt to 3 counts unlawfully accepting a voter

Prosecution Diversion Program - stipulation of guilt to 1 count unlawfully revealing information before the polls close

Prosecution Diversion Program - stipulation of guilt to 2 counts unlawfully influencing voter; 1 count electioneering

Prosecution Diversion Program - stipulation of guilt to 3 counts Illegal Voting

Prosecution Diversion Program - stipulation of guilt to 4 counts Illegal Voting

Prosecution Diversion Program - stipulation of guilt to 7 counts Illegal Voting

Dispositionb

Election Integrity Case Studies & Policy July 2021

Texas Public Policy Foundation

Defendant

Miguel Moreno

Veronica Flores Vega

Abigail Estrada

Dora Barrera

Nitzia Marbella Flores

Eusebio Lopez

Adelaida Lopez

Alayssa Lopez

Zeida S. Maldonado

Jose Guadalupe Garcia

Andrea Martinez

Rudolfo A. Trevino

Raul Lozano Jr.

Deyla Maria Garcia

Lariah Saenz

Juan Vela

Leticia Munoz Vela

Guadalupe Garza

Countya

Starr

Kenedy

Starr

Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting

Allegation Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting CX1897927803

CX9033550035

CX9693226046

2016 Primary; 2016 Primary Runoff Election 2016 Primary; 2016 Primary Runoff Election 2016 Primary; 2016 Primary Runoff Election

CX9041380477

CX2940077682

CX8789204507

2018 March Democratic Primary 2018 March Democratic Primary 2018 March Democratic Primary

CX8930944834

CX2635106999

2016 Primary; 2016 Primary Runoff Election

2016 March Democratic Primary

CX6361275996

2016 Primary; 2016 Primary Runoff Election

CX4183309968

CX5913948503

CX0876257916

CX6220705016

2016 Primary; 2016 Primary Runoff Election

2016 Primary; 2016 Primary Runoff Election 2016 Primary; 2016 Primary Runoff Election 2016 Primary; 2016 Primary Runoff Election

CX0192300090

2016 Primary; 2016 Primary Runoff Election

CX4783488382

CX7915417228

CX2819749616

CX4341881207

Mar. 2016 Primary Election 2016 Primary; 2016 Primary Runoff Election 2016 Primary; 2016 Primary Runoff Election 2016 Primary; 2016 Primary Runoff Election

Cause/Case Numberd

Election Involved

1 Count Fraudulent Use of Application for Ballot by Mail; 1 Count Illegal Voting 1 Count False Statement on Application; 1 Count Illegal Voting 1 Count False Statement on Application; 3 Counts Illegal Voting 1 Count False Statement on Application; 5 Counts Illegal Voting 1 Count False statement on application; 2 Counts False information on application for ballot by mail; 2 Counts Tampering with a governmental record; 1 Count Illegal Voting

Information as of 2/12/2021

# Offenses Charged

1 Count Fraudulent Use of Application for Ballot by Mail; 1 Count Illegal Voting

1 Count Fraudulent Use of Application for Ballot by Mail; 2 Counts Illegal Voting 1 Count Fraudulent Use of Application for Ballot by Mail; 2 Counts Illegal Voting 1 Count Fraudulent Use of Application for Ballot by Mail; 2 Counts Illegal Voting 1 Count Fraudulent Use of Application for Ballot by Mail 1 Count Fraudulent Use of Application for Ballot by Mail 1 Count Fraudulent Use of Application for Ballot by Mail

1 Count Fraudulent Use of Application for Ballot by Mail; 1 Count Illegal Voting

Charge(s) 1 Count Fraudulent Use of Application for Ballot by Mail 1 Count Fraudulent Use of Application for Ballot by Mail 1 Count Fraudulent Use of Application for Ballot by Mail 1 Count Fraudulent Use of Application for Ballot by Mail 1 Count Fraudulent Use of Application for Ballot by Mail; 2 Counts Illegal Voting

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Resolved

7/25/2018

7/17/2018

6/26/2018

6/25/2018

6/26/2018

6/25/2018

6/26/2018

Resolution Date

E.C. 13.007; E.C. 84.0041; P.C. 37.10; E.C. 64.012

E.C. 13.007; E.C. 64.012

E.C. 84.0041; E.C. 64.012

E.C. 84.0041

E.C. 84.0041; E.C. 64.012

E.C. 84.0041

Statute Violated

Page 8

Prosecution Diversion Program - stipulation of guilt to 1 Count False statement on application; 2 Counts False information on application for ballot by mail; 2 Counts Tampering with a governmental record; 1 Count Illegal Voting

Prosecution Diversion Program - stipulation of guilt to 1 Count False Statement on Application and 5 Counts Illegal Voting

Prosecution Diversion Program - stipulation of guilt to 1 Count False Statement on Application and 3 Counts Illegal Voting

Prosecution Diversion Program - stipulation of guilt to 1 Count False Statement on Application and 1 Count Illegal Voting

Prosecution Diversion Program - stipulation of guilt to 1 Count fraudulent use of application for ballot by mail and 1 Count Illegal Voting

Prosecution Diversion Program - stipulation of guilt to 1 Count fraudulent use of application for ballot by mail Prosecution Diversion Program - stipulation of guilt to 1 Count fraudulent use of application for ballot by mail Prosecution Diversion Program - stipulation of guilt to 1 Count fraudulent use of application for ballot by mail

Prosecution Diversion Program - stipulation of guilt to 1 Count fraudulent use of application for ballot by mail and 2 Counts Illegal Voting

Prosecution Diversion Program - stipulation of guilt to 1 Count fraudulent use of application for ballot by mail and 1 Count Illegal Voting

Prosecution Diversion Program - stipulation of guilt to 1 Count fraudulent use of application for ballot by mail and 2 Counts Illegal Voting

Dispositionb Prosecution Diversion Program - stipulation of guilt to 1 Count fraudulent use of application for ballot by mail Prosecution Diversion Program - stipulation of guilt to 1 Count fraudulent use of application for ballot by mail Prosecution Diversion Program - stipulation of guilt to 1 Count fraudulent use of application for ballot by mail Prosecution Diversion Program - stipulation of guilt to 1 Count fraudulent use of application for ballot by mail

July 2021 Election Integrity Case Studies & Policy

www.TexasPolicy.com 23

Laura Janeth Garza AKA Angie Yadira Zamora

Artemio Lopez

Charles Jackson

William Williams

Bernice Garza

John Alsup

Betty Anderson

Harris/ Montgomery

Starr

Tarrant

Polk

Starr/Hidalgo

Harris

James Core

Robstown 2016 Primary Runoff

Vote Harvesting/Mail Ballot Fraud/Assistance Fraud/Illegal voting

Cynthia Kay Gonzales

Nueces/ San Patricio

Harris

2016 March Democratic Primary

Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting

Brandon Lee Garza

Starr

CR-0115-19-J

CX8794422517

2018 General Election; 2019 Special Election; 2020 Primary

Voter Registration

False Statement on Registration Application; Illegal Voting; Tampering with Government Record; Election Fraud - False Registration Address

False Statement on Registration Application; Tampering with Government Record; Election Fraud - False Registration Address

CX8794422517

False Statement on Registration Application; Tampering with Government 2018 General Election Record; Election Fraud - False Registration Address

2016 Democratic Primary Election

Illegal Voting/Mail Ballot Fraud Impersonation of deceased voter, Mail ballot application fraud, Mail ballot cast for voter who was dead 9 years

1565412

CX1976897707

2016 Democratic Primary Election

False Statement on Application Mail Ballot Fraud/Vote Harvesting - Forged Voter's Signature

CX8019112853

18-05-06033; 18-05-06032

18-CR-83109; 18-CR-83110; 18-CR-83111

CX6232993804

Cause/Case Numberd

Tampering with a Governmental Record; Illegal Voting (voting ballot of 2018 General Election another); Election Fraud - Mail Ballot

2016 March Democratic Primary

Vote Harvesting/Mail Ballot Fraud - Fraudulent Use of Application for Ballot by Mail; Illegal Voting

Illegal Voting (non-citizen); 2016 General Election Impersonation of a U.S. Citizen

Election Involved

Allegation

Defendant

Countya

1 Count False statement on application; 2 Counts False information on application for ballot by mail; 2 Counts Tampering with a governmental record; 3 Counts Illegal Voting

Information as of 2/12/2021

1 Count - False Statement on Application, 1 Count Tampering with a Government Record, 1 Count Election Fraud

1 Count - False Statement on Application, 3 Counts Illegal Voting; 1 Count Tampering with a Government Record, 1 Count Election Fraud

1 Count - False Statement on Application, 1 Count Tampering with a Government Record, 1 Count Election Fraud

Counts 1-2 - Illegal voting Count 3 - False Statement on Mail Ballot Application

Cause 1 - illegal voting voter impersonation; Cause 2 - Illegal voting (non-citizen)

2 Counts - Tampering with a Governmental Record; 2 Counts - Illegal Voting (voting mail ballot of another); 2 Counts Election Fraud

Count 1 – carrier envelope action, SJF; Count 2 – method of returning marked ballot, SJF; Count 3 – assisting voter, SJF; and Count 4 – illegal voting, 2nd Degree Felony

False Statement on Mail Ballot Application

# Offenses Charged

Charge(s) 1 Count False statement on application; 2 Counts False information on application for ballot by mail; 2 Counts Tampering with a governmental record; 1 Count Illegal Voting

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Resolved

8/18/2020

8/14/2020

8/17/2020

1/24/2019

8/5/2019

10/10/2018

9/17/2018

9/13/2018

8/14/2018

7/25/2018

Resolution Date

E.C. 13.007; P.C. 37.10; E.C. 276.013

E.C. 13.007; E.C. 64.012; P.C. 37.10; E.C. 276.013

E.C. 13.007; P.C. 37.10; E.C. 276.013

E.C. 64.012; E.C. 84.0041

P.C. 37.10; E.C. 64.012; E.C. 276.013

E.C. 84.0041

E.C. 13.007; E.C. 84.0041; P.C. 37.10; E.C. 64.012

E.C. 64.012

E.C. 86.0051; 86.006; 64.036; 64.012

E.C. 13.007; E.C. 84.0041; P.C. 37.10; E.C. 64.012

Statute Violated

Page 9

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 1 Count Tampering with a Government Record; 1 Count Election Fraud

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 3 Counts Illegal Voting; 1 Count Tampering with a Government Record; 1 Count Election Fraud

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 1 Count Tampering with a Government Record; 1 Count Election Fraud

Dism'd in exchange for Defendant's cooperation with the State and an ongoing investigation by the Texas Rangers.

Prosecution Diversion Program - stipulation of guilt to 2 Counts Tampering with a Governmental Record; 2 Counts Illegal Voting (voting ballot of another); 2 Counts Election Fraud

Convicted of False Statement on Mail Ballot Application; sentenced to 10 days county jail.

Convicted of two counts of Illegal Voting for impersonating a voter and voting when she was not eligible to vote (noncitizen); 10 years TDCJ probated for 10 years, with 180 days in jail as condition, $10,000 fine probated for 10 years.

Convicted of unlawful possession of a ballot (86.006); carrier envelope action other than voter (86.0051); and unlawfully assisting voter with a mail ballot (86.010); sentenced to 180 days jail probated for 540 days, 180 days probated for 540 days, and 365 days probated for 540 days and a $500 fine, respectively. Sentenced to served 5 days county jail, day for day, as condition of probation.

Dispositionb

Election Integrity Case Studies & Policy July 2021

Texas Public Policy Foundation

Defendant

Michael Debello

Holly Fondren

Brian Hoffner

Micaela Ladet

David Levy

Kyle Levy

M. Munz

Barnett Pate

John Scott

Aaron Sprecher

Justin Thomas

Countya

Harris

CX8794422517

2018 General Election; 2018 Primary Runoff

Voter Registration

False Statement on Registration Application; Illegal Voting; Tampering with Government Record; Election Fraud - False Registration Address

False Statement on Registration Application; Tampering with Government Record; Election Fraud - False Registration Address

CX8794422517

False Statement on Registration Application; Illegal Voting; Tampering with 2018 General Election Government Record; Election Fraud - False Registration Address

Voter Registration

False Statement on Registration Application; Tampering with Government Record; Election Fraud - False Registration Address

CX8794422517

False Statement on Registration Application; Illegal Voting; Tampering with 2019 Special Election Government Record; Election Fraud - False Registration Address

CX8794422517

False Statement on Registration Application; Illegal Voting; Tampering with 2018 General Election Government Record; Election Fraud - False Registration Address

Cause/Case Numberd

CX8794422517

Election Involved

False Statement on Registration Application; Illegal Voting; Tampering with 2018 General Election Government Record; Election Fraud - False Registration Address

Allegation

1 Count - False Statement on Application, 1 Count Tampering with a Government Record, 1 Count Election Fraud 1 Count - False Statement on Application, 1 Count Tampering with a Government Record, 1 Count Election Fraud

Information as of 2/12/2021

1 Count - False Statement on Application, 1 Count Illegal Voting, 1 Count Tampering with a Government Record, 1 Count Election Fraud 1 Count - False Statement on Application, 1 Count Tampering with a Government Record, 1 Count Election Fraud

1 Count - False Statement on Application, 1 Count Tampering with a Government Record, 1 Count Election Fraud 1 Count - False Statement on Application, 2 Counts Illegal Voting, 1 Count Tampering with a Government Record, 2 Counts Election Fraud

1 Count - False Statement on Application, 1 Count Tampering with a Government Record, 1 Count Election Fraud

1 Count - False Statement on Application, 2 Counts Illegal Voting; 1 Count Tampering with a Government Record, 1 Count Election Fraud

1 Count - False Statement on Application, 1 Count Illegal Voting; 1 Count Tampering with a Government Record, 1 Count Election Fraud

1 Count - False Statement on Application, 1 Count Tampering with a Government Record, 1 Count Election Fraud

# Offenses Charged

1 Count - False Statement on Application, 1 Count Illegal Voting; 1 Count Tampering with a Government Record, 1 Count Election Fraud

Charge(s)

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Resolved

8/12/2020

8/20/2020

8/19/2020

8/18/2020

8/11/2020

8/14/2020

8/18/2020

8/14/2020

8/17/2020

8/12/2020

Resolution Date

E.C. 13.007; P.C. 37.10; E.C. 276.013

E.C. 13.007; E.C. 64.012; P.C. 37.10; E.C. 276.013

E.C. 13.007; P.C. 37.10; E.C. 276.013

E.C. 13.007; E.C. 64.012; P.C. 37.10; E.C. 276.013

Statute Violated

Dispositionb

Page 10

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 1 Count Tampering with a Government Record; 1 Count Election Fraud

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 1 Count Illegal Voting; 1 Count Tampering with a Government Record; 1 Count Election Fraud

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 2 Counts Illegal Voting; 1 Count Tampering with a Government Record; 2 Counts Election Fraud

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 1 Count Tampering with a Government Record; 1 Count Election Fraud

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 2 Counts Illegal Voting; 1 Count Tampering with a Government Record; 1 Count Election Fraud

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 1 Count1 Illegal Voting; 1 Count Tampering with a Government Record; 1 Count Election Fraud

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 1 Count Illegal Voting; 1 Count Tampering with a Government Record; 1 Count Election Fraud

July 2021 Election Integrity Case Studies & Policy

www.TexasPolicy.com 25

False Statement on Registration Application; Illegal Voting; Tampering with 2018 General Election Government Record; Election Fraud - False Registration Address

Luis Cruz Jr

Harris

CX8794422517

False Statement on Registration Application; Illegal 2018 General Voting; Tampering with Election; 2019 Government Record; Election Special Election Fraud - False Registration Address

Antonia McClammy

1 Count - False Statement on Application, 1 Count Illegal Voting, 1 Count Tampering with a Government Record, 1 Count Election Fraud

Total Offenses Prosecuted Since 2015 Total Offenses Prosecuted Since 2017

74 57

186

58% 30% 37%

8/20/2020

8/21/2020

9/2/2020

8/21/2020

Resolution Date

272

307 159 199

531

1 Count - False Statement on Application, 2 Counts Illegal Voting, 1 Count Tampering with a Government Record, 1 Count Election Fraud

1 Count - False Statement on Application, 1 Count Tampering with a Government Record, 1 Count Election Fraud

Total Counts/ Offenses Prosecuted Mail Ballot Fraud Number of offenses related Assistance Fraud to cases involving: Illegal Voting

CX8794422517

# Offenses Charged

Charge(s) 1 Count - False Statement on Application, 1 Count Tampering with a Government Record, 1 Count Election Fraud

Dispositionb

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 1 Count Illegal Voting; 1 Count Tampering with a Government Record; 1 Count Election Fraud

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 2 Counts Illegal Voting; 1 Count Tampering with a Government Record; 1 Count Election Fraud

Prosecution Diversion Program - stipulation to the commission of 1 Count False Statement on Application; 1 Count Tampering with a Government Record; 1 Count Election Fraud

Note: significant overlap in fraud activity involving (two or more of) mail ballot fraud, assistance fraud, and illegal voting in the same case results in totals > 100%.

E.C. 13.007; E.C. 64.012; P.C. 37.10; E.C. 276.013

E.C. 13.007; P.C. 37.10; E.C. 276.013

Statute Violated

Information as of 2/12/2021

Page 11

County offense occurred/County offense prosecuted. | For complete information on disposition, see judgment and sentence agreement. Prosecution Diversion Program includes an acknowledgment of the commission of offense/s. Prosecuted with assistance of local district/county attorney pursuant to E.C. 273.002. | d Cause number, where available; otherwise, OAG investigation or prosecution case number. This document is not a summary of all election violations in this state. This document does not record or report offenses handled exclusively by local law enforcement, district or county attorneys, or federal authorities. This document only reflects cases investigated and/or prosecuted by the OAG.

CX8794422517

Voter Registration

False Statement on Registration Application; Tampering with Government Record; Election Fraud - False Registration Address

Judith Zimmerman

Harris

CX8794422517

Voter Registration

Danelle Reed

Harris

Cause/Case Numberd

Election Involved

Allegation

False Statement on Registration Application; Tampering with Government Record; Election Fraud - False Registration Address

Defendant

Countya

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Resolved

Election Integrity Case Studies & Policy July 2021

Texas Public Policy Foundation

Defendant

Mary Comparin

Zena Collins Stephens

Ray Elliott Beck

Joseph Sterling Stevenson

Marcela Gutierrez

Sara Ornelas

Sylvia Arjona

Leticia Sanchez

Countya

Bexar

Jefferson/ Chambers

Hidalgo

Tarrant

2016 General Election

Bribery, unlawfully accepting a cash contribution ($5,000/$1,000), tampering with a campaign finance report

2016 City of Hidalgo Runoff Election

2016 Democratic Primary Election

Unlawfully assisting/influencing voters

Illegal Voting - voting another's ballot; Vote Harvesting/Mail Ballot Fraud False Statement on Mail Ballot Application

Counts 1-4 - unlawfully assisting/influencing voters

CR-18-08167-H; CR-18-08168-H; CR-18-08169-H; CR-18-08295-H

Count 1 - Illegal voting Counts 2-17 - False Statement on Mail Ballot Application

Counts 1-3 - unlawfully assisting/influencing voters

CR-18-08296-A; CR-18-08297-A; CR-18-08170-A

1565416

Misdemeanor cases 1-10 Unlawfully Assisting/influencing Voters; Felony count 1 - Illegal Voting

CR-18-08298-G; CR-18-08299-G; CR-18-08300-G; CR-18-08301-G; CR-18-08302-G; CR-18-08303-G; CR-18-08304-G; CR-18-08305-G; CR-18-08306-G; CR-18-08307-G

Count 1 - unlawfully accepting a cash contribution; Count 2 - failure to return a political contribution

Count 1 - tampering with an election record; Count 2 - unlawfully accepting a cash contribution; Count 3 - unlawfully accepting a cash contribution

Unlawfully accepting a cash contribution

10/10/2018

5/31/2018

6/1/2018

4/26/2018

9/18/2011

# Counts Charged Date Charged

2 counts of illegal voting - voter impersonation

Charge(s)

18DCR0154

18DCR0153

18DCR0152

2011-CR-7939

Cause Number

Information as of 2/12/2021

2016 City of Hidalgo Runoff Election

Unlawfully assisting/influencing voters; illegal voting

Bribery, unlawfully accepting a cash 2016 Democratic Primary contribution Election

2016 General Election

2008 General Election

Illegal voting - voter impersonation (voting for 20 years using the identity of a deceased voter still on voter rolls), benefits fraud (receiving SS benefits for herself and a deceased individual)

Bribery, unlawfully accepting a cash contribution

Election Involved

Allegation

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Pending

E.C. 64.012 (a) 4; E.C. 84.0041

E.C. 64.036

E.C. 64.036; 64.012

E.C. 253.033

E.C. 253.033; 254.034

P.C. 37.10; E.C. 253.033

E.C. 64.012 (a) 3

Statute Violated

July 2021 Election Integrity Case Studies & Policy

www.TexasPolicy.com 27

Marites Curry

Anthony Rodriguez

Ricardo Molina

Dalia Molina

Julio Carranza

Araceli Gutierrez

Navarroc

Harrisc

Hidalgoc

Belinda Rodriguez

Laura Parra

Tarrant

Hidalgoc

Maria Rosa Solis

Tarrant

Alyssa Cano

Leticia Sanchez Tepichin

Tarrant

Hidalgoc

Defendant

Countya

Illegal Voting

CR-3349-19-A

Information as of 2/12/2021

CR-3343-19-A

2017 City of Edinburg Election

Organized Election Fraud - Illegal Voting

2017 City of Edinburg Election

Organized Election Fraud - Illegal Voting

CR-3493-19-A

2017 City of Edinburg Election

Organized Election Fraud - Illegal Voting

1629438

D38883-CR

1565155

1565413

1565415

Cause Number

2017 City of Edinburg Election

Organized Election Fraud - Illegal Voting

Illegal Voting

2018 General Election

2016 Democratic Primary Election

False Statement on Mail Ballot Application; Vote Harvesting/Mail Ballot Fraud

Election Fraud - False Statement to Election Official

2016 Democratic Primary Election

False Statement on Mail Ballot Application; Vote Harvesting/Mail Ballot Fraud

2016 Presidential Election

2016 Democratic Primary Election

False Statement on Mail Ballot Application; Vote Harvesting/Mail Ballot Fraud

Illegal Voting - Non-Citizen

Election Involved

Allegation

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Pending

Count 1 - Engaging in Organized Election Fraud Counts 2-3 - Illegal Voting Count 1 - Engaging in Organized Election Fraud Counts 2-3 - Illegal Voting Count 1 - Engaging in Organized Election Fraud Count 2 - Illegal Voting

Illegal Voting

Count 1 - Engaging in Organized Election Fraud Counts 2-12 - Illegal Voting

Illegal Voting

8/22/2019

8/29/2019

8/22/2019

6/6/2019

4/26/2019

12/20/2018

10/10/2018

# Counts Charged Date Charged

Counts 1-2 - Election Fraud

Illegal Voting

Counts 1 - False Statement on Mail Ballot Application

Counts 1-2 - False Statement on Mail Ballot Application

Counts 1-9 - False Statement on Mail Ballot Application

Charge(s)

E.C. 64.012

E.C. 276.011; E.C. 64.012

E.C. 276.013

E.C. 64.012

E.C. 84.0041

Statute Violated

Election Integrity Case Studies & Policy July 2021

Texas Public Policy Foundation

Defendant

Brenda Rodriguez

Crystal Lee Ponce

Cynthia Tamez

Daniel Castillo

Felisha Rodriguez

Francisco Tamez, Jr.

Guadalupe Garza

Jose Martinez

Jose Vela

Ludivina Leal

Maria Aleman

Rosendo Rodriguez

Ruby Tamez

Veronica Vela Saenz

Countya

Hidalgoc

Hidalgoc Illegal Voting

Illegal Voting

Allegation CR-3344-19-A

CR-3341-19-A

CR-3339-19-A

CR-3494-19-A

CR-3346-19-A

CR-3348-19-A

CR-3342-19-A

CR-3347-19-A

CR-3491-19-A

CR-3492-19-A

CR-3338-19-A

CR-3345-19-A

CR-3340-19-A

CR-3337-19-A

2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election 2017 City of Edinburg Election

Information as of 2/12/2021

Cause Number

Election Involved

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Pending

Illegal Voting

Counts 1-2 - Illegal Voting

Illegal Voting

Charge(s)

8/22/2019

8/29/2019

8/22/2019

8/29/2019

8/22/2019

# Counts Charged Date Charged

E.C. 64.012

Statute Violated

July 2021 Election Integrity Case Studies & Policy

www.TexasPolicy.com 29

30 2018 Democratic Primary

2018 Democratic Primary

2020 Presidential Election

Organized Election Fraud - Vote Harvesting

Voter Registration Fraud - Vote Harvesting

Shannon Everette Brown

Marlena Roseanne Jackson

Charlie Burns, Jr.

DeWayne Ward

Kelly Reagan Brunner

Gregg

Limestonec

Information as of 2/12/2021

15126-A

50947-B

50951-B

50949-B

50953-B

2018 Democratic Primary

Organized Election Fraud - Vote Harvesting

Stan "Stosh" Boyle

19-2108-CR-C; CCL-19-0809

2017 City of Cibolo Election; 2019 City of Cibolo Election

Tampering with Government Record - Application for Candidacy - Felony Conviction/Ineligible for Office

Guadalupe

Cause Number

Election Involved

Allegation

Defendant

Countya

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Pending

1 count of Engaging in Organized Election Fraud (F1), 1 count of Illegal Voting (F2), 31 counts of Fraudulent Use of an Application for Ballot by Mail (F3), 7 counts of Unlawful Possession of Ballot/Ballot Envelope (SJF), 31 counts of Election Fraud (SJF), and 26 counts of Tampering with a Governmental Record (SJF)

67 counts Purportedly Acting as Agent (F3), 67 counts Election Fraud (SJF)

134

1 count of Engaging in Organized Election Fraud (F2), 7 counts of Fraudulent Use of an Application for Ballot by Mail (F3), 2 counts of Unlawful Possession of Ballot/Ballot Envelope (SJF), 8 counts of Election Fraud (SJF), and 5 counts of Tampering with a Governmental Record (SJF)

1 count of Engaging in Organized Election Fraud (F3), 1 count of Fraudulent Use of an Application for Ballot by Mail (SJF), 5 counts of Unlawful Possession of a Ballot/Ballot Envelope (SJF), and 1 count of Tampering with a Governmental Record (SJF) 1 count Engaging in Organized Election Fraud (F1), 1 count of Unlawful Possession of Ballot or Carrier Envelope without the Consent of the Voter (F2), and 4 counts Unlawful Possession of Ballot/Ballot Envelope (SJF)

10/21/2020

9/23/2020

9/5/19; 7/26/19

# Counts Charged Date Charged

1 count of Aggravated Perjury, 1 count of Tampering w/Government Record with Intent to Defraud, 1 count of Tampering with a Government Record

Charge(s)

E.C. 13.006; 276.013

E.C. 276.011; 86.006

E.C. 276.011; 84.0041; 86.006; 276.013; PC 37.10

E.C. 276.011; 64.012; 84.0041; 86.006; 276.013; PC 37.10

E.C. 276.011; 84.0041; 86.006; 276.013; PC 37.10

P.C. 37.03; P.C. 37.10

Statute Violated

Election Integrity Case Studies & Policy July 2021

Texas Public Policy Foundation

Eva Ann Martinez

Leonor Rivas Garza

Mary Jane Balderrama

Tomas Ramirez

Medina/ Bandera

2018 Republican Primary

Organized Election Fraud - Vote Harvesting

CR21-021

CR21-020

CR21-019

CR21-022

Cause Number

2/9/2021

E.C. 276.011; E.C. 86.006; E.C. 86.010

E.C. 276.011; E.C. 64.012; E.C. 86.006; P.C. 37.10; E.C. 276.013; E.C. 84.0041; E.C. 86.010

Prosecuted with assistance of local district/county attorney pursuant to

508

2/9/2021

E.C. 276.011; E.C. 64.012; E.C. 86.006; E.C. 276.013; E.C. 84.0041

E.C. 276.011; E.C. 64.012; E.C. 86.006; E.C. 13.006; P.C. 37.10; E.C. 276.013; E.C. 84.0041; E.C. 86.010

Statute Violated

Information as of 2/12/2021

This document is not a summary of all election violations in this state. This document does not record or report offenses handled exclusively by local law enforcement, district or county attorneys, and federal authorities. This document only reflects cases investigated and/or prosecuted by the OAG.

Total Counts/ Offenses Pending Prosecution

1 count Engaging in Organized Election Fraud (F1); 9 counts Illegal Voting (F2); 2 counts Unlawful Possession of Ballot/Ballot Envelope Enhanced (SJF); 1 count Fraudulent Use of Mail Ballot Application Enhanced (F3); 2 Counts Unlawfully Assisting Voter Voting Ballot by Mail Enhanced (F3); 2 counts Tampering w/Government Document with Intent to Harm or Defraud (SJF); 8 counts Election Fraud Enhanced (SJF) 1 count Engaging in Organized Election Fraud (F1); 17 counts Unlawful Possession of Ballot/Ballot Envelope Enhanced (SJF); 17 counts Unlawfully Assisting Voter Voting Ballot by Mail Enhanced (F3)

1 count Engaging in Organized Election Fraud (F1); 2 counts Illegal Voting (F2); 8 counts of Unlawful Possession of Ballot/Ballot Envelope Enhanced (SJF); 2 counts Election Fraud Enhanced (SJF); 5 counts Fraudulent Use of Mail Ballot Application Enhanced (F3)

2/9/2021

# Counts Charged Date Charged

Charge(s) 1 count Engaging in Organized Election Fraud (F1), 9 counts Illegal Voting (F2), 15 counts Unlawful Possession of Ballot/Ballot Envelope Enhanced (SJF), 3 counts Purportedly Acting as an Agent (F3), 5 counts Tampering w/Government Document w/Intent to Harm or Defraud (SJF), 14 counts Election Fraud Enhanced (SJF), 4 counts Fraudulent Use of Mail Ballot Application Enhanced (F3), 13 counts Unlawfully Assisting Voter Voting Ballot by Mail Enhanced (F3)

Investigated by local law enforcement and referred to OAG for prosecution |

2018 Republican Primary

Organized Election Fraud - Vote Harvesting

Election Involved

Allegation

County offense occurred/County offense prosecuted. | E.C. 273.002.

Defendant

Countya

Office of the Attorney General of Texas Election Fraud Violations Prosecutions Pending

July 2021 Election Integrity Case Studies & Policy

www.TexasPolicy.com 31

Election Integrity Case Studies & Policy

July 2021

References

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McCullough, J. (2020, October 27). Texas counties will have only one drop-off location for mail-in ballots. Texas Tribune. https://www.texastribune.org/2020/10/27/texas-voting-elections-mail-in-drop-off/ Menslage, J. (2020, October 29). New legal action filed in Texas Supreme Court and federal district court to stop illegal drivethru voting in Harris County. Katy Christian Magazine. https://www.katychristianmagazine.com/2020/10/29/newlegal-action-filed-in-texas-supreme-court-and-federal-district-court-to-stop-illegal-drive-thru-voting-in-harriscounty/ Miller, S. (2019, March 19). Why ballot fraud is as big as Texas, despite local enforcers. The Texas Monitor. https://texasmonitor.org/why-ballot-fraud-is-as-big-as-texas-despite-local-enforcers/ Miranda Hurtado-Ramos. (2020, April 28). Rep. Anna Eastman- Apply to Vote by Mail! [Video]. Vimeo. https://vimeo.com/412777065 Morris, A. (2020, November 9). Texas Republicans sue over clerks allegedly obstructing poll watchers. Texas Lawyer. https://www.law.com/texaslawyer/2020/11/09/texas-republicans-sue-over-clerks-allegedly-obstructing-poll-watche rs/?slreturn=20210529100440 National Conference of State Legislatures. (2021, June 11). State laws governing early voting. https://www.ncsl.org/research/ elections-and-campaigns/early-voting-in-state-elections.aspx Pew Research Center. (2020, November 20). The voting experience in 2020. In Sharp divisions on vote counts, as Biden gets high marks for his post-election conduct. https://www.pewresearch.org/politics/2020/11/20/the-voting-experiencein-2020/ Platoff, E. (2020, October 7). Harris County can’t send mail-in ballot applications to all voters, Texas Supreme Court rules. The Texas Tribune. https://www.texastribune.org/2020/10/07/harris-county-mail-in-ballot-applications/ Public Interest Legal Foundation. (2020). Critical condition: American voter rolls filled with errors, dead voters, and duplicate registrations https://publicinterestlegal.org/pilf-files/Report-Critical_Condition-Web-FINAL-FINAL.pdf Poll: Texans’ concerns spike on border crisis. (2021, April 16). Texas Public Policy Foundation. https://www.texaspolicy.com/ press/poll-texans-concerns-spike-on-border-crisis Rasmussen. (2021, April 6). 75% say voter ID necessary, majority oppose Georgia boycott. Rasmussen Reports. https://www.rasmussenreports.com/public_content/politics/general_politics/april_2021/75_say_voter_id_ necessary_majority_oppose_georgia_boycott Reinhart, R. J. (2020, February 13). Faith in elections in relatively short supply in U.S. Gallup. https://news.gallup.com/poll/ 285608/faith-elections-relatively-short-supply.aspx Roy, C. (2021, April 21). The realities of voter fraud in Texas and other states [Memorandum]. https://files.texaspolicy.com/ uploads/2021/04/26105049/Roy-Memo__-Election-Fraud-in-Texas.pdf SB 1114 Bill Analysis. Elections Committee Report. 87th Texas Legislature. Regular. (2021). https://capitol.texas.gov/ tlodocs/87R/analysis/pdf/SB01114H.pdf#navpanes=0 Significant voter fraud initiative announced, offers assistance in addressing Starr County voter fraud. (2018, February 7). Corridor News. https://smcorridornews.com/significant-voter-fraud-initiative-announced-offers-assistance-inaddressing-starr-county-voter-fraud/ Sternitzky-Di Napoli, D. (2020, April 29). Harris County to expand vote by mail in time for July runoff election. Click2Houston.com. https://www.click2houston.com/news/local/2020/04/29/harris-county-to-expand-vote-bymail-in-time-for-july-runoff-election/ Texas House Elections Committee. (2021,). April 1, 2021, hearing on HB 6 [Video]. Texas House of Representatives. https://tlchouse.granicus.com/MediaPlayer.php?view_id=46&clip_id=20041 34

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Texas Public Policy Foundation. (2020, January 24). Politiquería: The threat to free and fair elections [Video]. YouTube. https://www.youtube.com/watch?v=afGzRhoHLs4 Texas Secretary of State. (2020, August 27). Letter to Chris Hollins, Harris County clerk [Letter]. https://static.texastribune. org/media/files/9078f160593df832d2704969c73628c5/SOSLetter_HarrisCountyVBM.pdf?_ga=2.63859817. 758065365.1625868044-836824197.1616519148 Texas Senate State Affairs Committee. (2019, March 18). March 18, 2019, hearing (Part I) [Video]. Texas Senate. https://tlcsenate.granicus.com/MediaPlayer.php?view_id=45&clip_id=13973 Timm, J. C. (2021, March 31). Texas woman sentenced to five years for trying to vote gets new appeal. NBC News. https:// www.nbcnews.com/politics/elections/texas-woman-sentenced-five-years-trying-vote-gets-new-appeal-n1262691 True confessions of Texas vote harvesters. (2019, February 19). Real Clear Investigations. https://www.realclearinvestigations.com/articles/2019/02/19/true_confessions_of_texas_vote_harvesters.html Tsiaperas, T. (2018, June 20). Bogus voter gets 180 days in Dallas jail for forging mail-in ballot. Dallas Morning News. https://www.dallasnews.com/news/courts/2018/06/20/bogus-voter-gets-180-days-in-dallas-jail-for-forging-mailin-ballot Ura, A. (2019, February 1). Texas went looking for voter fraud. Then everything fell apart. The Texas Tribune; The Texas Tribune. https://www.texastribune.org/2019/02/01/texas-citizenship-voter-roll-review-how-it-turned-boondoggle/ Vaughn, J. (2020, November 13). Texas Supreme Court denies suit alleging Republican poll watchers were turned away. Dallas Observer. https://www.dallasobserver.com/news/texas-supreme-court-denies-suit-alleging-republican-pollwatchers-were-turned-away-11961566 Vera, C. (2020, April 22). Vote harvesting in Harris County? Beyond coincidence? Texas Trash Talk blog. http://www.texastrashtalk.com/2020/04/vote-harvesting-in-harris-county-beyond.html Vera, C. (2021, June 12). Breaking news: Harris County voter applied for a ballot by mail - 29 years after her death. Texas Trash Talk blog. http://www.texastrashtalk.com/2021/06/breaking-news-harris-county-voter.html Virgin, Y. (2020, November 3). This isn't one woman's first time in the news for voter fraud allegations. Fox 29. https://www.msn.com/en-us/news/us/this-isn-t-one-woman-s-first-time-in-the-news-for-voter-fraud-allegations/ ar-BB1aDwWU von Spakovsky, H. (2021, May 10). Voter suppression? Dems flat-out wrong. Census data gives real story about U.S. elections. Heritage Foundation. https://www.heritage.org/election-integrity/commentary/voter-suppression-dems-flat-outwrong-census-data-gives-real-story Voter Fraud. (2020). In Martinez (Ed.). 2021-22 legislator’s guide to the issues. Texas Public Policy Foundation. https://files.texaspolicy.com/uploads/2020/09/29100949/2021-22-Lege-Guide-1-pager-EPP-Voter-Fraud.pdf

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ABOUT THE AUTHORS Chad Ennis is a senior fellow for the Election Protection Project and attorney for the Center for the American Future. Before joining the Foundation, he was in private practice with a focus on complex intellectual property disputes. Ennis graduated cum laude from the University of Missouri with a degree in chemical engineering. He received his law degree with honors from the University of Texas School of Law. Mike Leland is the campaign director for the Election Protection Project. He is an outreach and policy professional with more than 10 years experience working with DC-based non-profits, state and federal government, state-based think tanks, and grassroots audiences. Most recently he served as senior director of outreach and operations at the Committee for Economic Development (CED), the public policy center of the Conference Board, and was responsible for the creation and relaunch of their external affairs and government affairs capacities. While at the CED Center he oversaw event management and execution of outreach and communications plans for interactions with more than 160 C-Suite members of the business community focused on issues such as sustaining capitalism, regulatory reform, and health care reform. Previously, Leland served as an officer at the Pew Charitable Trusts supporting campaign logistics and a center-right liaison role for the Dental and Public Safety Performance Projects and assisted in passage of legislative reforms related to those issues in eight states. Other experience includes serving as associate director of state outreach for the Mercatus Center at George Mason University supporting projects such as the Economics of Medicaid book, Freedom in the 50 States Rankings, and State Fiscal Rankings project. Mike got his public policy and outreach start in the coalition relations department of the Heritage Foundation working to support their 10 Leadership for America Initiatives. Leland holds a BA in English from Penn State University and an MA in political science from American University. Chuck DeVore is the vice president of national initiatives and the policy director for the Election Protection Project at the Texas Public Policy Foundation. He writes about the economy and how energy, tax, and regulatory policies influence general prosperity, and he frequently appears on Fox News. He also guides the Foundation’s growing national work in criminal justice reform. He authored the book The Texas Model: Prosperity in the Lone Star State and Lessons for America. For six years until he termed out in 2010, DeVore represented almost 500,000 people in the California State Assembly where he was vice chairman of the Committee on Revenue and Taxation as well as a member of the Budget Committee. DeVore was a senior assistant to a U.S. congressman from 1988 to 1990, and in the Reagan-era Pentagon, DeVore was a special assistant for foreign affairs. Prior to his election, DeVore was an executive in the aerospace industry for 13 years analyzing technology and corporate capabilities and working in business development. DeVore is a lieutenant colonel in the U.S. Army (retired) Reserve, having served in both the National Guard and the Reserves. DeVore is a graduate of the U.S. Army’s Command and General Staff College’s Command and General Staff Officer Course. He obtained his BA cum laude in strategic studies from Claremont McKenna College. He studied abroad at the American University in Cairo, Egypt.

About Texas Public Policy Foundation

The Texas Public Policy Foundation is a 501(c)3 nonprofit, nonpartisan research institute. The Foundation promotes and defends liberty, personal responsibility, and free enterprise in Texas and the nation by educating and affecting policymakers and the Texas public policy debate with academically sound research and outreach. Funded by thousands of individuals, foundations, and corporations, the Foundation does not accept government funds or contributions to influence the outcomes of its research. The public is demanding a different direction for their government, and the Texas Public Policy Foundation is providing the ideas that enable policymakers to chart that new course.

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