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TDP responds to Vasquez

From Saturday’s op-ed pages, here’s the Texas Democratic Party’s response, written by the TDP’s legal counsel Chad Dunn, to Leo Vasquez in the matter of Ed Johnson.

Johnson’s conflict of interest doesn’t pass the smell test, and during the course of our lawsuit, we’ve found evidence that improper partisanship may have affected the conduct of elections in Harris County.

For example:

1. Problems with Johnson’s provisional ballot operation were pointed out last November by a Republican, Jim Harding, who chaired the Harris County Ballot Board. Provisional ballot affidavits were not processed by the tax office until five days after the deadline required by state law, forcing the ballot board to review most of the more than 7,000 provisional ballots in just 24 hours.

2. Harding complained that tax office employees altered official election records with white-out and corrective tape in violation of federal law. Sworn depositions later revealed that Ed Johnson had personally reviewed, and possibly changed, the recommendations of career staff regarding the counting of provisional ballots that included the names of Johnson’s Republican clients.

3. As reported by KHOU-TV and the Houston Chronicle last October, 11,350 timely voter registration applications were not processed in time to be put on the voter rolls by the first day of early voting in 2008, as required by state law, a problem not experienced in any other Texas county.

4. During the 2008 election cycle, Harris County rejected almost 70,000 voter registration applications. In Dallas County, where applications are processed by nonpartisan election officials, only 1,183 applications were rejected. Harris County has refused to make the database that tracks these rejected applications available for inspection.

5. During the same time period, Harris County removed 200,000 names — or 10 percent of the county’s voters — from the voter registration list for unknown reasons.

6. Additional evidence reveals that voter registration applicants who applied months before the election did not receive letters notifying them of their rejection status or asking for more information until Election Day or days after, another violation of state law that may have denied many the right to vote.

These problems are not “frivolous” matters.

Just thought I’d mention that the Democrats have had pretty good luck in recent years with election-related lawsuits. It was a lawsuit filed by several losing candidates after the 2002 election that led to the revelations about campaign finance violations by TAB and TRMPAC, which in turn led to a bunch of indictments, some convictions, and the eventual downfall of Tom DeLay. It was another Democratic lawsuit after DeLay’s resignation and withdrawal from the ballot in 2006 that forced the Republicans to run a write-in candidate in that election. That lawsuit was, naturally, declared “frivolous” by Republican Party of Texas Chair Tina Benkiser. That doesn’t mean this one’s a winner as well, but all things considered I like our odds.

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