Moving along, but no timeline as yet.
A state district judge from Denton County will oversee a case involving long-time state Rep. Lon Burnam‘s accusations that votes were cast illegally in the Democratic Party primary last month.
State District Judge Robert McFarling was appointed Friday by state District Judge David Evans, the administrative judge for the Eighth Judicial Region. McFarling will replace state District Judge R.H. Wallace.
The Texas Election Code dictates that a judge from outside the county hear a case involving an election challenge.
Burnam has also filed motions to subpoena former Elections Administrator Steve Raborn and interim Elections Administrator Stephen Vickers.
Raborn announced his resignation in December and will become president of Votec, a company based in San Diego, Calif., that focuses on voter registration and election management software.
Raborn’s motion stated that the elections administrator is neutral, but is required to protect records from unauthorized release and that the elections office is compiling records that can be released publicly.
“Because the documents sought involve the privacy rights of hundreds of people, they cannot be released to the litigants merely to satisfy their curiosity if there is no reason to believe votes were cast by persons who were not entitled to vote, or to believe that persons who were entitled to vote were denied the right to vote,” the motion stated.
His motion went on to say that no mail ballots from District 90 were denied, and that the question is whether there may be persons who voted who may not be entitled to vote.
See here for the background. As I said before, the question Burnam is raising is pretty straightforward – does the elections code as it exists allow for mobile computers to process vote by mail applications? – though obviously open to interpretation. I’ll be surprised if this one doesn’t wind up before the Supreme Court eventually, however it gets decided initially. Again, I think the law should allow what Ramon Romero’s campaign team did, and I think someone should write a bill to clarify the laws in question regardless of how this case is decided. It would be fitting if whoever wins this lawsuit is the one that files the bill.