"You shall not steal, nor deal falsely, nor lie to one another."
From Senator Hall:
Texas election laws are not being followed in many counties. Without this consistency, and with the "it's the way we do it" attitude, this has greatly opened the door to fraud. The true intent of the Legislature was to ensure voter integrity at the highest expectation is achieved. Unwarranted waivers allowing election officials to ignore law that was intended to protect the integrity of elections and a blatant disregard for the intent of the legislature is creating unprecedented opportunity for voting fraud in Texas.Read the whole thing here.
Because current Texas election practices and procedures are inconsistent, it is not possible to truthfully validate any election result or conduct a legally sufficient ballot recount in the Texas counties where “electronic” voting, without a paper trail, is being allowed. The procedures for assuring vote integrity, which are clearly stated in the Texas Constitution and Texas Election Code are not being followed.
Texas election laws mandate a system of checks and balances that include paper and electronic tabulation of election results when the polls open and close to prevent fraud and corruption of votes cast electronically. Specifically, Chapters 65 and 66 of the Texas Election Code provide that when polls close, precinct election returns (Results/Tally tapes) are to be printed, signed, and distributed into official election envelopes at the polling location, prior to the equipment leaving the building.
Currently, there are at least four different procedures being followed throughout Texas with regard to retention of paper backup election records for electronic voting. Many counties conduct precinct level voting.
Some of these counties print the tapes and some do not. Likewise, there are counties using countywide voting locations. Some of them print tapes and some do not. Without the printed tapes there is no way to validate the computerized election results. These inconsistencies in election record retention are breeding ground for election fraud and is an unacceptable practice for anyone who believes in the rule of law. Unfortunately many of these inconsistencies are driven by waiver letters, which direct counties to ignore the above election laws. These waivers are being provided by the Texas Secretary of State’s Election Division Office.
Regardless if Texas counties use precinct voting locations or countywide voting locations, all Texas counties should consistently instruct their election judges to a) print and sign Zero Tapes when the polls open for early voting and on election day, and b) print and sign precinct returns (audit tapes/Tally/Results tapes) directly when the polls close at the polling location, when the polls close for early voting and on election day.
In addition, the Secretary of State’s office should cease issuing waivers that instruct county election officials to operate elections unlawfully and in an inconsistent manner across the state. Vote integrity is one of the most sacred responsibilities of our government. Without integrity, we have no legitimate government.