Monday, April 29, 2024
County Judge Ron Massingill and two former Hood County elections administrators are named in a lawsuit that seeks to do away with electronic voting systems and return to paper ballots that are counted by hand.
State officials and officials from 10 or 11 other counties are included in the lawsuit, which was filed July 6 with the Fort Worth Division of the United States District Court for the Northern District of Texas.
A table of contents for the 145-page petition lists 12 counties under the heading “Texas County Failures.” The counties named are Hood, Parker, Comal, Tarrant, Bexar, Travis, Hays, Montgomery, Williamson, Collin, Denton, and Harris.
However, officials from just 11 of those counties are listed among the 58 defendants. No officials from Collin County were included.
Defendants also include Texas Secretary of State John B. Scott, Deputy Secretary of State Jose A. “Joe” Esparza, previous Secretary of State Ruth R. Hughs, and Elections Division Director Keith Ingram.
All defendants are being sued in their individual and official capacities, but no monetary damages are being sought.
The 24 plaintiffs are taking aim at ES&S and Hart Intercivic voting systems.
They are asking that the court “vacate and set aside all uncertified and illegal voting systems/equipment, software, and modifications and implement a paper ballot and hand counting system” as permissible by the Texas Election Code and issue a “preliminary and permanent injunction” prohibiting the defendants from “requiring or permitting” electronic voting systems.
“They’re trying to say that the election equipment was not properly certified,” Massingill said. “Well, that’s really the job of the Secretary of State and the (state) Elections Division.”
Two Hood County residents, Kyle Strongin and Karen Rene Towell, are among the plaintiffs who are listed individually as “a voter” in a specific county.
Collin County is represented on that list. Aubrey Brandon Rhymes is listed as a voter in that county.
Three people from counties not listed among the 12 “Texas County Failures” are also among the plaintiffs. They are Tommie Dickinson of Atascosa County, and Sheron Jennifer Lipper and Lynn Davenport, both of Dallas County.
‘FRIVOLOUS’
Even though county commissioners in other counties on the “Texas County Failures” list are cited as defendants, the only member of the Hood County Commissioners Court named in the petition is Massingill.
The former Hood County elections administrators included in the lawsuit are Michele Carew and Crickett Miller.
Carew, who was hired to replace Miller after Miller resigned to oversee elections in Parker County, had been on the job just weeks when the 2020 presidential election was held. Both women received accolades for their handling of elections while they worked for Hood County but were criticized by some.
Miller is named in the lawsuit in her capacity as elections administrator for Parker County.
Carew and Miller told the Hood County News that they were served with papers on Tuesday, July 12.
Massingill said that he was served on Friday, July 15. He had been out of town for several days attending a conference for county judges and commissioners.
Both Miller and Carew expressed confidence that voting machines used in Hood County are properly certified.
Miller said that the federal government and the Secretary of State’s office must approve voting machines before counties can contract for them. Carew indicated the same.
“It’s frivolous,” Carew said of the suit.
Although the Texas Association of Counties typically provides legal assistance to county governments, Massingill said that won’t happen with the election equipment lawsuit since no monetary damages are involved.
The county judge said that he would ask County Attorney Matt Mills to contact the Secretary of State’s office about the matter.
“The Secretary of State should be filing an answer on behalf of everybody,” he said, “because it all stems from the certification of election equipment.”
