letter from harris county attorney letter from harris county attorney

Judge Craft is represented by Steve Kherker. The case, Paxton v. Longoria, concerns a First-Amendment issue over how provisions in Senate Bill 1, a 2021 law, could lead to civil penalties and or criminal prosecution of county election administrators and volunteer deputy registrars. What horrible crime could OP have committed to receive an envelope full of glitter? And that might be the safe investment for him to make. Well just have to keep an eye on that. The Bell County attorney confirmed last week that a court order there had not been challenged by the Attorney Generals Office or another party. 1 provision no later than February 14, 2022. The amount of evidence theyd need to provide to come close to justifying such an ask, I cant even begin to comprehend. As far as this goes, I dont think anyone is making any new arguments, and there continues to be a large gap between what activists and local governments want out of the project and what TxDOT is willing to give. Corporations, 50% Jerry Garcia, Constable Precinct 2 The Harris County Elections Administrators office debuted the plan in the May 7 election deputizing law enforcement officials and full-time county staffers to deliver ballots from the polling location to the countys central counting station. That may be a bad feature of the law as it now exists, but it is the law and a district court is highly unlikely to deviate from the normal course of behavior. Were not taking the position that the Legislature is opposed to voting by mail, Thompson said. We are doing everything we can to move this project forward, James Koch, director of transportation planning and development for TxDOT in Houston, told a North Houston Association luncheon on Wednesday. On the other side of that, you can see that Judge Hidalgo left it all on the field. The amended complaint was filed on Monday, December 27. Theres clearly a difference of interpretation of the law here, and if that cant be resolved on its own then a courtroom is the proper venue. I didnt write about the initial failure of the board to pass a rule requiring that bail bond companies must charge a minimum of ten percent of whatever bail had been set. It seems like the intent was to keep I-45 on the TxDOT project list for at least a little longer, to see if an agreement among all the parties can be reached. As to who might file a contest, again well have to see. Texas Supreme Court justices questioned during oral argument if they should answer certified questions from a federal appeals court about challenges to an election law that created penalties for soliciting voters to use mail-in ballots. I dont know how likely that is, but it never hurts to talk. But, the judge noted, Longoria and Morgan do not work for the state. The proposed rule stemmed from concerns that defendants were being released on bail fees lower than the 10 percent and then being forced into payment plans. 16 Cause No. Another type of letter that can be issued from the United States Attorneys Office is a target letter.. The Harris County Elections Administrators Office also issued a statement, saying it readily has responded to requests that do not require documents subject to the litigation, and has sought an opinion from the attorney generals office on those that do. Elizabeth Buss is represented by Elizabeth Alvarez. Divorce, Separation Mark Herman, Constable Precinct 4 RECORDING OF ANY PROBATE PROCEEDINGS IS STRICTLY PROHIBITEDAND COULD RESULT IN A FINDING OF CONTEMPT OF COURT. See here for the background. The plaintiffs argue that the provisions violate the First and Fourteenth Amendments because the risk of criminal and civil liability chills speech that encourage[s] voters to lawfully vote by mail. In family law it is especially important to think a few steps ahead. But in court over Zoom late Friday afternoon, Judge Cory Don Sepolio rejected a temporary restraining order request, allowing the rule to take effect. Claim your certified mail. Judge Fleischer is represented by John Raley. Longoria is employed by Harris County, and Morgan is a volunteer registrar. The petition is filed in Harris County, but the case will be heard by a judge from outside the county, according to Menefees office. Hidalgos office did not immediately respond to a request for comment. Thats not how a democratic society works. But due to a change in state law, you only have until March 8 to make a contribution. That doesnt mean the Legislature wants resources to be used toward nudging people toward voting by mail.. The National Voter Registration Act of 1993, known as the motor voter act, bars election officials from performing most voter roll maintenance activities within 90 days of a federal election. And in response to the recent Court of Criminal Appeals case holding that the Texas Attorney General has no independent authority to prosecute criminal offenses created in the Election Code, they also sued the Harris, Travis, and Williamson County district attorneys to challenge the criminal penalties imposed by the anti-solicitation provision. The story refers to 2,000 provisional ballots. Same shit, different year. There are a couple of stories all rolled into this, so my apologies for any confusion. All About Bail Bonds owner and plaintiff Sunya Claiborne argued in the lawsuit that the policy jeopardizes her business calling the minimum fee requirement classic price fixing and a per se antitrust violation. The lawyer for the plaintiff, Kevin Pennell, said he plans this week to appeal the judges order. More than 1 million Texans used vote-by-mail during the 2020 presidential election and more than 850,000 of those ballots came from people 65 and older, according to the Texas Division of Elections. However, he is leading by 449 votes, so if you threw out all of the E-Day provisionals, he would still be ahead by 89 votes in his race. Reporter Edward McKinley and plaintiffs attorney Sean Morales-Doyle have good Twitter threads with more details, so go check them out. Forms, Small So if I understand this correctly, the Elections Office could provide these documents on demand, but legally they dont have to until they get an opinion on it from the AGs office. All parties were put on notice that the votes would be counted.. It doesnt make any sense outside of, obviously, cynical partisanship and these targeted actions against Harris County, the most diverse county in the state Mirza said. The letters stem from the investigation into the 2019 drug raid of a small home on Harding Street in south Houston. My tuition has been paid in full and I would have imagined the school would have notified me for other fees at this point in time. (That lawsuit is now on hold as negotiations continue.) Burgess 940 14,710 5,207 5,403 Access to quality Texas Attorney Vacation Form templates online with US Legal Forms. Opponents argue the projects design further divides communities it crosses, exacerbating decades of freeway expansion that has worsened air quality and safe street access for those neighborhoods in order to deliver faster car and truck trips for suburban commuters. Along those lines, I note two potential future Constable candidates: Don Dinh, a Deputy Constable in Precinct 1 since 2020 who was for 24 years before that a sergeant in the Fort Bend County Precinct 2 Constables office, filed a designation of treasurer to run for Constable in Precinct 5. They also collaborate with the Harris County Senior Justice Assessment Center, a consortium of state and county agencies that review cases/offer services for elderly victims of abuse and exploitation. I did not get around to doing the 30-day and 8-day reports from 2022, so what you see here in these reports is not contiguous for those who were on last Novembers ballot. Mark Goldberg Assistant District Attorney | Harris County District Attorney's Office. That means the ball is in the state governments court, he said, which will have to make a move if it wants to change the status quo before Monday.. Leave it doesnt sound so bad given the alternative. Wayne Dolcefino, a media consultant and former TV journalist. Many of those races were close, and it wouldnt surprise us to see candidates filing election contests.. The letters stem from the investigation into the 2019 drug raid of a small home on Harding Street in south Houston. The group, focused on economic development north of the city, is a vocal supporter of the widening project because of its potential to improve access to downtown and revitalize sagging areas along the I-45 freeway corridor. Judge Peeples has set an initial status conference for today, Tuesday December 13, at 3:00 p.m. This will be an important case, and Im glad to see its progressing, said Harris County Attorney Christian D. Menefee. Longoria and Morgan, however, told U.S. District Judge Fred Biery of San Antonio that waiting until summer is not an option for a prohibition that will handcuff them in the weeks leading up to the March 1 Texas primaries. Houston, TX 77003. For Houston, more than $6 billion of the plans spending centers on I-45, masking it nearly half of the $12.5 billion Houstons TxDOT district has to spend over the next decade. Metro is probably as eager as anyone to get this going, as their MetroNext plans depend on various items in the I-45 rebuild. It is the May 7 election, and widespread problems that day, that prompted the concerns in the first place. Corporations, 50% off CLUBS IN ACTION is trying to raise 95K to donate to them. Ann Harris Bennett, Tax Assessor, Alan Rosen, Constable Precinct 1 After spending months at loggerheads, but working on some consensus, the Texas Department of Transportation committed to a handful of concessions, such as increasing the money it will pay the Houston Housing Authority for relocation and development of affordable housing, and assurances to design the project as much within the current freeway footprint as possible. The court hasnt specified whether or not thats legal, Fombonne said. No one knows this better than the former federal prosecutors at Oberheiden, P.C. Rodriguez previewed his order throughout a Friday morning hearing during which he repeatedly pressed the states attorneys with increasing exasperation to fill in what he cataloged as ambiguities in the new law. 2023-00924; Elizabeth Buss v. Judge David Fleischer. By signing the Business Records Affidavit and having it notarized, the recipient attests that the documents provided are true and correct copies of the original documents and that the documents are kept in the normal course of business. The judge said the law likely violates the First Amendment. If the past is any guide, the local governments are unlikely to prevail in court, said University of Texas School of Law Adjunct Professor Randall Erben. See here and here for the background. City of Houston and Harris County Statements on EPA Order for Union Pacific Contamination Cleanup, Harris County Attorney Christian D. Menefee Responds to Texas Comptroller, Harris County Attorney Announces Legal Action Against Landfill Expansion. It could also ask voters to approve the funding reduction in a referendum, Hegar said. & Resolutions, Corporate Because the Harris and Travis County district attorneys did not appeal, only Longorias challenge to the civil penalty permitted by the civil-liability provision and the Volunteer Deputy Registrars challenge to the criminal liability imposed under the anti-solicitation provision were at issue in the appeal. I think the Fifth Circuit is evaluating whether to put the injunction back in place while the rest of the initial lawsuit is litigated, but we are in the weeds here and I dont have certainty about that. Further, the EAs Office discussed the plan for both May elections with both political parties as early as April 7. The Texas Transportation Commission kept I-45 in its funding plans a few months ago, and some design work was allowed to continue, but now theres another federal complaint filed against the project by various opponents. Target letters inform the recipients that they are the target of a federal investigation, which means that the government intends to press civil or criminal charges against that person. Traditionally, the responsibility of transporting the ballots to the counting station on election night has fallen to election judges, the final task at the end of their 15-hour day. Another 49 challenges came in after Aug. 10, the 90th day before the election. Menefee said Paxtons opinion directly contradicts a separate opinion his office issued last month, as well as an opinion issued by the AGs office more than 30 years ago, which both concluded that ballots are confidential for 22 months following an election. This anti-solicitation provision of SB 1 not only makes it harder for these folks vote, but it criminalizes the constitutionally protected free speech of the Harris County Elections Administrator and violates the First Amendment., S.B. Us, Delete This event transpired months ago and the officers who came to my house had me believe that I would be aware of any charges that evening by phone, however, I did not receive a call. A judge blocked the initial attempt as well. Those ballots were cast after a district court judge ordered Harris County polling places to remain open an extra hour because many locations had opened late that morning. It comes as no surprise, then, to discover that most lawyers (58 per cent) get between 20 and 25 days of paid holiday (excluding bank holidays) a year, while the bulk of the rest (33 per cent) get between 26 and 30 days. Morales-Doyle supported that approach, noting that every criminal solicitation statute that he is aware of applies only to solicitation of criminal conduct. Federal officials have lifted their pause on a small piece of the planned Interstate 45 mega-project that will remake downtown Houstons freeway system and has divided state transportation planners, community groups and local politicians. Either we win enough power to hold them off, or we are left with nothing but the hope that the likes of Bryan Hughes is unwilling to go that far. Who Should T.H. Cagle 64,225 186,970 0 5,056 But with blessing of local, state and federal elected officials, it is likely TxDOT and the FHWA could come to a separate agreement and work could proceed, people involved in the deal said. Given the speed of the appellate process, expect it to be a long time before the next update. Make a one-time donation today for as little as $1. That, coupled with $27 million in affordable housing assistance TxDOT must provide to make up for lost apartments and homes, will allow many residents to stay in the area despite risk of gentrification, said Tanya DeBose, executive director of the Independence Heights Redevelopment Council, in a video about the project produced by TxDOT. Shell have plenty of time to build that treasury back up; she did a pretty good job of that this cycle, so Id expect to see her total tick up in short order. According to the petition filed Monday night,Wayne Dolcefino, a media consultant and former TV journalist,submitted multiple requests for public information on behalf of the Gallery Furniture owner, who was a major donor supporting Republican candidates including County Judge LinaHidalgos opponent Alexandra del Moral Mealer. Pick a favored file format to save the document (.pdf or .docx). Adrian Garcia, County Commissioner, Precinct 2 Call 888-680-1745 for Central Intake with Dr. Nick Oberheiden Letters From The U.S. Attorney's Office Last Updated: 2023-02-04 Oberheiden, P.C. Once again, Comptroller Hegar has abused his authority, the county attorney said. According to the Public Information Act, the attorney generals office has 45 working days from the day after the request to respond. All public case information is still available to everyone, once they login, and can be viewed FREE of charge. I guess its theoretically possible that of the provisional E-Day ballots that were specifically cast by people who got in line after 7 PM (because if you were already in line you were always allowed to vote), Jones had a net advantage of at least 450 over Pierce. The lawsuit, filed just hours before polls closed on Election Day, could have caused serious delays in counting ballots on May 24 had the Texas Supreme Court agreed with the Harris County GOP that the plan was unlawful. I wish the stories that have been published about this would go into more detail about this as I have done yes, I know, math is hard, but you could at least use highly unlikely language to offer some context. . Up until March, the board primarily approved and renewed bail bondsman licenses. Menu But the Republicans opposed that at every turn. 17 Cause No. Until then, we wait. Don't read that if you're having a good day. Around the same time, Harris County sued TxDOT, saying the designs did not adequately address the impacts of noise and pollution in some communities, notably the North Side and Independence Heights. In no uncertain terms, the secretary of states office which isrun by a Republicanappointed by Gov. And every voter who might have been discouraged by issues at one location could have gone to another one, which would have been at most a couple of minutes away by car. The USPS rede livery form states that it was both a letter and certified mail. EPA stepping in signaled a shift in that fight for residents who have little more than emotional appeals on their side, and what help they can get from frustrated government representatives. Its good to be a Commissioner. One year ago, opponents of the states plan to rebuild Interstate 45 in Houston criticized the take it or leave it optionstate officials offered regarding amending plansfor the mega-project. Houston, Texas, U.S. Kim Ogg is an American lawyer. Sales, Landlord Ed Gonzalez, Sheriff And completely out of the blue. Later in the day, we got this. Target letters inform the recipients that they are the target of a federal investigation, which means that the government intends to press civil or , The letters stem from the investigation into the 2019 drug raid of a small home on Harding Street in south Houston. The Bail Bond Board adopted this rule after hearing directly from the families of victims of violent crimes, community organizers, and law enforcement. He may or may not seek to run for something else do remember that the minute he says something to that effect hell have to resign, so all we would have before then is speculation but either way I wont be surprised to see some competition for the Precinct 1 slot. This 11th-hour ask to throw those votes away should not be tolerated, especially considering the State rejected the Countys offer to hold off on counting these votes while it sought clarification from the Supreme Court, Werner added. And of course there can always be election contests. Ramsey 550,625 149,433 0 944,935 Can you imagine what the Republican response to this would be if it were a Democrat complaining about voting location problems? Tuesday, February 28, 2023, 1:54 PM. 2023-01067; Dan Spjut v. Judge Juanita Jackson. There were 2,555 provisional ballots cast on Election Day, of which 2,420 included a vote in the DaSean Jones Tami Pierce race. I really do believe they did the best they could and that were overall in a much better place than when we started and that we worked hard for it. Wyatt 1,950 2,110 0 2,258 Just for the comedy value, Id like to see this scenario play out. Justice Jeff Boyd asked Morales-Doyle, Im just not sure why the dispute matters. The men gave her an official-looking affidavit form and asked her to sign it attesting to the residents at the address under penalty of perjury.. Judge Weems is represented by John Raley. Even at the highest end of the estimate of locations that had issues, more than 90% of them did not. In a primary election, each polling location has one judge from each party overseeing their own partys voting process. While the provisional ballots are included in the official count certified by Commissioners Court, the Supreme Court also is ordering the county to include in the final canvassed results a separate report that details the votes of the later cast votes for each candidate in each race. That way, candidates can determine whether this group of ballots would change the outcome of their race and assess the extent to which further litigation is warranted.. Sandlin 38,580 28,502 0 79,998 The letters of guardianship provide an expiration date on their face, one year plus 120 days after the anniversary date. Comptroller Hegar misapplied the law, bungled the math, and is acting outside of his legal . The same way that the Secretary of State is deputizing these people in his office to speak on behalf of the Secretary of State on statutory matters, to perform his statutory duties, the elections administrator is deputizing individuals to carry out duties and responsibilities and functions that are otherwise prescribed to be discharged by the elections administrator, Birnberg said. 21 Cause No. Longoria said her office was now taking a passive approach to voter outreach in regard to voting by mail, with staffers gingerly weighing their words while answering voters questions about their options. However, Gerald Birnberg, an elections attorney and General Counsel to the Harris County Democratic Party, questioned the Secretary of States logic, pointing out that its own office deputizes others to perform certain duties. They were wrong back when they tried this the first time the comptroller and his allies and theyre wrong again now, County Judge Lina Hidalgo said before the court met in executive session Thursday. I am writing to request your help with a matter that is very important to me. It is scary to receive a letter from the U.S. Attorneys Office. The ban on sending unsolicited mail-voting applications was one of many provisions containedinSenate Bill 1, the sweeping GOP voting law that was passed Sept. 1during the Legislatures second special session. In a statement, Harris County Attorney Christian Menefee said his office will keep a close eye on Luncefords election contest. Look, theres no point in deploying things like logic to point out that they seem to have no problems with the elections that they won, or that doing this would hurt their voters, too. See here (scroll down) for the background. , New! UPDATE: Heres a later version of the story about the GOPs lawsuit over the results delivery process. The Harris County Elections Administrators Office received a flood of affidavits this summer challenging the eligibility of thousands of registered voters throughout the county, accusing them of not living at the addresses listed on registration records. As shown by Attorney General . Those challenges do not amount to voter suppression, Stein said, but merely suggest that Harris County should operate fewer, better-resourced polling locations. Im pretty sure this is not what antitrust law was intended for, but what do I know? This case will focus on the details of every aspect of the November 8 election in Harris County. USLF amends and updates the forms as is required by Texas statutes and law. Harris County Community Supervision & Corrections Department; Harris County Pretrial Services ; HC AZ; Court Agenda; County Directory; Part of the new rule requires that bail bondsmen have to report the premium amount collected ahead of the defendants release. The remedy for having to vote late because of voting location problems is to extend voting hours to accommodate those that were affected. Please read the Administrative Order below: Harris County Orders /COVID Emergency Orders. But I have always believed that one way or another this was going to happen, so any improvements or modifications to the original plan have to be considered with that in mind. Well see him in court.. The agreements are a rare case of a major Texas highway project receiving major changes, prompted by community opposition, after officials had essentially greenlit its construction. Hani Mirza, legal director of the Texas Civil Rights Projects voting rights program, was part of the team that sought the court order extending voting hours this year. Hopefully, well find out soon. I was invited to this meeting because of the effort to create and carry out block walking events. The law is clear that these voted ballots are confidential and its a crime for anyone to access them unless authorized by law.. Mealer 356,684 621,482 0 188,512 While Ingram was on the stand, Rodriguez presented him with hypothetical interactions between Longoria and voters, asking if she could recommend voting by mail to someone who appeared to qualify. Look at how zealously they opposed all of the efforts to expand voting access in the pandemic, including the third week of early voting that Greg Abbott ordered. I do hope the County Attorneys Office keeps an eye on this activity, because we know its ill-intentioned bullshit and it deserves to be closely scrutinized. Not a dismissal, but I hope that will demonstrate our commitment., Menefee said he will ask the court for a stay of 30 days, and then potentially extend that for an additional 30 days if the discussions are fruitful., The pause is a show of good faith by the county to remind TxDOT that were in this to find solutions and address community concerns, Menefee said in a statement. The feds later asked TxDOT to pause other work on the project as well. Records, Annual A county attorney tried to send me mail through USPS the other day when I wasn't home. Im pleased with the courts decision today to reject the request for a temporary restraining order that would have blocked this rule from being implemented.. Free Preview Harris County Attorney Letter Description Attorney Vacation Letter Texas This is an official form from the Harris County, Texas District Clerk's Office, which complies with all applicable laws and statutes. As a result, the county did not complete its count until Sunday morning, even though fewer than 115,000 ballots had been cast. I would be very careful about that, Ingram responded. Stacey M. Soule, State Prosecuting Attorney. She offered examples of voters she no longer felt she could help navigate the vote-by-mail process. The odds that Jones could lose the entire 360 vote net he got from the E-Day provisionals plus another 90 votes in this subset of the total ballots just strike me as extremely remote. The litigation exception typically is upheld by courts, so McIngvales lawsuit is unlikely to produce the requested records, he said. Once it has a foothold, the momentum only goes in one direction. None of the affidavits led to county elections officials removing any names from the voter rolls. For additional information please review our As the Harris County Attorney, Christian D. Menefee is the chief civil lawyer for the largest county in Texas. House announced he would bring such a proposal to the board last week. Bandit signs are typically small and placed in large quantities along public spaces as esplanades. James Slattery, senior staff attorney with the Texas Civil Rights Project, said for the average voter, the organizations name, badge and paperwork could convey a sense of an official visit by the government without explicitly doing so. Governors have broad power under the Disaster Act, he said, noting that the state Supreme Court sided with Abbott when Travis County attempted to enact a New Years Eve curfew for restaurants. We worked hard to make this happen. This isnt a lawsuit, its an investigation. A ruling by a Harris County judge Friday will allow a recently-approved policy requiring bail bond agents to charge some defendants a 10 percent minimum to start Saturday after a last-minute lawsuit tried to stop it from happening. Too bad! Select the subscription plan to continue on to sign up. The move came at the end of a whirlwind day where local officials in Dallas and San Antonio prevailed at least temporarily in their own legal challenges to the governors order. In 2017, the Republican-dominated Texas Legislature evenamended state lawto specify 22 months, updating state standards to mirror federal requirements. Following a testy three-hour hearing earlier in the day, Federal District Judge Xavier Rodriguez temporarily blocked the state from enforcing the rule against Harris Countys election administrator until the rest of a lawsuit plays out. Lawyers tend to squeeze in short vacations whenever they can. The resulting ability to anticipate the governments case strategy gives us a critical edge over firms that lack this capability.