Houston attorney Jerad Najvar has passed along a press release and a .pdf of his opening brief in Lopez v. Rivera, the election contest resulting from the hotly-contested November 2013 municipal election in the City of Weslaco. Central to the contestant Letty Lopez’s initial complaint was the assertion that a number of illegal votes had to be thrown out.
That election has been in the news lately because the Secretary of State forwarded a criminal complaint to the Attorney General’s office with evidence of illegal voting in that election. Signatures on ballot applications and ballot envelopes were allegedly forged, and ballots were cast by voters who assert that they did not actually vote in the election.
Importantly, this lawsuit and criminal complaint highlight the profound difference between election fraud as it is actually practiced in Texas, and the purely hypothetical election fraud addressed by the state’s questionable voter I.D. law.
As actually practiced, election fraud (1) does not involve in-person voting, but rather voting by mail, and (2) is a coordinated subornation of an election conducted either by a candidate or by election consultants working on a candidate’s behalf.
In fact, the requirement to show picture I.D. in the polling place would not have in any way prevented the illegal voting that occurred in the 2013 municipal election in Weslaco.