The Texas Supreme Court ruled to allow the state law to remove the Harris County Elections Administrator could take effect on Sept.1.
(Elizabeth Conley/Houston Chronicle via AP) Elizabeth Conley/Associated Press
Houston Chronicle
By Kennedy Sessions
Updated
The Texas Supreme Court ruled Tuesday morning to deny Harris County's recent request for emergency relief against the forthcoming enforcement of a law effectively abolishing the position of county elections administrator. With the court's decision, Harris County Election Administrator Clifford Tatum's responsibilities will be given to the county clerk and tax assessor-collector ahead of the 2023 November election.
Under Senate Bill 1750, eliminating the county's EA position only applies to counties with 3.5 million residents on Sept.1, 2023. When the law goes into effect in a few weeks it will only apply to Harris County.
Since the law was introduced, Harris County Attorney Christian Menefee has criticized the measure as unconstitutional and exclusively targets the largest county in the state. The county filed for emergency relief last week after the state appealed a ruling by Travis County Judge Karin Crumps determining the measure to be "unconstitutional." Crump stated the law would cause chaos in the county elections office just a few months before city elections.
"Not only will this transfer lead to inefficiencies, disorganization, confusion, office instability, and increased costs to Harris County, but it will also disrupt an election that the Harris County EA has been planning for months," Crump wrote. In a press conference last week, Menefee said it would be "unprecedented" for the court to allow the law to go into effect.
On Tuesday, Menefee said he was "disappointed" with the court's decision.
“I am disappointed that the Texas Supreme Court is quietly allowing the legislature to illegally target Harris County, instead of considering the arguments and [making a timely decision as to] whether Senate Bill 1750 violates the constitution. We first learned of today’s decision from media, instead of from the court itself,” Menefee said.
“From the start, Republican legislators pushed this law abolishing the Harris County Elections Administrator’s Office to undermine local elections and score political points on the backs of the good people who run them," Menefee continued. "By setting the law to go into effect September 1, and not passing a single law to assist in the transition or provide additional funding, Republican legislators are making the job of running this November’s election much more difficult. It was on the Texas Supreme Court to rein in these bad-faith lawmakers. The court failed Harris County residents.”
Texas Gov. Greg Abbott signed SB1750 into law earlier this summer. Bill author and Texas State Senator Paul Bettencourt (R-Houston), championed the law as a response to a number of paper shortages and alleged irregularities during the county's 2022 November elections. Bettencourt has claimed the bill is not about "politics but performance."
"This bill has always been about performance, not politics. I commend the Texas Supreme Court on their decision to restore voter trust, accountability, and transparency in Harris County elections,” Senator Bettencourt said in a statement Tuesday. "Harris County wasted the better part of the summer on this frivolous lawsuit. They need to follow the law and make the transfer complete as of September 1st so that the election in November can be run
properly."
Menefee said local officials will discuss the ruling and what it means at the next county commissioners' court meeting on Aug. 29.
County Commissioner Rodney Ellis said despite the Texas Supreme Court's decision, Harris County voters can be confident in the elections office.
"Democracy in Harris County and the State of Texas took another blow today with the Texas Supreme Court ruling that allows the Legislature to target Harris County and exercise unprecedented control over our elections," Ellis said Tuesday.
"Whether it’s banning drive-thru voting in 2021 or abolishing the Harris County election administrator’s office, we are on the front lines of a coordinated attack from state leaders who are intent on subverting our elections because they fear our diverse and powerful electorate. Harris County voters can trust that we’re doing everything in our power to protect their right to vote in fair and free elections this November and beyond.”