letter from harris county attorney

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. He has no problem trusting a law enforcement officer to deliver the ballots, especially in a primary election where a Republican candidate is going to win no matter what. His application of state law is wrong. judges sued to undo 22 election. Vips Application . The remedy for having to vote late because of voting location problems is to extend voting hours to accommodate those that were affected. Works with law enforcement officers in the investigation of criminal cases. Clubs In Action raising legal $ for judges. See here for the background, and here for a copy of the ruling. Harris County Attorney Christian D. Menefee on Thursday expressed disappointment in the decision by the 5th Circuit, which has blocked a number of court challenges to conservative policies. 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.. The bottom line is that the plaintiffs have asked for a temporary injunction against the provision of that law that makes it a crime for election officials and election workers to encourage voters to vote by mail, whether or not those voters are eligible under Texas law to do so. Given that Harris County voters cast more than 1.1 million ballots overall, the 2,000 provisional ballots have little chance of changing most election outcomes. I'm a college student making a commute across state lines (to the county the attorney is from) and I have no criminal record or charges in my name. ; and. 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Because the proceedings are still ongoing, it is too soon to know whether the ability to extend voting hours in the future could be impacted. They were discouraged because the lines were long, or because they were told theyd have to wait.. Still the only voter ID anyone should need. 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. One judge whose race is being challenged, David Fleisher, lives in 133. Its just one page long, and the gist of it is this: In this mandamus proceeding, which challenges Harris County election officials processing of the later cast votes, we grant the following temporary relief under Rule of Appellate Procedure 52.10(b): The petition for writ of mandamus remains pending before this Court. The right to free speech and the right to vote are vital to democracy, and S.B. 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. Please turn on JavaScript and try again. The county attorneys probe is based on a complaint from at least one Sunnyside resident who said two men came to her home and asked questions they said were to confirm the identities of registered voters who live at that address. Harris County Attorney Christian D. Menefee announced a settlement of the countys lawsuit against e-cigarette company JUUL Labs, Inc. over claims that JUUL deceptively marketed its products to children. 19 Cause No. But I will send out word when I learn more. For additional information please review our Judge Walker is represented by John Raley. Menefee said Harris County had received more than three dozen requests to inspect ballots since Paxton issued his opinion. Lawyers for the GOP argue the county is ignoring state election laws and breaking the mandatory chain of custody for ballots. Regardless of the contents, if you're going to attempt to evade service of process, it will not end well for you in the long run. 2023-00964; Alexandra Mealer v. Lina Hidalgo. None of the affidavits led to county elections officials removing any names from the voter rolls. Hiring or retaining a lawyer is simply too expensive. Hidalgos order requires students, teachers, staff and visitors to K-12 schools and daycare centers to wear face coverings. Amendments, Corporate Communicate with their clients, colleagues, judges, and others involved in the case. Wyatt 1,950 2,110 0 2,258 2023-301111; Will Archer v. Judge James Horwitz. Privacy | Did you witness something? Ann Harris Bennett, Tax Assessor, Alan Rosen, Constable Precinct 1 Clerk Burgess is represented by Neal Manne. 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 midnight update had about 98% of ballots counted on the Dem side and about 95% on the GOP side 70,016 of 72,796 Dem votes and 105,486 of 116,100 GOP votes. Christian D. Menefee (@CDMenefee) 4:44 PM 17 February 2022. . Its going to be Republican versus Republican, Renteria said. Let me just show you what that second linked file says: The case underlying these certified questions is a pre-enforcement challenge to two recently enacted provisions of the Texas Election Code: section 276.016(a) (the anti-solicitation provision) and section 31.129 (the civil-liability provision) as applied to the anti-solicitation provision. Turner sent a proposed agreement, in the form of a memorandum of understanding, to Bugg last August. Seriously, this was a fine performance by the Elections Office. Details big and small remain works in progress and a federal pause looms as the last big hurdle, for now, as officials move ahead after last months agreements. But hey, lawsuits are time- and resource-intensive, and they often end in settlements anyway, so why not give this a try. UPDATE: Later in the day I found this Statesman story, which added a few details. University of Texas - Austin Texas A&M University - College Station Texas Super Lawyers, Avvo and Board Certification - Family Law (2003-8) Texas State Bar A Guide to Texas Child Support Law. A Harris County Attorneys letter is a formal document that is typically used to notify an individual or business of impending legal action. US Legal Forms provides you with a solution to exactly that. The law is clear that these voted ballots are confidential and its a crime for anyone to access them unless authorized by law.. I suppose if this happens the next thing well hear about is Angela Paxton driving them away, probably as they hunch down in the back seat of her SUV, for the safety of the suburbs. Litigators travel more than corporate attorneys. S.B. As the motion filed today argues, this provision violates the First Amendment and undermines election officials and election workers ability to perform their duties. Abbotts swift action to get a temporary restraining order lifted was expected, as the governor would not want to be seen as weak while school districts and local governments defy his executive order, said Jon Taylor, professor of political science and chair of the department of political science and geography at the University of Texas at San Antonio. 17 Cause No. The only reason we know any of this is because Paxton put out a whiny press release complaining about his inability to get a Montgomery County grand jury to give him what he wanted. Rodriguez also rejected Paxtons claim that granting the injunction would interfere with the orderly operation of Texas elections. From Statesman columnist @bgrumet: @TXAG Ken Paxton is using the powers of his office to treat a good-faith mishap as a crime, after coming under political pressure from his own base to file charges., Austin Statesman (@statesman) 9:30 AM 6 February 2022. All public case information is still available to everyone, once they login, and can be viewed FREE of charge. See here for the background. Under state law, ballots should be delivered by either the election judge or an election clerk designated by that judge. Specifically, Rogers said FHWA is not prepared at this time to allow TxDOT to resume any right-of-way acquisition in Segment 3. TxDOT, he added, could acquire properties from owners who approach it on a case-by-case basis rather than relying on eminent domain.. A-Z, Form I for one dont see any difference between the two. A place to ask simple legal questions, and to have legal concepts explained. We are excited to remain an active partner in this planning and development process.. The night also could be politically turbulent as a dispute plays out over one line in the states election code. The criminal division prosecutes criminal cases. Agreements, Corporate 1 provision no later than February 14, 2022. Design specifics of the future I-45 interchange with Interstate 10 that accommodate Metros planned. Harris County District Clerk - Web - https://www.hcdistrictclerk.com or by US mail - Harris County District Clerk, PO Box 4651, Houston, Tx 77210-4651 Criminal history/Background checks information-involving arrests made by any law enforcement agency within Harris County visit their website. If you open up the floodgates and give anyone access to the ballots throughout that process, you have broken that chain of custody to the point where you would not be able to prove that this was the ballot a given voter cast, Masterson said. In a 4-1 vote, the court authorized County Attorney Christian Menefee to pursue a lawsuit against the comptrollers office. Are there more parks like Fairfield Lake out there? Greg Abbotts executive order prohibiting local authorities from issuing COVID-19 restrictions, such as mask and vaccine mandates. County election officials around the state are already reporting getting a bunch of requests, some of which appear to be part of a coordinated effort. Contractors, Confidentiality While most criminal cases are handled in state courts rather than in federal courts, the types of criminal cases prosecuted by the United States Attorneys Office include white collar fraud, Medicare fraud, drug trafficking, tax evasion, and immigration crimes. Menefee 36,826 30,700 0 193,291 Commissioners Court convened the special meeting to decide on a response to Hegars claim. of Sale, Contract Adrian Garcia, County Commissioner, Precinct 2 Thus far, the Harris County Attorneys Office has identified filings by (and we expect more filings to be made today): These filings are in addition to previously announced contests by: Below is the statement from the County Attorney released this morning: This is a shameful attempt by a group of losing candidates who couldnt win the hearts and minds of Harris County voters and are now throwing nonsensical legal theories at the wall to see what sticks. The judge said the law likely violates the First Amendment. About | Just for the comedy value, Id like to see this scenario play out. I believe that I was wrongfully terminated, and I am seeking compensation for the damages that I have incurred as a result of my wrongful termination. . Select the subscription plan to continue on to sign up. Highway construction and expansion interrupt lives, displace people from their homes and businesses, and decimate generational wealth, especially in communities of color.. If you make a mistake, print out and complete application again (once youve registered an account every document you download is reusable). Each of the forms submitted by various Harris County residents cited voter registration data retrieved by the Texas Election Network, along with the residents own canvassing efforts. local news and culture, Faith Bugenhagen The county received the second largest settlement for a local government in the nation. The Fifth Circuit asks the justice to answer whether a volunteer deputy registrar, or VDR, is a public official under the Texas Election Code; whether speech the plaintiffs intend to use constitutes solicitation within the context of the state code; and whether the Texas Attorney General has the power to enforce that code. The resulting ability to anticipate the governments case strategy gives us a critical edge over firms that lack this capability. I thought the price fixing argument was weak and as such Im not surprised at this outcome. To make its case, Mealers legal team will have to find evidence that more than 18,000 voters were unable to cast ballots on Election Day, and that all of those voters planned to vote for Mealer, Stein said. They have a goal in mind and this is why they hired a lawyer. If that does not happen, the county will resume the suit and well let the courts decide.. January 2022 reports are here, July 2022 reports are here. The letter, from the law firm Odelson, Sterk, Murphey, Frazer & McGrath is addressed to five of the 11 candidates for ethics board: David Carrabotta, Lisa Emmett Stechman, David Laske, Joy Alfonsi . Theres more, go read the whole thing, and add on this tweet thread from story author Jessica Huseman. 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. The General Counsel Practice Group provides legal advice to the Countys elected and appointed officials, and employees. That would not be a cheap race as things stand now, as you can see. The election code does not speak to the delivery other than the presiding judge must turn over those election records to our election office. See here and here for some background; the story also references the lawsuit filed by Harris County that has been temporarily paused to allow the discussion that led to this agreement. Specials, Start Not all the things we wanted materialized, but that is compromise, said Harris County Pct. This is the state house district in which I ran back in 2018 and 2020. It represents the publics interest by opposing the issuance and renewal of environmental permits if the permit would be detrimental to public health. It could also ask voters to approve the funding reduction in a referendum, Hegar said. 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. At the same convention where the state GOP adopted the new legislative priorities, more than 8,000 delegates also approved a resolution rejecting the certified results of the 2020 Presidential election and declaring that acting President Joseph Robinette Biden Jr. was not legitimately elected by the people of the United States.. Harris County, TX Attorney. They elicit strong backlash from residents who often already know what its like to live by one. Morales-Doyle supported that approach, noting that every criminal solicitation statute that he is aware of applies only to solicitation of criminal conduct. For individuals who dont have a subscription yet, have a look at our how-guide below to make getting started easier: You can now open up the Texas Attorney Vacation Form sample and fill it out online or print it and get it done yourself. I do know that at least one more loser has filed a losers contest, but I dont care to give any of this any more validity. Contact, how to subpoena hospital record in massachusetts without attorney, how to get the forms of us citizen notarization power of attorney, at what point in home buying process hire attorney, what kind of attorney do do i need to get vender contracts, parent has evoked power of attorney what to do, where can i get power of attorney near me, how to obtain a court appointed attorney from jail imn morgan county, al, why would i receive a letter from harris county attorney. Clerk Hudspeth is represented by Neal Manne. Texas law allows voting by mail in certain circumstances, including when a voter is 65 years old or older, sick, or disabled, out of the country on election day, or confined in jail. I was all set to have a peaceful weekend when I came across a press release from Commissioner Ellis office on Friday afternoon about this. Estates, Forms . James Lombardino is represented by Jared Woodfill. I stop mid-sentence sometimes at town halls. She reasonably fears that, unless she complies with these unlawful rules, her license will be suspended or revoked, the lawsuit reads. Eagleton 51,665 23,158 119,650 59,159 Respondents are ordered to provide the Court with a copy of the canvass results, including the separately tabulated later cast votes, as soon as they are available. Federal and state laws requires ballots be securely stored for 22 months after an election, in part to preserve them for recounts or challenges to election results. The Press has more. Harris County will continue to follow Texas law, not the Attorney Generals opinion.. I dont know why the change of court and I dont know if the second hearing was delayed or if it just took that long for a ruling, but here we are. Theres some risk here for Harris County as well, as the opponents of this project arent likely to be happy with half a loaf. He had already overcome the 165-vote deficit he had in earlier reports thanks to the counting of cured mail ballots, which had gained him 259 votes. The petition asks the high court to order Harris County to allow election judges to drive their own precinct ballots to the central counting center at NRG Park. See the sample using the Preview function and read its description. today. 5 Cause No. Opponents of TxDOTs design, finalized in 2019, said they needed to review specifics of the two agreements, but remained opposed to some of the fundamental features included in the plans. Eventually, Will Thompson of the Texas attorney generals office told Rodriguez that the provision was meant to limit official encouragement of voting by mail, indicating the state preferred people vote in person even if they qualify to vote by mail. I'm a college student making a commute across state lines (to the county the attorney is from) and I have no criminal record or charges in my name. Their decision was supported by Harris County Commissioners Court and leaders of both political parties, a statement from Harris County Attorney Christian Menefee read. 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. Expect a response from the team within48 hoursof your requested date. 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.. Records, Annual The main takeaway here is that not only can you not trust anything Paxton says, you also cant trust anything his office says, even if they sign their names to it. If everybody agrees that the VDR is not a public official, so therefore has no standing, everybody agrees that Ms. Longoria has not indicated any intent to violate in Williamson County, and everybody agrees the attorney general has no enforcement authority , wheres the case or controversy?. Im extremely doubtful that there is a legitimate legal challenge here, Stein said. That link takes you here, and while the in-person fundraiser mentioned there is now over, the Donate link remains. Again, I didnt have a problem with the May 7 reporting. Republican judicial candidate Erin Lunceford filed a petition Wednesday seeking a new election in Harris Countys 189th judicial district court race after losing by 2,743 votes out of more than 1 million ballots cast. As the Harris County Attorney, Christian D. Menefee is the chief civil lawyer for the largest county in Texas. Here are the questions the 5th Circuit asked the Texas Supremes to answer: https://ca5.uscourts.gov/opinions/unpub/22/22-50110.0.pdf, Chuck Lindell (@chucklindell) 2:45 PM 23 March 2022. Instead, commissioners complained Thursday that the lack of progress is having undue effects on their ability to remedy what almost everyone in Houston agrees is an outdated, congested, dangerous freeway corridor. Mealer 356,684 621,482 0 188,512 Thanks! To put it another way, good luck proving intent. Shah said the office will work in coordination with the county attorneys office to review and determine the validity of all challenges on a case-by-case basis after the midterm election. 1) that makes it a crime for election officials and election workers to encourage voters to vote by mail, whether or not those voters are eligible under Texas law to do so. (Any lawyers out there that want to help, by all means please do.). Instead, the legislature and the Governor have made it a crime to do so.. 2023-00927; Bruce Bain v. Judge Corey Sepolio. Despite the GOPs criticism, at least 40 Republican judges are choosing to participate in the countys plan. Winning it will be another matter. A-Z, Form Court records filed Friday showed a bail bondsman sued Harris County as an attempt to stop the new rule, which would require agents like her to charge defendants jailed on violent offenses a 10 percent minimum to secure their freedom after an arrest. 1 subjects me to criminal prosecution for encouraging eligible voters to vote by mail so they may participate in our democracy an option they have under Texas law.. As of today, the office has not received an opinion on how to proceed with these particular public information requests. Upon receiving a sworn statement challenging a voters residence, election officials must send a Notice of Address Confirmation to the voter in question. Tom Ramsey, County Commissioner, Precinct 3 See here for the background. The letter, addressed to Harris County Attorney Vince Ryan on Nov. 25, concludes the appointment of Isabel Longoria as the county's first election administrator is "unlawful and null and void webcomments@hctx.net. We are ready to move forward together, said Texas Transportation Commissioner Laura Ryan. This is utterly chaotic. Ted Heap, Constable Precinct 5 who have previously worked at the U.S. Attorneys Office. Published March 3, 2023 at 8:10 AM EST. Andy Taylor, general counsel for the Harris County GOP, is representing Lunceford. I was also told that the settlement amount was $20 million, which was discussed at this weeks Commissioners Court meeting. Meeting Request Use this link to request a meeting with the County Attorney. What is troubling everybodyand apparently troubling the attorney general who wants to give a definition of solicitation that Im not aware existing in any criminal codeis the absurd result that someone could be held criminally liable for encouraging their fellow citizen to vote, Morales-Doyle said. There is no justification for denying the public information about a controversy just because it involves litigation, Aleshire said. If I read this literally as a layman, I think Im required to provide ballots the day after an election before the results have even been canvassed, said Chris Davis, elections director in Williamson County, who said such a release would make it impossible for counties to confidently conduct recounts that would stand up to legal scrutiny. My read on this Ive sent some questions to the Harris County Attorneys office to get clarification is that Elections Admin Longoria would like a ruling from the court to settle the question of what exactly she is and is not allowed to do, given that as things stand right now saying the wrong thing could get her arrested. So, until I hear otherwise, it is my contention that these provisional ballots are not enough to alter any races result, and also that this doesnt matter because all of the ballots should be counted. To get the example, log in to your account and click Download. Menefee. This isnt a lawsuit, its an investigation. A target letter is another type of letter that can be issued from the United States Attorneys Office. Agreements, LLC of Business, Corporate The letters stem from the investigation into the 2019 drug raid of a small home on Harding Street in south Houston. Some of the projects cost comes from other non-TxDOT sources, while some of the money dedicated on the project will not be spent until later parts of the construction, likely to stretch beyond 2032. We wont allow any group to engage in illegal conduct to try and remove registered voters off the rolls.. Briones 819,495 331,782 0 667,234 Nor does it require that election officials start soliciting applications to vote by mail it simply prevents the imposition of criminal and civil penalties against officials for encouraging people to vote by mail if they are eligible to do so, Rodriguez wrote. You know what she did? And, yet, thats not the way its breaking.. For now, at least. In filing the form, bail agents ask deputies to take the defendant into custody, while they keep the defendants bail deposit and stop being responsible for the person in the eyes of the court. If the facts as stated above are accurate, then this really is another case of political math being used in place of, well, math. 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. Today in U.S. District Court for the Western District of Texas, the Brennan Center for Justice at NYU Law, Weil, Gotshal & Manges, and the Harris County Attorneys Office moved for a preliminary injunctioninLongoria v. Paxton, their challenge to the provision in Texass restrictive voting law (S.B. Agreements, Sale Residents in Aldine recently packed a room to tell TCEQ not to approve another new plant only to find out that the deadline had already passed to ask the state agency to escalate the dispute to the next level. I dont know when we as a society will act to protect people from gun violence, but we cannot act quickly enough. of Directors, Bylaws As to who might file a contest, again well have to see. Christian D. Menefee (@CDMenefee) 5:00 PM 17 February 2022. Though not a guarantee of funding or a commitment to build the projects listed, it details what the state plans to do. The policy was prompted by a Commissioners Court resolution urging the board members to adopt rules regulating the minimum fee that a bondsman must collect to secure a defendants release on violent charges. 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. 3 Cause No. Forms, Real Estate This practice group files lawsuits for collecting fines, taxes, judgments, workers compensation, property damage, contract, and other monies owed to Harris County. This was separate from all of those, which I confirmed with the County Attorney Office. TxDOT still must acquire some property, Koch said, and the pending Federal Highway Administration review that the local agreements do not affect must be resolved. 2 Commissioner Adrian Garcia. This includes legal research and drafting of legal documents for the purchase, sale, lease and operation of real estate including land title examinations, contracts, leases and concession agreements for parks and county buildings, roads and other public purposes. In a statement, Longoria said: In April, the EAs Office discussed the May 7 law enforcement and county driver program with the Secretary of States Offices Managing Attorney of the Elections Division, specifically requesting guidance and recommendations. See here for the background and here for the courts order. Longoria is employed by Harris County, and Morgan is a volunteer registrar. There may be an opinion in the future that addresses that question.. Were here today because the TCEQ failed to address these issues when it had the chance..

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