Postponement Of Local Elections Set For May 2nd
Press Release March 18, 2020
AUSTIN - Governor Greg Abbott today issued a proclamation suspending provisions of the Texas Election Code to allow political subdivisions to postpone their 2020 local elections. This means local governments now have the ability to postpone their May 2, 2020 elections until November 3, 2020.
"I strongly encourage local election officials to take advantage of these waivers and postpone their elections until November," said Governor Abbott. "Right now, the state's focus is responding to COVID-19 — including social distancing and avoiding large gatherings. By delaying this election, our local election officials can assist in that effort."
Under Section 418.016 of the Texas Government Code, the Governor suspended Sections 41.0052(a) and (b) of the Texas Election Code and Section 49.103 of the Texas Water Code to the extent necessary to allow political subdivisions to move their elections for 2020 only to the next uniform date, occurring on November 3, 2020. The Governor also suspended Sections 31.093 and 42.0621(c) of the Texas Election Code to the extent necessary to require all county election officers to contract to furnish election services with political subdivisions if requested by these subdivisions. Only political subdivisions have authority to postpone these elections, but the Governor’s suspensions allow political subdivisions to postpone the elections and strongly encourages them to do so.
In conjunction with today’s action, Texas Secretary of State Ruth Hughs is releasing an election advisory providing guidance for political subdivisions on the process of postponing their May 2nd elections. Read the Texas Secretary of State's Election Advisory.
Prosecution of Mail Ballot Fraudster to Move Forward
March 2, 2020
AUSTIN – Texas Attorney General Ken Paxton today applauded the Seventh Court of Appeals in Amarillo, Texas for allowing the State to prosecute Erika Lozano-Pelayo for multiple counts of election fraud that resulted in two indictments. Lozano-Pelayo was indicted for providing false information on applications for mail ballots and for causing intentionally misleading information to be provided in those applications.
“Those who violate our election laws don’t just steal a vote from another citizen, they destroy their community’s confidence in the democratic process. Mail ballots are intended to protect the voting rights of Texans who are unable to travel to polling locations, but criminals exploit this process to alter votes through manipulation and deception,” said Attorney General Paxton. “Fraudsters who threaten the viability of our democratic elections must be caught and prosecuted, and I thank the Seventh Court of Appeals for remanding this case to trial so the State may do just that.”
The trial court previously quashed part of Lozano-Pelayo’s indictments, blocking the State from alleging and proving that she committed multiple fraudulent acts during a single election. The court also lowered two election-fraud charges from felonies to misdemeanors, although Lozano-Pelayo had not presented the court with adequate grounds for reducing the charges against her.
In its opinion, the Seventh Court of Appeals ruled that the trial court erred in quashing the allegations that Lozano-Pelayo committed multiple acts of election fraud and in lowering two charges to misdemeanors. It reversed the trial court’s order and remanded the cases for trial. Under Texas election laws, the State has a duty to prosecute each election violation, including repeated violations by the same offender.
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