The recent decision made by a Texas judge has stirred up considerable controversy surrounding the state’s electoral process. Judge David Peeples of Bexar County has ordered Harris County to hold a new election for judge in the 180th District Court following a lawsuit filed by Republican candidate Tami Pierce, who lost by fewer than 450 votes in a race against Democrat Judge DaSean Jones in 2022.
The order was issued on May 15 in the 165th District Court, with Peeples citing the presence of illegal and disqualified votes cast after hours during the midterm elections on November 8, 2022. The judge’s ruling is seen as a vindication for the Harris County GOP, which has been voicing concerns over election administration since last year, claiming that previous handling of elections was negligent and eroded public confidence in the electoral process.
The numbers reported by Harris County elections administrators indicated that incumbent Judge Jones had received 534,460 votes to Ms. Pierce’s 534,011—a narrow margin of just 449 votes. Judge Peeples found that there were 1,751 votes in total that cast doubt on the true outcome of the race. These included 1,430 votes that were cast illegally and another 321 votes that were cast for Judge Jones after normal voting hours. While the after-hours voting occurred under a local district judge order, it was later stayed by the Texas Supreme Court.
These revelations have sparked strong reactions from both sides of the political spectrum. Republican state Sen. Paul Bettencourt told The Epoch Times on Thursday that he “utterly rejects” the popular notion that all Republicans are election deniers because “we won this based upon facts.” In contrast, neither Mr. Brown nor Harris County Democratic Party Chairman Mike Doyle responded to The Epoch Times’ requests for comment on the ruling.
The legal proceedings leading up to the judge’s ruling included a two-day trial in April where three witnesses testified. Ms. Pierce’s lawyer, Paul Simpson, said he and his client were pleased with Judge Peeples’s ruling. We are gratified by the court’s judgment that Tami Pierce deserves a new election,” he told The Epoch Times in an emailed statement.
In addition to ordering a new election, Judge Peeples also mandated that Judge Jones pay Ms. Pierce more than $65,000 for SLAPP violations (strategic lawsuits against public participation) related to filings aimed at delaying the case. Mr. Simpson expressed hope that Judge Jones would not further delay justice by appealing but instead face Harris County voters in a new election when ordered by the court.
Governor Greg Abbott had previously called for investigations into allegations of impropriety in the way the 2022 elections were conducted in Harris County. Voters and election workers reported numerous issues such as delays in opening polls, missing keys, ballot shortages, staffing problems, and other issues. The governor stated that these allegations could result from anything ranging from malfeasance to blatant criminal conduct and emphasized the importance of maintaining integrity in the election process.
In response to these concerns, Senator Bettencourt authored Senate Bill 1750 (SB 1750), which was designed to restore voter trust, accountability, and transparency in Harris County’s electoral processes. The senator also drafted SB 1933, which allows the Secretary of State to oversee Harris County’s election process. These laws took effect on September 1, 2023, and are expected to ensure that the county operates its elections with transparency, thereby increasing voter confidence.
Ms. Siegel urged the secretary of state to quickly schedule a new election for the 180th District Court. The voters of Harris County were disenfranchised two years ago and deserve to cast their ballots in this new election as soon as possible,” she said.