Harris County has filed a lawsuit against Texas Attorney General Ken Paxton seeking to keep 2022 election records secret, saying they “will harm” the county in litigation and must remain “confidential” by law, even though the law cited never mentions the word “confidential.”
The County’s most recent amended petition (dated 4/12/23) by Harris County Attorney Christian D. Menefee seeks a declaratory judgment from the 201st Judicial District Court in Travis County.
Experienced delays, jammed voting machines, and long lines
Ran out of ballot paper
Turned voters away
And, if so, whether problems were intentional
Harris County stonewalled their Texas Public Information Act request. They appealed to State Attorney General Ken Paxton. Paxton ruled in favor of Dolcefino and McIngvale. Harris County is appealing Paxton’s ruling.
Admission of Guilt?
As I read Harris County’s latest legal filing in this dispute, Paragraph 22 jumped out at me. It states, “Harris County further asserts there is a compelling reason to withhold the [requested] information from disclosure under Texas Gov’t Code 552.103, the litigation exception, as producing recordswill harm the County’s position in ongoing and anticipated litigation.” [Emphasis added.]
In my opinion that last statement sounds like an admission of guilt. They didn’t say, “could harm.” They said “will harm.”
If we assume the County Attorney is competent and knows what he’s talking about, that’s a pretty damning and alarming statement.
“Get Out of Jail Free” Card?
Further, again in my opinion, the reference to “anticipated litigation” seems like a “get-out-of-jail-free card.”Without more specifics, any official could claim “anticipated litigation” any time s/he didn’t want to produce embarrassing records.
So, I looked up the litigation exception. Harris County’s petition seems to fall short of the requirements re: “anticipated.”
Section 552.103(c) states that the litigation exception may be invoked “only if the litigation is pending or reasonably anticipated”on the date information is requested. [Emphasis added.] For instance, has a law firm sent a registered letter informing the defendant of an intent to file a lawsuit? Harris County’s latest petition does not reveal any such anticipated lawsuits, if there are any.
Mocking Legislators’ Intent?
Menefee’s petition cites Chapter 552 of the Texas Government Code TWENTY times as a reason to keep election records secret.
Yet Chapter 552, Subchapter A begins with the following warning to public officials. “The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”
Harris County’s position seems to mock legislators’ intent.
Bogus “Confidential” Claim
This case isn’t about national security. It’s about whether an election was conducted fairly. That’s why in my opinion, the refusal to produce these records is tantamount to a coverup.
Despite the fact that Dolcefino and McIngvale aren’t demanding a recount or the actual ballots stored in locked boxes, Harris County would have you believe they are.
The County’s fourth amended petition claims “cast vote records” are considered to be “confidential” and must be stored in a “secure container for 22 months” under the Texas Election Code 66.058. See Paragraph 9 of Petition. However…
In searching Chapter 66 of the Election Code, I found ZERO mentions of the word “confidential.”
The goal of the section that Menefee cited seems to be preserving paper ballots to settle disputes, i.e., preventing them from being destroyed prematurely. Chapter 66 even spells out procedures for opening storage containers, which the County Attorney claims is “a criminal offense” (See Paragraph 10 of his amended petition).
Menefee neglects to mention that it’s only illegal if it’s unauthorized and procedures are not followed. See Texas Election Code 66.058(c).
Also regarding confidentiality of voting records, Chapter 66.0021 states, “Each vote total shall be maintained in a downloadable format approved by the Secretary of State and posted on the Internet…” So much for confidentiality!
Your tax dollars are paying for this nonsense and to keep election information secret. Election information that the County Attorney admits is damning!
If Hidalgo or Menefee wish to explain their position for ReduceFlooding readers, I invite them to do so.
Posted by Bob Rehak on 4/16/23
2056 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/04/Screenshot-2023-04-16-at-6.02.57-PM-e1681686283291.png?fit=1100%2C557&ssl=15571100adminadmin2023-04-16 18:31:072023-04-19 20:55:05County Attorney Claims Producing Election Records “Will Harm” Harris County in Litigation
Today, Saturday, April 15, 2023, marked a milestone in the recovery of the Lake Houston Area from Hurricane Harvey.
The San Jacinto Greenway, a gorgeous linear park with hike and bike trails, has replaced the Riverview Townhome complex so utterly destroyed by floodwaters in Forest Cove. At exactly 12:16 and 21 seconds, more than a dozen City, County, State, Federal, School Board, Houston Parks Board, Flood Control and Forest Cove officials officially cut a symbolic bright green ribbon to open the first 2.5 mile segment of the new San Jacinto West Fork Greenway.
The event had something for just about everyone:
Speakers who put the event in perspective
Free tacos from El Jimador, a local restaurant on Hamblen Road.
Refreshments
A DJ spinning tunes
The award-winning Riverwood Middle School cheer squad
Shaded picnic tables
Abundant sunshine
It had the feeling of a cross between a small-town festival and a Hallmark movie.
Neighbors greeted old friends. Proud parents showed off babies. Officials up for re-election pressed the flesh. And everyone, it seemed, took selfies with everyone else.
People Refusing to Accept Defeat
An almost audible sigh of relief hung in the air. Today was about people who refused to accept defeat. Who fought together to rebuild their community after 240,000 cubic feet per second swept some entire townhome complexes off their foundations.
Photo of townhome one year after Harvey in 2018. Imagine this times 80.
There were dark days during the seemingly endless buyout phase of the project when everything felt so hopeless. What remained of the townhomes became a magnet for arson, drug dealing, illegal dumping and graffiti.
At times it felt like the blight might never go away. But it did. Beautiful triumphed over bleak. And this morning, despite overnight thunderstorms, not a leaf was out of place and a community stood tall once again.
Award-Winning Riverwood Middle School Cheer TeamCrowd mingling among booths early in the event.HoustonMayor Pro Tem Dave Martin (left) and Humble ISD School Board Member Robert ScarfoBeth White, President & CEO, Houston Parks Board, introduced speakers and explained how the project came to be, including a hefty grant from the Kinder Foundation.No chairs? No problem! Just pull up some pavement.Dr. Tina Petersen, Executive Director of Harris County Flood Control District talked about the buyouts, FEMA, and how this area will remain green in perpetuity.A guided bicycle tour of the trail system attracted families, teens and retirees.Meanwhile, some people decided to explore the new San Jacinto Greenway on their own in the other direction.
Harris County Precinct 3 will reportedly finish pushing the San Jacinto Greenway through to Edgewater Park at US59, but has not announced a timetable yet. More news to follow when that becomes available.
Come to the Forest Cove Community Center this Saturday, April 15, from 11 AM to 1 PM at 1025 Marina Drive to celebrate the newest segment of San Jacinto Bayou Greenway!
RSVP at bit.ly/SanJacBayouGreenway to confirm your attendance. Please share this invitation with your friends, neighbors, and family. The whole community is invited.
11:30 AM: Speakers and Ribbon Cutting with Mayor Pro-Tem Dave Martin
12:15 PM: Group bike ride (20-minute roundtrip)
01:00 PM: End
Park along the street and on the tennis courts behind the community center.
Officials in attendance will include:
City of Houston Mayor Pro-Tem Dave Martin, District E
State Representative Charles Cunningham, District 127
Lawrence Bell, Harris County Precinct Three
Dr. Tina Peterson, Director, Harris County Flood Control District
Chris Carroll, Interim Deputy Director, Greenspace Management, H.P.A.R.D.
Matt Tielkemeijer, Vice President, Forest Cove Property Owners Association
Beth White, President & CEO, Houston Parks Board
Project Information
Houston Parks Board started construction of this 2.5-mile Bayou Greenway segment from Woodland Hills Drive to Hamblen Road in January 2021 and completed it in March 2023. The trail does not yet stretch all the way to US59, but it’s getting close.
New off-street trails, as well as the use of existing residential streets for the trail system
Trail connection for Kingwood residents at Woodland Hills Drive to access the Bayou Greenway
Planting of native trees, meadows, and wildflowers
Benches, seating areas and overlooks
Interpretive and directional signage
Trash cans and recycling containers
Recreation Enhancement, Flood-Damage Reduction
This project brings recreational amenities to the Forest Cove/Kingwood area and removes people from repetitive, devastating flooding.
Houston Parks Board
Houston Parks Board partnered with Harris County Flood Control District (HCFCD) to purchase land and convert it to greenspace. A portion of the greenway goes through the now-demolished Riverview Townhome complex, which HCFCD acquired with a combination of FEMA funding and flood-bond funds.
I interviewed one family that had flooded eight times in five years. Hurricane Harvey dealt the death blow to the once-proud townhomes but it took almost another six years to obtain funding, demolish what remained of them, and build this trail system.
Forest Cove Townhomes waiting for demolition in February of 2022
San Jacinto Bayou Greenway is part of a citywide initiative called Bayou Greenways. Houston Parks Board leads the initiative. Partners include: the City of Houston, its Parks and Recreation Department, and the Harris County Flood Control District.
Bayou Greenways creates a continuous linear park system along Houston’s major waterways, transforms more than 3,000 underutilized acres along the bayous into accessible greenspace, and connects 150 miles of hike-and-bike trails.
Photos Taken on 4/14, Day Before Ribbon Cutting
Below are some photos of the Greenway taken one day before the ribbon cutting as final preparations were underway.
Looking west from Forest Cove Pool toward the UP railroad bridge over the San Jacinto West Fork. New trail snakes from middle left along river.Still looking east toward railroad bridge at point where trail turns north toward Hamblen Road at Burning Tree Court.Looking SE toward Forest Cove baseball fields along Forest Cove Drive.Another view looking SE along Forest Cove Drive. where trail winds near one of many river inlets.Looking back NW toward Forest Cove Community Center.Hike and bike paths are concrete and wide enough to easily accommodate traffic in both directions.
Entrance to the segment that connects to the Kingwood trail system at the east end of Hamblen road. Shaded rest stops with benches dot the entire Greenway.
Hope to see you at the ribbon-cutting ceremony tomorrow. Don’t forget to RSVP. It will help them plan quantities for the free food. Bring the family, your bikes, and your helmets. The transformation in this area from Harvey to today is remarkable to see! It’s beautiful again!
County Attorney Claims Producing Election Records “Will Harm” Harris County in Litigation
Harris County has filed a lawsuit against Texas Attorney General Ken Paxton seeking to keep 2022 election records secret, saying they “will harm” the county in litigation and must remain “confidential” by law, even though the law cited never mentions the word “confidential.”
The County’s most recent amended petition (dated 4/12/23) by Harris County Attorney Christian D. Menefee seeks a declaratory judgment from the 201st Judicial District Court in Travis County.
History of Dispute
What is the fight about? It started when investigative reporter Wayne Dolcefino and Jim McIngvale, Gallery Furniture owner, requested a list of records related to the November 2022 elections, including:
Dolcefino and McIngvale hoped to determine whether more Republican-leaning precincts than Democratic-leaning precincts:
Harris County stonewalled their Texas Public Information Act request. They appealed to State Attorney General Ken Paxton. Paxton ruled in favor of Dolcefino and McIngvale. Harris County is appealing Paxton’s ruling.
Admission of Guilt?
As I read Harris County’s latest legal filing in this dispute, Paragraph 22 jumped out at me. It states, “Harris County further asserts there is a compelling reason to withhold the [requested] information from disclosure under Texas Gov’t Code 552.103, the litigation exception, as producing records will harm the County’s position in ongoing and anticipated litigation.” [Emphasis added.]
In my opinion that last statement sounds like an admission of guilt. They didn’t say, “could harm.” They said “will harm.”
If we assume the County Attorney is competent and knows what he’s talking about, that’s a pretty damning and alarming statement.
“Get Out of Jail Free” Card?
Further, again in my opinion, the reference to “anticipated litigation” seems like a “get-out-of-jail-free card.” Without more specifics, any official could claim “anticipated litigation” any time s/he didn’t want to produce embarrassing records.
So, I looked up the litigation exception. Harris County’s petition seems to fall short of the requirements re: “anticipated.”
Section 552.103(c) states that the litigation exception may be invoked “only if the litigation is pending or reasonably anticipated” on the date information is requested. [Emphasis added.] For instance, has a law firm sent a registered letter informing the defendant of an intent to file a lawsuit? Harris County’s latest petition does not reveal any such anticipated lawsuits, if there are any.
Mocking Legislators’ Intent?
Menefee’s petition cites Chapter 552 of the Texas Government Code TWENTY times as a reason to keep election records secret.
Yet Chapter 552, Subchapter A begins with the following warning to public officials. “The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”
Harris County’s position seems to mock legislators’ intent.
Bogus “Confidential” Claim
This case isn’t about national security. It’s about whether an election was conducted fairly. That’s why in my opinion, the refusal to produce these records is tantamount to a coverup.
Despite the fact that Dolcefino and McIngvale aren’t demanding a recount or the actual ballots stored in locked boxes, Harris County would have you believe they are.
The County’s fourth amended petition claims “cast vote records” are considered to be “confidential” and must be stored in a “secure container for 22 months” under the Texas Election Code 66.058. See Paragraph 9 of Petition. However…
The goal of the section that Menefee cited seems to be preserving paper ballots to settle disputes, i.e., preventing them from being destroyed prematurely. Chapter 66 even spells out procedures for opening storage containers, which the County Attorney claims is “a criminal offense” (See Paragraph 10 of his amended petition).
Menefee neglects to mention that it’s only illegal if it’s unauthorized and procedures are not followed. See Texas Election Code 66.058(c).
Also regarding confidentiality of voting records, Chapter 66.0021 states, “Each vote total shall be maintained in a downloadable format approved by the Secretary of State and posted on the Internet…” So much for confidentiality!
Your tax dollars are paying for this nonsense and to keep election information secret. Election information that the County Attorney admits is damning!
So far, all Dolcefino and McIngvale have gotten is ad hominem attacks from the County Judge Lina Hidalgo.
If Hidalgo or Menefee wish to explain their position for ReduceFlooding readers, I invite them to do so.
Posted by Bob Rehak on 4/16/23
2056 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
San Jacinto Greenway Officially Opens
Today, Saturday, April 15, 2023, marked a milestone in the recovery of the Lake Houston Area from Hurricane Harvey.
The San Jacinto Greenway, a gorgeous linear park with hike and bike trails, has replaced the Riverview Townhome complex so utterly destroyed by floodwaters in Forest Cove. At exactly 12:16 and 21 seconds, more than a dozen City, County, State, Federal, School Board, Houston Parks Board, Flood Control and Forest Cove officials officially cut a symbolic bright green ribbon to open the first 2.5 mile segment of the new San Jacinto West Fork Greenway.
The event had something for just about everyone:
Neighbors greeted old friends. Proud parents showed off babies. Officials up for re-election pressed the flesh. And everyone, it seemed, took selfies with everyone else.
People Refusing to Accept Defeat
An almost audible sigh of relief hung in the air. Today was about people who refused to accept defeat. Who fought together to rebuild their community after 240,000 cubic feet per second swept some entire townhome complexes off their foundations.
There were dark days during the seemingly endless buyout phase of the project when everything felt so hopeless. What remained of the townhomes became a magnet for arson, drug dealing, illegal dumping and graffiti.
At times it felt like the blight might never go away. But it did. Beautiful triumphed over bleak. And this morning, despite overnight thunderstorms, not a leaf was out of place and a community stood tall once again.
Harris County Precinct 3 will reportedly finish pushing the San Jacinto Greenway through to Edgewater Park at US59, but has not announced a timetable yet. More news to follow when that becomes available.
Posted by Bob Rehak on 4/15/2023
2055 Days since Hurricane Harvey
You’re Invited: San Jacinto Greenway Ribbon Cutting Saturday 11-1
Come to the Forest Cove Community Center this Saturday, April 15, from 11 AM to 1 PM at 1025 Marina Drive to celebrate the newest segment of San Jacinto Bayou Greenway!
RSVP at bit.ly/SanJacBayouGreenway to confirm your attendance. Please share this invitation with your friends, neighbors, and family. The whole community is invited.
Event Details
Enjoy:
Schedule:
Park along the street and on the tennis courts behind the community center.
Officials in attendance will include:
Project Information
Houston Parks Board started construction of this 2.5-mile Bayou Greenway segment from Woodland Hills Drive to Hamblen Road in January 2021 and completed it in March 2023. The trail does not yet stretch all the way to US59, but it’s getting close.
Features of the San Jacinto Bayou Greenway include:
Recreation Enhancement, Flood-Damage Reduction
Houston Parks Board partnered with Harris County Flood Control District (HCFCD) to purchase land and convert it to greenspace. A portion of the greenway goes through the now-demolished Riverview Townhome complex, which HCFCD acquired with a combination of FEMA funding and flood-bond funds.
I interviewed one family that had flooded eight times in five years. Hurricane Harvey dealt the death blow to the once-proud townhomes but it took almost another six years to obtain funding, demolish what remained of them, and build this trail system.
San Jacinto Bayou Greenway is part of a citywide initiative called Bayou Greenways. Houston Parks Board leads the initiative. Partners include: the City of Houston, its Parks and Recreation Department, and the Harris County Flood Control District.
Bayou Greenways creates a continuous linear park system along Houston’s major waterways, transforms more than 3,000 underutilized acres along the bayous into accessible greenspace, and connects 150 miles of hike-and-bike trails.
Photos Taken on 4/14, Day Before Ribbon Cutting
Below are some photos of the Greenway taken one day before the ribbon cutting as final preparations were underway.
Entrance to the segment that connects to the Kingwood trail system at the east end of Hamblen road. Shaded rest stops with benches dot the entire Greenway.
Hope to see you at the ribbon-cutting ceremony tomorrow. Don’t forget to RSVP. It will help them plan quantities for the free food. Bring the family, your bikes, and your helmets. The transformation in this area from Harvey to today is remarkable to see! It’s beautiful again!
Posted by Bob Rehak on 4/14/23
2054 Days since Hurricane Harvey