Harris County Stonewalling Production of Documents Related to Election Irregularities

Gallery-furniture owner James McIngvale and investigative reporter Wayne Dolcefino are suing the Harris County Elections Administrator’s Office for refusal to produce documents related to the controversial 2022 Harris County Election on November 8. “If there’s nothing to hide,” said Dolcefino, “the best way to clear this up is to produce the documents.”

The lawsuit in Harris County District Court seeks the documents requested under the Texas Public Information Act (TPIA) and recovery of legal fees. It raises huge issues about the transparency of Harris County government in performing one of its most sacred jobs – conducting elections.

Plaintiffs Dolcefino and McIngvale at press conference with lawyer Jeff Diamant announcing lawsuit on 2/14/23.

Internal Investigation Called “Inconclusive” by Election Administrator

In a post-election assessment of the 2022 elections issued by Clifford Tatum, the County Elections Administrator, he called his own internal investigation “inconclusive” His office’s report acknowledged issues such as malfunctioning voting machines, short staffing, and lack of supplies on election day. The report also blamed the United States Postal Service for not moving mail-in ballots quickly enough. And in a first, the report blamed the Astros World Series parade for causing school district closures. The closures allegedly caused delays by presiding judges in opening voting centers located in schools.

Documents Sought

To get to the bottom of these and other issues, Dolcefino requested production of documents in the following categories:

  1. Phone records including text and phone messages for Clifford Tatum between August 1, 2022 and the present. Tatum’s emails and their attachments on Election Day. And all emails between Precinct 1 and Tatum since August 1, 2022.
  2. All documents dealing with voting machine maintenance issues on Election Day, plus all documents pertaining to inspection of their logic and accuracy before Election Day.
  3. The amount of ballot paper provided to each precinct on Election Day and the number of voters who voted at each precinct. This includes emails between the Administrator’s office and precinct judges regarding paper shortages.
  4. All election complaints, whether by email or phone, received by the Election Administrators Office and County Judge Lina Hidalgo between November 8 and the present.
  5. A list of all polling locations for 2020 and 2022 elections, plus all emails to/from Tatum re: an audit by the Secretary of State.
  6. Emails to/from Tatum between May 1, 2022, and Election Day re: maintenance of polling machines, ballot paper supplies, and changes in polling locations.

Documents Produced

According to the lawsuit, to date, the Elections Administration Office has only produced documents relating to:

  1. One portion of #3 – number of voters, but not the amount of ballot paper supplied for them.
  2. One portion of #5 – the list of polling locations, but no audit emails.

Reasons Cited for Not Releasing Documents

The Elections Administration Office repeatedly cites pending litigation as the reason for refusing to produce the requested documents. The lawsuit lays out why Dolcefino and McIngvale believe the “litigation exception” should not apply. He cites extensively from the Texas Government Code Section 552.103(A). It was intended to prevent the litigation exception from circumventing the intent of the TPIA, i.e., to make public information available to the public. 

The Elections Administration Office also claims an “audit working-papers exception” to TPIA. It allows withholding information under audit.

However, Dolcefino points out that release of the documents is discretionary. There’s no law or rule saying the county must withhold them.

Plaintiffs Claim Defendant Has Not Met Burden of Proof

However, McIngvale and Dolcefino claim that the Elections Administration Office has failed to meet its burden of proof re: the exceptions. The lawsuit says that the Election Administrator Office has blocked virtually all releases of information without valid explanations or precedents. The bulk of the 20-page lawsuit examines, on a case-by-case basis, why McIngvale and Dolcefino believe legal precedents cited by the Elections Administration office should not apply. 

They request a jury hearing on the merits of their arguments.

Says the suit, “Simply because litigation pertaining to an election has been filed or is anticipated does not permit the Harris County Elections Administrator to withhold his communications simply by benefit of his office.”

County Shortcomings Identified by State Audit

The plaintiffs’ lawsuit cites repeated and widespread failures in Harris County. For instance, in December 2022, a Texas-Secretary-of-State audit of Harris County found:

  • Mobile ballot boxes containing 184,999 cast-vote records that were included in the tally did not have a proper chain of custody.
  • Documentation for the creation of 17 mobile ballot boxes accounting for 124,630 cast-vote records could not be produced.
  • Unlike other counties, Harris County did not release a list showing polling locations comparing variance between the number of voters checked in and the number of votes cast.
  • The State’s Forensic Audit Division was not allowed to speak to pertinent Elections Administration staff until the month before the election.

Dolcefino said, “The quickest way to make all this go away is to release the documents.” 

Needed to Hold Government Officials Accountable

In my opinion, this is information that citizens need to hold their government officials accountable. As the Washington Post says, “Democracy dies in darkness.”

The preamble to the Texas Government Code holds that “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.”

In my limited experience, I have found that departments that have nothing to hide willingly produce information. On the other hand, those that withhold information trigger suspicion, undermine trust, and cause more journalists to dig deeper. The resulting public outrage, often backfires on the stonewallers in the long run. 

Unfortunately, the courts move so slowly these days, this dispute may not be settled before the next election. So the information the secret documents contain may not help us conduct a better election next time. Now let’s see. Who’s responsible for courts?

To see the full lawsuit, click here.

Posted by Bob Rehak on 2/14/2023

1995 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.

Action Needed re: $750 Million for Flood-Control Funding

Harris County doesn’t have enough money to complete the 2018 Flood Bond, but is not committing all of a $750 million grant from the U.S. Housing and Urban Development Department (HUD) for Hurricane Harvey flood mitigation.

Shortfall

In the last Harris County Commissioners Court Meeting, Lina Hidalgo admitted that Harris County doesn’t have enough money to finish all projects in the 2018 Flood Bond. See the video starting at 5 hours and 10 minutes.

The $2.5 billion 2018 Harris County Flood Bond program actually contained flood-mitigation projects worth $5 billion dollars. The County anticipated using a third of the original $2.5 billion to attract matching funds from Federal, State and other partners worth another $2.5 billion. However, to date, only about $1.7 billion in partnership funds have been committed. (See page 11 of last bond update.) That leaves a shortfall of about $800 million.

Yet Harris County has had $750 million of HUD Harvey Mitigation Funds sitting on the table for 20 months now. During that time, the County has only submitted a vague, high-level outline for how it wants to spend the money with no specifics. The County wants:

  • 10% for planning and administration ($75 million)
  • 45% for the Flood Control District ($325 million)
  • 45% for “Harris County” ($325 million)
For more details on the plan which has received “conditional” approval, pending public comments, click here.

Where Will Next Half Billion Come From?

$800 minus $325 equals a $475 million shortfall. So only using $325 million for flood control projects still leaves us about half a billion in unfunded projects. The flood resilience trust won’t cover all that. And those calculations, by the way, don’t even include inflation. Project overages are running about 10% to date, according to Dr. Tina Petersen, Executive Director of the Harris County Flood Control District. As more years go by, that 10% is likely to increase given the cumulative impact of inflation.

And because of the way the county has accelerated projects in low-to-moderate income areas, if projects get cut or delayed, the projects will likely be in more affluent areas like Lake Houston.

The entire $325 million being allocated to HCFCD out of the $750 million would not even cover the $335 million of unfinished bond projects in the Halls Bayou watershed alone. Nothing would be left for anyone else.

The outline did not specify how the second $325 million for Harris County would be used. However, the County did reserve the right to shift money to cities (which already had opportunities to submit grant requests to the Texas General Land Office and the Houston-Galveston Area Council).

Get Your Promised Share of the 2018 Flood Bond

Please protest the diversion of these funds. Submit a public comment to Harris County Community Services Department (HCCSD), which prepared the plan. You must submit it by February 21 at 5PM via:  

US Mail

Attn: HCCSD Planning Section

13105 Northwest Freeway, Suite 400

Houston, Texas 77040 

Or Email 
DRplancomments@csd.hctx.net

You may also comment at in-person public hearings on Wednesday, February 15, 2023, at 10 a.m. or 5:30 p.m.:

Harris County Community Services Department

9418 Jensen, Houston, Texas, 77093

Original letters always carry more weight than form letters. But if you don’t have time to write your own, copy or adapt the one below and email it to Harris County Community Services Department. By law, Community Services must forward ALL public comments to the Texas General Land Office and HUD. They will give final approval to any plan.


Sample Letter with Key Points

To whom it may concern:

I strongly protest the outline that Harris County Community Services presented to the GLO for the distribution of $750 million in HUD CDBG-MIT Harvey flood-mitigation funds.

Since adoption of Harris County’s Equity Prioritization Framework, the County has been funneling 2018 Flood Bond money and other local funds to projects in high LMI and SVI areas. 

Now, however, there likely won’t be enough money to finish all of the defined flood-bond projects that voters approved by 88%. 

Therefore, I suggest:

  1. The entire $750 million should go to Harris County Flood Control District to complete unfunded flood-mitigation projects in the bond. 
  2. Earmark half that money for projects in watersheds with more affluent residents (less than 50% LMI) who have been largely ignored until now.
  3. Prioritize projects by:
    • The number of damaged structures during Harvey
    • Depth of flooding during Harvey
    • Remaining, unmitigated flood risk
    • Ability to reduce threats to infrastructure, such as bridges, schools, hospitals, and sewage treatment plants.
    • Lack of previous flood-mitigation investment in watershed
  4. The County, GLO and HUD need to be fair to all people of Harris County as HUD’s rules allow. Half of the flood-mitigation funding in Harris County since 2000 has gone to just four watersheds (Brays, Greens, White Oak, and Sims). Other areas have needs, too.
  5. CSD should present a detailed plan and stick to it. Vague generalities invite suspicion and undermine trust in government. 
  6. Ensure transparency. Harris County CSD has a poor record of transparency and website updates. Create a dashboard that publicly displays:
    • Encumbrances
    • Spending to date on every project
    • Who gets how much money, when, for what
    • Each project’s progress 
    • Monthly updates
  7. The MOD should include guarantees that the county will meet performance deadlines. Because of the 20 months already squandered since the County became aware of the $750 million, I question the county’s ability to spend the money by HUD’s deadline.

Thank you for considering these thoughts.


Don’t forget to add your contact information so Community Services can tell the General Land Office and HUD where the comment came from.

For more supporting information, including charts and graphs that you can use to create a custom letter, click here.

Posted by Bob Rehak on 2/13/2023

1994 days since Hurricane Harvey

HCFCD Issues Reports on Late January Flooding, Tornados

Jeff Lindner, Harris County Meteorologist, has issued a report on January flooding, heavy rainfall and a significant tornado on January 24, 2023. He also released intensity tables for 24th to the 31st. They help us understand the cumulative impact of back-to-back heavy rainfalls on the 24th and 29th.

Overview

Says Lindner, “Early on the 24th, surface low pressure developed over south-central Texas. It helped draw a warm front northward. It eventually formed a line from near Sealy to Downtown Houston to Chambers County. This warm front when combined with strong lift, impressive low level wind shear, and winds changing direction, resulted in the formation of supercell thunderstorms along a line from near Victoria to Sealy to Conroe.

They trained across northwest Harris County. Rainfall amounts southeast of US59 ranged from 1-2 inches, but 2-6 inches northwest of 59.

One of the storms along the front produced a tornado over southern Fort Bend County. Another formed over northern Brazoria county near Pearland. Rotation increased as it tracked through SE Houston, Pasadena, Deer Park and Baytown.

Duration and Rates

The heaviest rainfall occurred over portions of west, northwest, and northern Harris County in a 3 to 6 hr period. Several locations in northwest Harris County recorded 1.0-3.0 inches of rainfall in an hour during the late morning hours. Additionally, as the line of storms moved eastward, numerous locations recorded 1.0-2.0 inches of rainfall in 15-45 minutes. That resulted in rapid street flooding over many portions of Harris County during the early to mid afternoon hours.

From Harris County Flood Control District report.

Total Amounts

Total 6-hr rainfall amounts ranged from 3.0-6.0 inches from north of Katy along west/north of FM 1960 into the Humble and Kingwood areas. The highest amount was at John Paul Landing Park in northwest Harris County where 5.48 inches was recorded in 3 hours. Unfortunately, most of this rain fell on grounds that were still wet from heavy rainfalls on January 8 and 9. This maximized runoff into area creeks.

Lindner points out that, “Heavy rainfall and flooding can occur every month of the year in Harris County and there have been other recent heavy rainfall events in January. Compare rainfall duration and intensity in the table below.”

“Cool season” events tend to be short in duration with the majority of the rain occurring in 6 hours or less,” says Lindner.

Interestingly, all of the January flooding events listed above had identical contributing factors: a surface warm front, high moisture levels, and training movement over the same area.

Rainfall amounts for the 1- and 3-hour time periods ranged from 2- to 10-year rains on the Atlas 14 scale. For the most part, channels could accommodate the rainfall. No widespread house flooding occurred although streams came out of their banks at numerous locations and came dangerously close to homes. See below.

Homes surround by floodwaters near West Fork San Jacinto on 1/30/23.

Tornado Impacts

The tornados were a different story, though. As they swept across the southern part of the county at 40 to 60 mph, they produced significant damage.

Lindner said, “Video obtained from the City of Deer Park indicated a tornado heavily shrouded in heavy rainfall with very little if any visibility of a condensation funnel or lofted debris. Unlike tornadoes in the Great Plains, many of the tornados along the US Gulf coast are hidden within heavy rainfall and very difficult to observe.”

Damage assessments as of February 7, from the cities impacted indicate approximately 1,635 single family homes were damaged, 855 multi family units, and 15 mobile homes. The tornados ranged from EF0 to EF2 in intensity. EF2 winds range from 111-135 mph.

Jeff Lindner, Harris County Meteorologist

For a complete listing of rainfall intensities and damage assessments at different locations through the county, see Lindner’s report here. It contains an interesting history of tornados in Harris County.

The pictures below were taken by a retired Kingwood resident, John Knoerzer, who owned a business in one of the hardest hit areas. They illustrate damage in Pasadena at one of his former employee’s home and shop.

Roof and walls torn away by winds. Note sheet metal twisted around tree in upper right. That came from a neighbors home several hundred feet away.
Sheet metal from same building shredded the power lines in this 23-second video.

Never Bet Against Mother Nature

Lindner’s report and these images provide powerful reminders of why we should never take flood or wind risk for granted. And why we need to see flood-mitigation projects through to completion.

These were only 5-year storms. But remember. Those exceedance probabilities are like odds on a Las Vegas roulette wheel. I once saw the same number come up six consecutive times!

Don’t bet against Mother Nature. Insurance gives you much better odds.

To explore historical rainfall in your area, consult the Harris County Flood Warning System.

Posted by Bob Rehak on 2/8/23 with thanks to John Knoerzer for his images and Jeff Lindner for his reporting

1989 Days since Hurricane Harvey