Take Action: There are several steps that can be taken to address these issues, including legal action, federal oversight, and public advocacy efforts to ensure the voting process is fair and transparent.
Steps to Take:
1. Filing an Emergency Lawsuit
An emergency lawsuit could be filed to address the use of malfunctioning or uncertified voting machines. This lawsuit could be brought by affected candidates, political parties, advocacy organizations, or concerned voters. The lawsuit would claim that Dallas County's use of faulty machines violates election laws, specifically the Texas Election Code and possibly federal election laws. If the machines failed the logic and accuracy tests, their certification for use in the election may be unlawful. The lawsuit could seek to stop the use of these machines and require immediate corrective actions, such as replacing the machines or using alternative methods like paper ballots.
Legal Basis:
Texas Election Laws: Texas election law requires that voting machines pass logic and accuracy tests before being used in elections. If these machines failed but were still certified, it could be a violation of the law.
Equal Protection: Under the Fourteenth Amendment, voters are entitled to equal protection under the law. If some voters are subjected to faulty machines, this could be viewed as a violation of their constitutional rights.
Help America Vote Act (HAVA): This federal law governs the use of voting machines and may also provide grounds for a lawsuit.
Where to File:
State Court: A lawsuit based on Texas election law could be filed in Dallas County District Court.
Federal Court: If the issue involves a violation of federal law or voters' constitutional rights, the lawsuit could be filed in the U.S. District Court for the Northern District of Texas.
Dallas County District CourtAddress: 600 Commerce St, Dallas, TX 75202
Phone: (214) 653-7301
Website:
dallascounty.org/government/…
U.S. District Court for the Northern District of TexasAddress: 1100 Commerce St., Dallas, TX 75242
Phone: (214) 753-2200
Website:
txnd.uscourts.gov/
The lawsuit could include a request for an emergency injunction to halt the use of the faulty machines and ensure that the election continues with accurate and functioning equipment. The court could order the county to take immediate corrective actions.
2. Involving the Texas Secretary of State
The Texas Secretary of State is responsible for overseeing elections in the state and ensuring that they are conducted in compliance with the law. A formal complaint can be filed with the Secretary of State’s office, requesting an investigation into Dallas County’s use of uncertified or faulty voting machines. If the machines did not pass the required tests, the Secretary of State’s office may have the authority to intervene and stop their use.
Contact Information for the Texas Secretary of State:
Texas Secretary of State – Elections DivisionPhone: 1-800-252-VOTE (8683)
Email: elections@sos.texas.gov
Mailing Address: P.O. Box 12060, Austin, TX 78711-2060
Website:
sos.state.tx.us/elections/in…
By involving the Secretary of State, election officials in Dallas County may be required to address the issue and ensure that voting machines are properly certified and functioning before they are used in the election.
3. Requesting Federal Oversight
The U.S. Department of Justice (DOJ), through its Civil Rights Division, Voting Section, can be asked to investigate whether the use of malfunctioning voting machines in Dallas County violates federal election laws. If the DOJ finds that the actions of the Dallas County elections board could disenfranchise voters, they could take legal action to ensure that the machines are either fixed or replaced before Election Day. This could involve sending federal election monitors to observe the election and ensure that the process is fair and legal.
Contact Information for the DOJ Voting Section:
U.S. Department of Justice, Civil Rights Division – Voting SectionPhone: 1-800-253-3931 (toll-free)
Email: voting.section@usdoj.gov
Mailing Address:
Civil Rights Division, Voting Section
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Online Complaint Form:
civilrights.justice.gov/
If the faulty voting machines disproportionately affect specific groups of voters, this could also be a violation of the Voting Rights Act of 1965, which prohibits discriminatory election practices.
4. Public Advocacy and Pressuring Election Officials
Public advocacy can help raise awareness of the issue and pressure election officials to act. Advocacy groups, such as the Texas Civil Rights Project or the ACLU of Texas, can organize campaigns to highlight the problems with the voting machines and push for immediate action. These organizations can also provide legal support, file lawsuits, or demand public accountability from the election board in Dallas County.
Contact Information for Advocacy Groups:
Texas Civil Rights ProjectPhone: (512) 474-5073
Email: info@texascivilrightsproject.org
Website:
texascivilrightsproject.org/
ACLU of TexasPhone: (713) 942-8146
Email: info@aclutx.org
Website:
aclutx.org/
These advocacy organizations can help mobilize voters, file public records requests, and provide legal assistance to ensure that election officials are held accountable for any issues with the machines.
5. Election Observers and Monitoring
If the machines continue to malfunction during the election, it is important to have election observers at polling places to monitor the situation and report any irregularities. Election observers can document machine malfunctions, long wait times caused by glitches, and any instances where voters are turned away because of machine problems. This documentation can be used in post-election challenges if necessary. Additionally, if voters experience issues with the machines, they should be offered provisional ballots, which allow them to cast their votes while their eligibility is confirmed.