Explainer: Controversial Lawsuits Over 2022 Harris County Election Results

Voting and ElectionsExplainer
Written By Ashni Mehta

On August 1, 2023, the first of 21 lawsuits regarding November 2022 election results in Harris County, Texas, began. Republican candidates have spent the past nine months questioning the election results because 20 polling stations (out of 782 locations) in the county ran out of ballot papers, leading to many voters being unable to vote at that polling station. The candidates and others have also alleged that 73% of the polling locations with ballot shortages were in predominantly Republican areas and, thus, affected the election results and led to more Democratic candidates winning. 

However, Harris County uses a “countywide polling system,” where voters can vote at any polling booth, not just their home precinct. No one has testified in over eight hours of public hearings that they had difficulty casting a ballot.

In court filings, Republicans identified 29 polling locations in Harris County where voters were turned away, 26 due to paper shortages, and 3 to technical difficulties. 

Timeline of Lawsuit

  • July 5, 2022: Cliff Tatum is hired as the Elections Administrator for Harris County

The 5-member Harris County Elections Commission unanimously voted to hire Tatum, who previously served as the head of Washington, DC’s board of elections.

  • November 7, 2022: Harris County Election Day 

  • November 14, 2022: Texas Governor Greg Abbott calls for an investigation into “election irregularities” in Harris County

Tatum said that the county is committed to transparency and is already participating in the state’s election audit. The Texas Republican Party filed a lawsuit against Tatum and the county, and Harris County District Attorney Kim Ogg launched an investigation into the elections. 

  • November 15, 2022: Tatum speaks at Harris County Commissioners Court

  • December 8, 2022: Republican judicial candidate Erin Lunceford, who lost to Democrat Tomika Craft by 0.26 of the vote, files a petition to have a new election in Harris County’s 189th judicial district

  • January 3, 2023: Tatum releases a post-mortem analysis of the November election 

  • January 6, 2023: More Republican candidates file lawsuits challenging the November election results 

  • February 7, 2023: Lieutenant Governor Dan Patrick calls for a new election 

  • February 14, 2023: Gallery Furniture's Jim McIngvale, a donor to the Republican party, sues the Harris County Elections’ Administrator office and launches a website - HardtoVote.com

  • March 7, 2023: Republican State Senator Paul Bettencourt introduces legislation that would impact only Harris County’s election processes 

  • May 23, 2023: Texas Legislature abolishes Harris County elections office

  • July 6, 2023: Harris County sues Texas over election legislation 

On August 1, the first lawsuit went to trial against 189th District Judge Tamika Craft. Craft won the November election by 2,743 votes over GOP judicial challenger Erin Lunceford, a 0.26 margin of victory. In Texas, election law requires candidates and elected officials to be sued to challenge and throw out election results. 

Impact of Results 

Harris County Civil Court Judge Monica Singh, who was elected into office this past November and is one of the judges facing a lawsuit, said that the outcome of these lawsuits, especially the first one that is on trial right now, could set a precedent for future challenges to election results. This means that, depending on the results of the lawsuits, especially the first one, it might become easier to overthrow election results in other parts of the country, leading to a slippery slope of challenging all elections. 
Judge David Peeples, who is presiding over the case, has yet to issue a ruling on the lawsuit.

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Ashni Mehta
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