Bettencourt sued over provisional ballots

[PDittie]

Alan Bernsten's report is in full below. I won't comment on it for now except to note that I don't expect to be a party to this myself, but know some who will:

Texas Democratic Party officials are asking a federal judge in Houston to block what they call illegal moves by Harris County voter registrar Paul Bettencourt as the last few votes are added to the totals from the Nov. 4 election.

U.S. District Judge Gray Miller was scheduled to consider the complaint against Republican Bettencourt at 10 a.m. today.

Bettencourt, who was re-elected last week as county tax assessor-collector, denied the allegations in general Tuesday. He said he had to withhold specific comments until he read the lawsuit and consulted with outgoing County Attorney Mike Stafford.

With two judicial races in potential limbo because they were decided by a few hundred votes, the lawsuit focuses on about 7,000 ballots that were cast before and during Election Day but have yet to be verified as ballots that can be added to the totals.

http://www.chron.com/disp/story.mpl/front/6107626.html

[tbyg52]

1. I'll comment - it's a crying shame he wasn't voted out. nt

[PDittie]

2. He was losing 47-53 after EV

The Election Day GOP turnout saved him, elected Lykos DA, and cost us those few judgeships. But if we can get the provisionals counted, we may be able to get one of those -- Goodwille Pierre's -- back.

According to Hector De Leon in Beverly Kaufman's office, usually only 10% "qualify". So it's 700 or so votes Bettencourt is suppressing.

It doesn't make sense that he would attract all of this negative media attention, not to mention lawsuits, over something like 700 votes that may not matter anyway. But a crooked-ass leopard can't change his spots.

[sonias]

3. Damn vote supressor - that guy needs to be sued out of office

Why does he get to decide which votes count? He is not the elections official he is the voter registrar. I would think that Kaufman would have some say in that - but oh, she's of the same party as Bettencourt - so enough said.

And you can see "how transparent" the new SOS is. She is supposedly covering his butt.

Bettencourt said he gave a Democratic representative, Collyn Peddie, a tour of his provisional ballot processing system last week but refused on the advice of the Secretary of State's Office to allow anyone to serve as a monitor.

I'm not sure I would believe anything this guy says. He also claimed in previous interviews with the media that he had requested new registration forms from the SOS' office and that none had yet been delivered to his office. When the news reported checked with the SOS office, they said they had delivered some 50,000 new forms to Harris. He obviously conveniently lost them so he could continue using the older, more confusing registration forms so he could continue disenfranchising people.
:grr:


Sonia

[sonias]

4. TDP Press Release

FOR IMMEDIATE RELEASE
November 12, 2008

CONTACT:
Hector Nieto [phone]

RICHIE: A PERSON’S RIGHT TO HAVE THEIR VOTE COUNTED MUST BE PROTECTED

Below is a statement by Texas Democratic Chairman Boyd Richie regarding today’s ruling by U.S. District Judge Gray Miller:

"The Texas Democratic Party is pleased to hear all ballots in Harris County have finally been processed by Tax Assessor/Collector Paul Bettencourt. It is unfortunate it took a lawsuit to motivate Paul Bettencourt and his office, but nevertheless, it is the voters of Harris County who benefited. It is important to remember our actions had nothing to do with partisanship. Texas Democrats will always insist that the most fundamental principle of democracy is followed - that every election must be fair, free from outside influence or intimidation, and decided honestly and openly after every legal vote is counted. No matter what party affiliation or allegiance, a person's right to have their vote counted must be protected."

I don't see the story link but I guess this means that Bettencourt was forced by the courts to do the right thing by the voters in Harris.

:kick:

Sonia

[sonias]

5. Leftover ballots could switch 2 county judicial races (lawsuit details)

Houston Chronicle 11/12/08
Leftover ballots could switch 2 county judicial races
By ALAN BERNSTEIN Copyright 2008 Houston Chronicle
Nov. 12, 2008, 3:32PM

In a miniature version of the 2000 Florida vote drama, election officials prepared to work late tonight toward counting the last leftover votes that could switch outcomes in two Harris County judicial elections.

The tedious work lurched forward when county voter registrar Paul Bettencourt delivered his reports on about 7,000 ballots that were cast by people not listed on the Election Day voter rolls. Some of those residents had been omitted from registration records by mistake, and their votes will be added to last week's totals.

Bettencourt's move led Democratic Party officials to drop their request today for a judge to order him to complete the tallies and open his staff's work to monitors. However, Democrats said they will press ahead next year with the part of their lawsuit that accuses Bettencourt, a Republican, of illegally rejecting voter registration applications.

He sent his work on the 7,000 or so provisional ballots to a bipartisan ballot board that will decide which ones will be added to the Nov. 4 vote total.

Imagine that Bettencourt thinks he's Katherine Harris! :grr:


Sonia

[Gothmog]

6. Obama Voter Protection Team had attorneys standing by to help

The Obama Voter Protection Team in Harris County had a decent number of attorneys standing by to help and/or observe the counting of these provisional ballots this weekend. I now know why I never got a call to come watch the counting of provisional ballots. I know that the litigation team have some really good attorneys on it and this will be a fun fight to watch.

[sonias]

7. The fun will continue through next year when the meat of the case goes to court

Paul Bettencourt has been conducting his own little voter suppression machine in Harris for a decade. Well there is a new President and this new administration and a cleaned up DOJ do not take kindly to voter suppression. Paul better start looking to clean up his operation quickly. He's going to be a bug under a microscope soon.

I can't wait for the trial.

:popcorn:


Sonia

[sonias]

8. Bettencourt uses white-out to make alterations

This is frigging unbelievable. This guy deserves to go to jail.

Houston Chronicle 11/12/08
Tally may alter 2 Harris judge race outcomes Thursday
(snip)
Provisional votes
The vote-counting work lurched forward when county voter registrar Paul Bettencourt delivered his reports on about 7,000 so-called provisional ballots that were cast by people not listed on the Election Day voter rolls.

Some of those residents had been omitted from registration records by mistake and under federal law were allowed to vote after swearing on special forms that they were registered. Their votes will added to the totals if their registrations are confirmed.

But Republican Jim Harding, a retired Houston business executive who chairs the ballot board of about 35 people, said the counting process was delayed by faulty work by Bettencourt's staff.

The problems included hundreds of voter forms whose information the registrar's staff masked with white correction fluid and then altered with new information, Harding said.

As ballot board members determined whether ballots should be counted, he said, they wanted to have confidence in the accuracy of the registrar's research.

But "that kind of confidence is not replicated here, and then when they see this 'white-out' all over the place they get nervous," he said.

Haul Bettencourt off to court and make him swear under oath that he did not alter a government record!
:grr::grr::grr:

Sonia

[sonias]

9. TDP Press Release

Texas Democratic Party

FOR IMMEDIATE RELEASE
CONTACT:Hector Nieto [phone]
November 13, 2008


REPUBLICAN QUESTIONS PAUL BETTENCOURT
Republican Tax Assessor Undermines Confidence in Election System,
Forces Bipartisan Ballot Board to Protect the Right to Vote

(Austin, TX) – An article in today’s Houston Chronicle about Tax Assessor/Collector Paul Bettencourt’s "faulty work" is yet another slap in the face of Harris County voters. And today, the criticism comes from a member of his own political party. Tom Harding, a Republican and Chair of the Ballot Board responsible for determining if provisional ballots will be accepted, criticized Paul Bettencourt and expressed a lack of confidence in Bettencourt and his office.

"By failing to provide accurate information the Harris County Ballot Board needed to do their job, Paul Bettencourt failed all voters and our right to have every vote count in a free and fair election" said Texas Democratic Party Chairman Boyd Richie. "When a fellow Republican like Tom Harding comments about Bettencourt’s office altering information on voter registration forms, it’s obvious that Paul Bettencourt was deliberately using technicalities to undermine the fundamental right to register and vote."

In the Houston Chronicle article, Harding explains how Bettencourt’s office intentionally hid voter information and then altered it with new information. Additionally, having served on the Ballot Board for five previous elections, Harding claims “there were more errors and related voting records problems” in this election as a result of Bettencourt’s flawed work.

"As a result of these new allegations, the Texas Democratic Party will continue to move forward with its lawsuit in order to make certain Harris County voters are protected from Paul Bettencourt," added Richie. "Based on his work, Paul Bettencourt is either incompetent or indifferent to the most fundamental right in our democracy. Whichever the case, Texas Democrats will make certain he is held accountable for his actions."

###

:kick:


Sonia

[sonias]

10. Still more in the continuing saga

Texas Democratic Party
FOR IMMEDIATE RELEASE
CONTACT: Hector Nieto [phone]
November 13, 2008

DID PAUL BETTENCOURT LIE TO U.S. DISTRICT COURT? DID HE CONSPIRE
WITH HARRIS CO. REPUBLICAN CHAIR TO INTERFERE WITH BALLOT BOARD?
Voters Deserve an Honest Answer

(Austin, TX) – Yesterday, at Federal District Court hearing regarding the disposition of provisional ballots in Harris County, Tax Assessor Collector Paul Bettencourt’s attorneys told the Court that his office had processed all of the provisional ballots by 7:00 a.m. Wednesday morning. Additionally, Bettencourt informed the media that he had actually finished the ballot process the afternoon before the hearing. However, the Ballot Board received additional ballots as late as 4:00 p.m. after the hearing, in direct conflict with what Bettencourt’s attorney told the U.S. District Judge.

"For some time now, Paul Bettencourt’s unusual effort to reject legitimate voter registration applications has raised public concerns, but misleading a court of law for partisan purposes would be beneath contempt," said Texas Democratic Party Chairman Boyd Richie. "Whether Paul Bettencourt is incompetent or indifferent, neither is a legitimate excuse."

Furthermore, we have received reports that Bettencourt had a private meeting with Harris Co. Republican Party Chair Jared Woodfill the Wednesday after Election Day, after which Bettencourt’s processing of provisional ballots slowed to a near halt, despite a state law that requires complete processing of provisional ballots by the Friday after Election Day. Then yesterday, at least two witnesses observed Chair Woodfill and an unidentified Anglo male in a private meeting with the Republican Ballot Board Chair Jim Harding between 4:00 and 5:00 in the afternoon, just hours after the District Court assumed jurisdiction of the matter. Additionally, we have received reports Bettencourt personally called Harding and berated him regarding his comments in today’s Houston Chronicle.

In response to these reports, the Texas Democratic Party General Counsel has sent a letter to Harris County Republican Party Chairman Jared Woodfill asking him to report his actions to U.S. District Judge Gray Miller. (See attached)

"Paul Bettencourt and Jared Woodfill owe the voters an honest explanation, because their actions just don’t pass the smell test," Richie concluded.

###

It's times like these we wish we had a fully functioning Department of Justice Civil Rights Division to come into Harris and investigate. :grr:

Sonia

[sonias]

11. And still more today

Houston Chronicle 11/13/08
Additional votes have no effect on Harris Co. election results
(snip)
During the counting process, the Texas Democratic Party accused voter registrar Paul Bettencourt, a Republican, of delaying the verifications. Jim Harding, the Republican chief of a bipartisan ballot board, which made final decisions on which ballots were valid, accused Bettencourt of supplying the board with faulty records.

Bettencourt denied the allegations. After the Chronicle published Harding's statements, Bettencourt firmly asserted his denials in phone messages to Harding, the men said.

In turn, Harding alleged Thursday that Bettencourt's calls were improper attempts to influence how the ballot board did business. He discussed the messages with County Attorney First Assistant John Barnhill, who was unavailable for comment.

Bettencourt said he had merely defended his staff's performance — without questioning the board's decision to accept some provisional ballots that Bettencourt's workers had classified as incomplete.

Sonia