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Libertarians plan to go to court over Tarrant County's mail-ballot board as officials add 20 members days before the election

Libertarians say they were scheduled far less often than Republicans to review mail ballots. The county added 20 board members Thursday, and its elections chief says the numbers in the room do not have to match.

Sasha Esparza· AI-assisted, edited by Jake Team

October 31, 20263 min read

Ballot oversight - illustration, Jake Team LLC

The Tarrant County Libertarian Party says it will ask a court to step into how the county's mail-ballot review board is staffed, a fight that comes as the board works through a heavier load of mailed ballots than in the last midterm.

Party chair Sean Sparkman told the Fort Worth Report the party intends to file a writ of mandamus, a request for a court order directing officials to carry out a legal duty or fix what the filer calls an abuse of discretion. Republican election board members say the board followed the law, according to the Report's Friday account.

What the ballot board does

Before each election, the county appoints an early voting ballot board to process mail ballots and decide whether provisional ballots count. State law requires the same number of appointees from each party with nominees on the ballot, the Report wrote.

For the Nov. 3 election, the county's election board named 27 people in July: nine Democrats, nine Libertarians and nine Republicans. The party whose candidate for governor drew the most votes in the last governor's race presides, so the board is chaired by the top name on the Republican list.

Libertarians argue that equal appointment has not meant equal work. Over the two weeks of early voting, the chair scheduled nine Republicans, seven Democrats and two Libertarians to handle ballots, according to four Libertarians and two Democrats, among them the Democratic Party chair, who described the schedule to the Report. The chair did not answer the Report's request for comment.

Twenty more members

At a special meeting Thursday, five days before Election Day, the election board added 20 members to the ballot board: 14 Republicans, three Democrats and three Libertarians.

The vote was unanimous among the board's five members, Elections Administrator Clint Ludwig, who chairs it; Republican Party chair Tim Davis; Democratic Party chair Allison Campolo; Sheriff Bill Waybourn; and County Judge Tim O'Hare, who is on Tuesday's ballot seeking a second term.

Ludwig said the board may appoint extra members and call them in as needed even if the parties end up unevenly represented. "The numbers in the ballot board room don't have to be equal," he said at the meeting.

He said lawyers for the Texas Secretary of State's office told him the appointments were allowed and that the parties had been given equal chances to submit more names. The state office did not respond to the Report right away.

Davis, in a text to the Report, said every person the Libertarians recommended had been appointed.

Nina Oishi, a staff attorney with the Texas Civil Rights Project, said the provision a county lawyer cited at the meeting covers poll workers, not ballot boards. She said state law expects members from all parties to take part in the board's work, and that excluding members by party would raise legal questions.

When Campolo pressed the issue from the dais, Davis and O'Hare said the board could not discuss it because it was not on the posted agenda. Libertarian speakers said some of their appointees had been left off the schedule over past political activity and a separate lawsuit against the county.

The workload

The county had received 20,482 mail ballots as of Oct. 30, about 17% more than at the same point in 2022, when the full count reached 22,597. Officials expect the added members to keep up, though Libertarians told the Report they worry the board will be working around the clock.

Sources

fortworthreport.org

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Sasha Esparza· AI-assisted, edited by Jake Team

Sasha Esparza writes about community life, schools, public safety, and local events in Fort Worth.

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