Texas Takes Over Voter Registration in Val Verde County After Audit

By Natalia Contreras / The Texas Tribune

DEL RIO, TX — Three years ago, Texas lawmakers approved a law that was designed to allow state oversight of elections in Harris County, which includes most of Houston, due to problems and irregularities with its elections.

But the law also said the state could take control of elections in smaller counties, if it found problems there when conducting state-required random audits. 

Now, the state is using the law for the first time to assume administrative oversight of voter registration in Val Verde County, which sits along the Rio Grande about 150 miles southwest of San Angelo and has around 30,000 registered voters. Its county seat is Del Rio.

The county’s tax assessor-collector and voter registration officials, who are responsible for voter registration duties, have repeatedly failed to maintain accurate voter registration records despite on-site training and help from officials with the Texas Secretary of State’s Office, according to the agency’s preliminary audit of the county, released last year.

“A recurring pattern of problems with election administration and voter registration exists and the problems impede the free exercise of citizens’ voting rights,” the preliminary audit report from the state said. 

The findings prompted the state to take control, the first time it has used that provision of the 2023 law. The agency did not answer questions about how long the county will remain under administrative oversight but in an emailed statement, said a full report with details on the parameters of the state’s oversight is expected in July. 

The law’s author, state Sen. Paul Bettencourt, a Republican from Houston, said the bill’s application beyond Harris County aims to address lingering voter registration and election administration issues that some election officials may be failing to resolve.

“This is an example of how we’re just trying to make sure that we’re following the law and it’s not specific to just one county,” Bettencourt said. “We need to make sure that if there are problems, that they’re followed up on, and that they stay fixed.” 

A state audit finds problems

In 2022, Harris County, under the leadership of newly appointed election officials, had to extend voting for an hour after various polling places had malfunctioning voting machines, paper ballot shortages, and long waiting periods. Losing candidates filed more than 20 lawsuits against the county, citing those problems and seeking a redo of the election. All but one of those lawsuits was dismissed. A judge ordered a new election in one race, though it never happened because the previously elected candidate resigned before it could be held. 

During the 2023 legislative session, Bettencourt said the county’s election woes inspired him to craft a bill granting the Texas secretary of state the authority to investigate election “irregularities” after complaints are filed specifically in counties with more than 4 million people, a category that includes only Harris County. 

The bill was later amended before passage to also apply to any counties that are selected at random for a state-required biennial audit of elections. In 2024, Val Verde was among the counties selected from a drawing to be audited. 

This law gives state officials the ability to follow through and help county officials resolve ongoing problems uncovered by the audits when necessary, Bettencourt said.

The secretary of state’s office, until now, has had less rule-making authority over counties’ election procedures than nearly any other state’s chief election authority. But under this law, secretary of state officials can remove a county election administrator or file a petition to remove an elected county officer overseeing elections — such as a county clerk or a tax assessor-collector overseeing voter registration duties — if “a recurring pattern of problems” isn’t resolved. 

That’s what ultimately happened in Val Verde. According to the preliminary audit report, the state found that Val Verde’s tax assessor-collector and voter registration office had no written voter registration policies. It found that staff created new voter registration records instead of updating existing ones, which resulted in duplicates. The staff could not explain how voter registration accuracy was verified, and provisional ballots were not processed promptly. 

According to the preliminary audit report, state officials said the voter registrar’s failures led to some voters being assigned to the wrong jurisdiction and receiving the wrong ballot style, as well as voters often having to cast provisional ballots, which are at more risk of not ultimately counting. Due to these consistent issues coming up at polling locations across the county, the county clerk requested additional help from the secretary of state during the audit process. 

In 2023 and 2024, the secretary of state sent teams to Val Verde County to provide “in-depth training” on voter registration and redistricting processes. 

“The state team worked with all offices to ensure that the jurisdictional boundaries were accurately reflected in the statewide system. However, the audit revealed that Val Verde County has not consistently updated this information since the Secretary of State provided assistance last year,” the preliminary audit report says. 

The county’s tax assessor-collector and voter registrar, Elodia Garcia, said in an email that her staff has since reviewed its list of registered voters to merge duplicates, though some are still pending, and that they have resolved the issues with jurisdiction boundaries by visiting the addresses of affected voters and double-checking street numbers. She also noted that her office has now implemented a policy manual for voter registration, that voter registration data is entered in a timely manner, and that they now use time stamps to have proof of dates on records. 

Daniel Griffith, senior policy director for Secure Democracy Foundation, said that he’s interested to see whether the state oversight could lead to improvements in Val Verde and set guardrails for all 254 counties.

“If that is something that is enhanced by this or is a benefit that can be realized, then that’s definitely a good thing, and something that I think most election observers would certainly be in favor of,” Griffith said. 

‘We gotta fix it’ 

Val Varde County Judge Lewis Owens said the county welcomed the audit and findings from the state. 

“You can’t fix what you don’t know is broke. So, with them coming in and giving us the detailed report like they did and pointing out exactly what needs to be fixed, we gotta do it,” Owens said, adding, “We gotta fix it.” 

Owens said he expects another report from the state in August detailing the county’s progress. If the issues aren’t fixed by then, he said, the Val Verde County Commissioners Court will decide whether it needs to create a county elections administration position and appoint an official whose sole responsibility will be election administration and voter registration. 

“It’s good that they’re holding our feet to the fire. We gotta do a better job,” Owens said. “We can’t afford for a person to go in to go vote, and they’re having to vote provisional because we screwed up.”