Here in Texas we really need to have a long conversation about Sections 273.081 and 273.61 of the Texas Election Code - what is the practical point of these statutes if they were drafted in such a way as to make them useless? #txlege #2020ElectionResults 1/

Section 273.083 says we can get an injunction anytime there is an election law violation to stop it - but in its execution it does not work this way. There is a CivPro rule that says a temporary decision may not act as a perm one - so you can't get an injunction if the 2/

situation will be over before the loser can exercise all their appellate remedies. In practical terms, if you get a TRO, it's good for 14 days, and then you have a hearing on the merits, and then the loser needs time to appeal to the Appellate Court of whatever jurisdiction 3/

you're in, and then you have to have time to appeal to SCOTX, albeit on an expedited schedule. So when do you run out of time? I'm glad you asked, the "Ferguson Rule" dictates that that the Supreme Court believes you are out of time if you cannot complete the appellate process 4/

before the federal military and overseas ballots go out which is 45 days before the election. So, although you can litigate ballot challenges (usually) before that time, you cannot litigate anything that happens DURING THE ACTUAL ELECTION. See an election code violation 5/

with your own eyes? Tough nuts - injunctions are all mooted by the ballots going out so the only thing you have left is Section 273.061 Writ - and that is only for a duty compelled by the Texas Election Code that is (1) clear and unambiguous; (2) when a demand for performance 6/

has been made and refused; (3) and, this is the *key* THERE CAN BE NO FACT DISPUTES because appellate courts cannot resolve those. So in essence, there is virtually nowhere for a candidate or party to go if they see the integrity of an election threatened in real time. 7/

The doors to the courthouse close 45 days before the election even starts. We saw two writs for OBVIOUS violations of the election code brought to #SCOTX and they declined to intervene. First, in Travis County because there were fact issues, and secondly in Dallas because 8/

they could not get to it before the offending Signature Verification Judge finished counting all their ballots so it was mooted. And these were not the only violations we saw. In Dallas County we had a dozen poll watchers ESCORTED OUT OF POLLING PLACES by law enforcement 9/

simply because they wanted to be within 6 ft to take notes or observe election activity, which 33.056 CLEARLY gives them the right to do, and there is no 6 ft parameter in the code. This is a violation of 33.061 of the code and a misdemeanor, & the actions of law enforcement 10/

constitute official oppression. The AG's office sent a letter to every LEO in the state to inform them of this, but it did not stop the unlawful behavior. If #SCOTX refuses to step in, and they have made the Ferguson Rule unbendable, so no injunctions are possible - 11/

lower courts being the only place where you can resolve fact disputes, then WHAT IS THE POINT of having Elec Code protections or rules at all? The Court has ruled repeatedly that Elec Code provisions to protect us from fraud are to be strictly enforced, but simultaneously 12/

made such enforcement impossible. We need to have a conversation about this during the #87th #texlege session because if we don't do something the #SCOTX is telegraphing that abusing poll watchers and violating the election code will be tolerated @scotxblog