Former GOP Candidate’s Lawsuit Seeks to Nullify Texas Election Results

Erin Lunceford, a former Republican judicial candidate, takes legal action to overturn the Harris County election results, raising concerns about fraud as skepticism about election results remains prevalent.
Former GOP Candidate’s Lawsuit Seeks to Nullify Texas Election Results
A woman in Texas hands out "I Voted" stickers to voters at the Rummel Creek Elementary School polling place in Houston on Nov. 6, 2018. (Loren Elliott/Getty Images)
Savannah Hulsey Pointer
8/2/2023
Updated:
8/2/2023
0:00

The trial for the first of almost two dozen lawsuits attempting to nullify election results in Texas’ most populated county began in a Houston courtroom on Aug. 1.

Attorneys are claiming that issues with the midterm elections in November endangered their client’s chance at becoming a district court judge.

Erin Lunceford, a former judicial candidate for the Republican Party, filed a lawsuit asking a court to nullify the election and reschedule the contest. This lawsuit comes after the state’s Republican-led Legislature voted to intervene in the Harris County election administration due to issues on Election Day in 2022.

In the electoral contest, Tamika Craft, a Democrat candidate, emerged victorious over her opponent, Ms. Lunceford, by a margin of 2,743 votes, out of over 1 million ballots cast.

According to legal representatives and authorities from Harris County, there is a lack of evidence to support the claim that voting was hindered due to ballot shortages or other issues, or that any unlawful votes were included in the final count.

Legal challenges to election results have increased nationwide in response to claims supported by former President Donald Trump and his followers asserting that President Joe Biden fraudulently secured the 2020 presidential election.

The trial is expected to take roughly two weeks.

The electoral processes in the county, which ranks as the third most populated in the nation with a significant population of Hispanic and black voters, have been subject to extensive examination over the years.

On Election Day, certain polling stations had delays in opening or long lines as a result of technical issues with voting devices. During the Texas primary in March 2022, there weren’t enough poll workers. Additionally, it was found that about 10,000 mail-in votes were not included in the vote tally on the day of the election.

Texas Legislation

In May, Republican state lawmakers voted to eliminate the position of election administrator in Harris County and to give the state greater control over elections. The Harris County position was created in 2020.

The 2022 Harris County elections were at the center of the changes, as local officials have acknowledged ballot shortages and delayed poll openings.

Gov. Greg Abbott signed Senate Bill 1750 in June, which returns election oversight in Harris County to the tax assessor and county clerk, both of whom are presently elected positions held by Democrats.

The law takes effect on Sept. 1. Democrats argued in the Texas House for more than an hour that Harris County would not have enough time to alter the oversight process before the November mayoral election in Houston, and they accused Republicans of singling out the county because it was moving away from them.

The law will not apply to any of the other 253 counties in Texas because it’s limited to counties with more than 3.5 million people.

Another bill, Senate Bill 1070, set Texas on the path to withdraw from the Electronic Registration Information Center (ERIC), a bipartisan endeavor among states to ensure accurate voter registration lists. ERIC has become a target of suspicion among Republican officials and former President Donald Trump.

Legislators in Texas are planning to replace ERIC with an alternative system.

Similar legislation was passed in Georgia two years ago when Republican state legislators included a provision that could eventually permit the state to assume control of a county’s elections.

Lunceford’s Background

Ms. Lunceford was appointed in 2015 by Gov. Greg Abbott to serve as a judge in the 61st District Court.

According to the biography on her website, she continued to pursue a legal career after what she believed was a judicial service cut short due to “straight ticket voting.” The judge said she did not believe her career was over, prompting her run for the 189th District Court.

On her website, Ms. Lunceford outlined her stance on the responsibilities of a judge.

“My judicial philosophy is simple: I believe that a Texas Trial Court Judge should show up to work on time and work full days, allow all parties to be timely heard in person or by phone/video conference, read all submissions before hearings, timely rule on all motions, treat lawyers, jurors and all participants equally and with respect, serve the people with integrity and follow the rule of law,” she said.

“I abided by these principles when I served in 2015–2016 and will do so again.”

The Associated Press contributed to this report.