Motion for Election Fraud in Texas

What Is a Motion for Election Fraud?

Understanding the Purpose and Significance of Election Fraud

"Every voter's vote is entitled to be counted—and that means every vote must be protected from the diluting effect of illegal ballots." (See Tex. Democratic Party v. Abbott (2020) 961 F.3d 389, 413; Gray v. Sanders (1963) 372 U.S. 368, 380, 83 S.Ct. 801, 9 L.Ed.2d 821.)

"[P]rotection of the integrity of the ballot box is surely a legitimate state concern." (See id; O'Brien v. Skinner (1974) 414 U.S. 524, 534, 94 S.Ct. 740, 38 L.Ed.2d 702.)

“There should be no question about the legitimacy or importance of the State's interest in counting only the votes of eligible voters." (See Tex. Democratic Party v. Abbott (2020) 961 F.3d 389, 413; Crawford v. Marion Cnty. Election Bd. (2008) 553 U.S. 181, 196, 128 S.Ct. 1610, 170 L.Ed.2d 574.)

Rules Governing Election Fraud

Chapter 247 of the Texas Election Code governs lawsuits alleging improper election activities such as fraud.

“A candidate in an election may file a petition for an action under this chapter in any county where a defendant resided at the time of the election. If the election is for a statewide office, the candidate may also file the petition in a district court in Travis County.” (See Tex. Elec. Code § 247.002.)

Sections 276.012 and 276.013 of the Texas Election Code govern election fraud.

“A person commits an offense if the person knowingly or intentionally makes any effort to:

influence the independent exercise of the vote of another in the presence of the ballot or during the voting process, including by altering the ballot of another or by otherwise causing a ballot to not reflect the intent of the voter;
cause a voter to become registered, a ballot to be obtained, or a vote to be cast under false pretenses;
cause any false or intentionally misleading statement, representation, or information to be provided: (A) to an election official; or (B) on an application for ballot by mail, carrier envelope, or any other official election-related form or document;
prevent a voter from casting a legal ballot in an election in which the voter is eligible to vote;
provide false information to a voter with the intent of preventing the voter from voting in an election in which the voter is eligible to vote;
cause the ballot not to reflect the intent of the voter;
cause a ballot to be voted for another person that the person knows to be deceased or otherwise knows not to be a qualified or registered voter;
cause or enable a vote to be cast more than once in the same election; or
discard or destroy a voter's completed ballot without the voter's consent…”

(See Tex. Elec. Code § 276.013(a).)

Standard of Review for Election Contest

“We review a trial court's judgment in an election contest for an abuse of discretion.” (See Rodriguez v. Rangel, No. 04-23-00099-CV, at *15 (Tex. App. Nov. 13, 2023); Flores v. Cuellar (2008) 269 S.W.3d 657, 660; Tiller v. Martinez (1998) 974 S.W.2d 769, 772.)

“In determining whether the trial court abused its discretion, we may consider the sufficiency of the evidence supporting its findings of fact.” (See id; Jones v. Morales (2010) 318 S.W.3d 419, 423; Beaumont Bank, N.A. v. Buller (1991) 806 S.W.2d 223, 226.)

Legal Precedents and Case Law on Election Fraud

It is well settled that "the risk of voter fraud is real. And it could affect the outcome of a close election. [F]lagrant examples of such fraud ... have been documented throughout this Nation's history by respected historians and journalists. What's more, courts have repeatedly found that mail-in ballots are particularly susceptible to fraud.” (See Crawford v. Marion Cnty. Election Bd. (2008) 553 U.S. 181, 196, 128 S.Ct. 1610, 170 L.Ed.2d 574; Tex. Democratic Party v. Abbott (2020) 961 F.3d 389, 413.)

It is also well settled that “under Texas law, in-person voting is the rule, and mail-in voting is the exception. And that is consistent with the judicial consensus that fraud is much greater in the mail-in ballot context than with in-person voting." (See Tex. Democratic Party v. Abbott (2020) 961 F.3d 389, 417; Veasey v. Abbott (2016) 830 F.3d 216, 239.)

Documents for Motion for Election Fraud in Texas

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In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal and In the Interest of Landon Neal, Braydon Neal, Unborn Child document preview

Petitioner's Designation of Expert Witnesses - No Fee Documents

15 pages

1116462 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF LORI MOORE NEAL 418 JUDICIAL DISTRICT BRANDON LYNN NEAL AND IN THE INTEREST OF LANDON NEAL, BRAYDON NEAL AND UNBORN CHILD, CHILDREN MONTGOMERY COUNTY, TEXAS PETITIONER’S DESIGNATI…

Case Name In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal and…