FORT WORTH, Texas – The Tarrant County Libertarian Party filed a petition with the Texas Supreme Court on Nov. 9, seeking a court order that the county’s ballot board comply with the state election code that mandates equal representation from each political party on the board. The request comes as the board prepares to begin a state‑mandated, hand‑counted audit of the November 3 midterm election results.
Legal basis for the petition
Under Texas election law, each party whose candidates appear on the ballot – Democrat, Libertarian and Republican – must have an equal number of members serving on the ballot board that processes mail‑in and provisional ballots and conducts the post‑election audit. The Libertarian Party alleges that the Republican‑controlled board violated this requirement by appointing a disproportionate number of Republicans.
Details of the alleged imbalance
Four days before the election, county officials added 14 additional Republicans, three Libertarians and three Democrats to the board, citing concerns about processing a higher‑than‑usual volume of mail‑in ballots. County elections administrator Clint Ludwig said he had confirmed with the Texas Secretary of State’s office that the appointments were legally permissible.
Libertarian attorney Steven Lawrence argues that the unequal appointments set a dangerous precedent. “If the court doesn’t require Tarrant County to follow the law in this election, then there’s 253 other counties in Texas – and there’s a lot of elections to come – and what they will be allowing is whatever party is in charge of any county in Texas, they just get to appoint ballot boards based on whatever they want,” Lawrence said.
Responses from board members
Amie Super, the Republican chair of the ballot board, did not return a request for comment. Tim Davis, the Tarrant County GOP chair who nominated Super, also declined to comment, noting that he was not involved in the board’s scheduling decisions and deferred to Super.
Kat Cano, the board’s lead Democrat, confirmed that Super assigned her as the team lead for the hand‑counted audit and that she intends to schedule an equal number of members from each party. Cano declined to comment on the pending litigation.
Previous court action
The Libertarian Party initially sought relief from the Texas Second District Court of Appeals, which denied the petition on Nov. 3 without providing a reason. The party’s renewed effort now targets the state’s highest court.
Potential impact of the audit
Lawrence acknowledges that the audit is unlikely to change the outcome of the race, given the sizable margins by which Democrats won most offices in Tarrant County. However, he stresses the importance of enforcing the law now to prevent “future shenanigans” and to set a clear precedent for equal party participation in future audits.
Next steps
County officials are scheduled to canvass the election results on Friday. The hand‑counted audit is expected to begin Monday, with the ballot board overseeing the process. The Texas Supreme Court’s decision on the petition will determine whether the board must adjust its composition before the audit proceeds.
For further information, contact Cecilia Lenzen at [email protected].
Original reporting: Fort Worth Report — read the source article.