Jeffrey Yuna of Harris County, former candidate for the 38th Congressional District, and Debra Boehm, a voter in Collin County have submitted a formal HAVA complaint with the Texas Secretary of State (SOS), the Hon. Jane Nelson, who is the State’s Chief Election Administrator.
The complaint, supported by Unite4Freedom evidence, seeks a hearing on the record under the longstanding Federal Help America Vote Act (HAVA) (§ 402, 52 U.S.C. § 21112, and 1 Tex. Admin. Code § 81.171) to determine whether Texas is complying with HAVA § 303 in its administration of federal elections.
The complainants are not asking to overturn, contest, or alter any election result. Instead, they seek a record-based HAVA determination concerning Texas’s statewide voter registration list, voter history records, participation records, official-source reconciliation; preservation of source records; and future federal-election compliance.
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HAVA Requirements
HAVA § 303 requires Texas to implement and maintain a “single, uniform, official, centralized, interactive computerized statewide voter registration list” that “shall serve as the official voter registration list for the conduct of all elections for Federal office in the State.” This complaint alleges a HAVA Title III violation that has occurred, is occurring, and is about to occur again unless corrected before the next federal election.
This Complaint asks four binary questions about the official Texas record of a single federal election:
- Do the State’s four official counts of voter participation reconcile?
- Is there documented administrative records showing how they reconcile?
- Can the State identify the number that was certified and the source system that produced it?
- Can the State produce the record-chain proof of how the certified number was derived and how it relates to the “single, uniform, official, centralized, interactive computerized statewide voter registration list”?
Hellbound and Down 