Texas - DA's Office asks to impound voting machines
DA's Office asks to impound voting machines
Posted: Wednesday, March 19, 2014
By Jacob Fischler | The Monitor
EDINBURG — Voting machines used in the Hidalgo County Democratic primary election earlier this month could be impounded this afternoon following an application the District Attorney’s Office filed this morning in the 398th state District Court alleging possible vote tampering.
“Upon review of information received by the Hidalgo County District Attorney’s Office, regarding the forenamed election, criminal conduct may have occurred in connection with said election, therefore requiring impoundment of all the election returns, voted ballots, signature roster and other election records and equipment for an investigation and ultimately a determination of whether or not criminal conduct occurred,” the application states.
The move comes on the heels of the county’s Commissioners Court announcing yesterday they’d hold a special meeting Friday to consider appointing a forensic analyst inspect the county’s 811 electronic voting machines for potential tampering.
Twelve candidates who either lost outright in the Democratic primary, or who are headed to a runoff election sent letters to the County Judge’s Office asking for the machines to be inspected.
The candidates cited a 2007 report by the Colorado Secretary of State’s Office that found the voting machines used in that state’s elections — manufactured by the same company that makes Hidalgo County’s machines — failed to adequately protect against tampering.
“We’ve had concerns brought to our attention, and under the statute, the election code, (District Attorney) Mr. (Rene) Guerra on his initiative can request an investigation be conducted,” said Homer Vasquez, the top-ranking assistant in the criminal division of Guerra’s office. He declined to name the people who’d asked for the investigation.
Hidalgo County has used the machines since 2005, county Elections Administrator Yvonne Ramón said on Monday.
Before the machines can be impounded, 398th state District Court Judge Aida Salinas Flores has to sign off on the order, said Murray Moore, another high-ranking prosecutor in the DA’s Office. However, she noted the judge may not allow all the inspection powers authorities are asking for.
“What we submitted to the court and what the court’s going to grant I can’t tell you at this point,” she said.
Reached on her cell phone, Salinas Flores said she was out of her office for the afternoon for dental appointments, but planned to make a trip back to review the application.
Rather than physically moving the machines, impounding them means the process of investigating them can begin. If they are impounded, the machines will not actually leave the Elections Administrations Building, where they remain locked away for at least 30 days from Election Day, Moore said.
“That’s what we’ve done in the past,” she said. “They’re under lock and key anyway.”
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