Texas Watchdog examines voter fraud in South Texas; fraud is rampant, seldom prosecuted

Wednesday, Dec 29, 2010, 08:30AM CST
By Steve Miller

DEL RIO, Texas - In a courtroom here, Dora Gonzalez confessed.

She had intentionally hampered the voting process by mishandling more than 100 absentee ballots in the March 2 Democratic primary in Val Verde County. By 29 votes, her employer, County Commissioner Jesus Ortiz, had won the primary, effectively handing him re-election in this Democratic county. Challenger Gus Flores alleged voter fraud and sued.

A judge ruled in August that Gonzalez' activity on Ortiz' behalf was illegal and ordered a new primary. Under close scrutiny, the election was won by Flores with a 306-vote margin.

In many ways, the case is typical of voter fraud in South Texas: Many violators are not charged -- Gonzalez wasn't either --- because prosecutors complain the cases are hard to prove. When they are prosecuted, the penalties are so small they don't deter the crime. So, with payment as "get out the vote" workers for candidates, the vote harvesters continue to hijack absentee ballots by sending applications on behalf of voters, arriving on their doorstep as the ballots arrive and coaching their votes.

"It's almost like it's OK because it's always been done," said Rudy Montalvo, election administrator in Starr County, which hugs the Mexican border just northwest of McAllen. He's done battle with his own Dora Gonzalezes, to little avail.

"We've had four people indicted, and all of them got a plea bargain. And that's probation, usually," he said. "In the end, the hammer's not hard enough."

Gonzalez testified that she worked the March primary for a number of local candidates, as well as Congressman Ciro Rodriguez, Texas state Sen. Carlos Uresti and gubernatorial candidate Bill White. Since politiqueras' activity is marshaled through local party players, it is unlikely that anyone on White or Uresti's level would ever know of their work.

Gonzalez told the court that Ortiz had given her a stack of applications for mail-in ballots for potential voters and 100 stamps.

Many of those voters said in depositions that Gonzalez took their completed ballots. Most said that Gonzalez did not attempt to influence their votes, but others did. "She filled them out so I could sign, and then she took the envelope," one voter said.

And Gonzalez' reason for assisting these candidates and voters?

"Because I'm interested in my community, and I'm interested in having good people help the community," Gonzalez replied, according to an account in the Del Rio News Herald.

LITTLE ATTENTION FROM AUSTIN

Shortly after Texas Watchdog began its series of stories on voter fraud in March, state Sen. Florence Shapiro said in an interview, “I will be filing legislation to deal with this.â€