365th District Judge Amado J. Abascal Orders Maverick County Democratic Party Primary Election Ballots To Be Impounded Daily

By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2018

With the Texas Democratic and Republican Parties’ Primary Elections commencing on Tuesday, February 20, 2018 with the Early Voting Period continuing until March 2nd and Election Day being on March 6th, 293rd and 365th Judicial District Attorney Roberto Serna filed an Application for the Democratic Party Primary Election early voting day ballots and all election material associated with said Primary Election to be impounded for all the polling place(s) in Maverick County, Texas.

365th Judicial District Judge Amado J. Abascal, III granted District Attorney Roberto Serna’s Application for Impoundment of the Maverick County Democratic Party Election Ballots and Material to be impounded on a daily basis on Wednesday, February 14, 2018 and issued an Order of Impoudment in Cause No. 18-02-35255.

According to the Order of Impoundment, Judge Abascal ordered that “Mr. Roy Schmerber, the Election Administrator for Maverick County, and/or his designees, herein referred to as the “Election Official” for the above-mentioned election, are ordered to deliver the Election Material including the voted ballots to the Texas Department of Public Safety, herein called the “Transporting Officers” after the close of the polls each day during the early voting period except March 2, 2018 (the last day of early voting).”

The Order of Impoundment adds that “the Transporting Officers are hereby ordered to transport the Election Materials and deliver them to the custody of the IBC Bank, situated at 439 Main Street, Eagle Pass, Maverick County, Texas (herein called the “Place of Safekeeping”) after the closing of the polls each day of early voting except on March 2, 2018 (the last day of early voting).”

Furthermore, the Order of Impoundment states that “the Transporting Officers are ordered to transport the Election Materials from the Place of Safekeeping to the Election Official at the polling place(s) for said Election before the opening of the polls each morning that the polls are open beginning on February 20, 2018, and through March 2, 2018 (the last day of early voting).”

The Order of Impoundment also states that “After the closing of the polls on March 2, 2018 (the last day of early voting), the Election Official shall deliver those ballot boxes containing all of the voted ballots to the Transporting Officers, who shall transport those ballot boxes and deliver them to the custody of the Place of Safekeeping. Election Official shall retain the unvoted ballots and associated election material and deliver them to the Maverick County Democratic Party Chariman for distribution to the appropriate election officials for each polling place so that an appropriate number of unvoted ballots and associated election material will be available at the polling places before the polls open on March 6, 2018.”

The Order of Impoundment adds that “On March 6, 2018 the Transporting Officers are ordered to transport the remaining Election Materials including the boxes containing all the voted ballots and all the ballots received by mail from the Place of Safekeeping and deliver them to the Election Official by 1:00 P.M. at the site of the counting and tabulation of votes cast in the Democratic Primary Election for signature verification of ballots received by mail, consideration of provisional ballots, and the counting and tabulation of ballots.”

The Order of Impoundment continues stating “After the counting and tabulation of the ballots has taken place following the closing of the polls on March 6, 2018, the Election Official and/or his designees shall deliver the Election Material, including the voted ballots, to the Transporting Officers, who shall transport and deliver them to the Place of Safekeeping.”

In the event of a request for a manual recount or partial manual count of any and all ballots as mandated by the Texas Secretary of State by a candidate or the Election Official, the Transporting Officers shall transport the Election Material from the place of safekeeping to the location specified by the Election Official for the recount. Upon completion of any manual recount, the Election Offiial shall deliver the Election Material to the Transporting Officers, who shall return them to the place of safekeeping.

The Order of Impoundment concludes by stating “the Transporting Officers and the officers and employees of the Place of Safekeeping are ordered not to tamper with, open, or inspect the Ballots, Ballot Boxes, and Election Material or to allow any other person or persons to do so.  This Order of Impoundment applies to all the ballots and election materials for the polling places in Maverick County, Texas.”