Nueces County clerk: Mail-in voter fraud remains a concern

Nueces County Clerk Kara Sands had a blunt message for members of the commissioners court on Wednesday.

"Election fraud is real in Nueces County," she said. "There's a problem."

Sands gave a presentation to county commissioners to inform them of new legislation passed last year by the Texas Legislature. She focused specifically on Senate Bill 5, which enhanced penalties for those committing mail-in voter fraud (it is now a state jail felony punishable by up to two years in prison). The bill also expanded the definition of what constituted mail-in voter fraud.

Sands said her office was gathering documentation and other information to turn over to the Texas Attorney General's office related to reports of mail-in voter fraud in Robstown. That impropriety reportedly occurred in November 2017, as well as during a runoff election the following month.

"This is not a victimless crime," she said. "It affects several people."

Several individuals who previously ran for public office in Robstown addressed the matter to county commissioners. They claimed residents had reported they had been victims of mail-in voter fraud.

Gilbert Gomez, a retired Robstown police officer who ran unsuccessfully for the Pct. 5 Nueces County constable seat in 2008 and 2016, said he has received constant complaints from individuals who said they were intimidated or lied to when people offered to pick up or assist them in filling out a mail-in ballot.

"We noticed that the people who were being taken advantage were either elderly people, people that are disabled, people that are scared or intimidated and don't want to come forward," Gomez said. "They're scared. That's why it's easy for these people to prey on these (individuals) because they know that they're not going to come forward."

Cezar Martinez, a recently-elected member of the Robstown City Council, said he spoke to residents there after last year's city election and heard stories from them that concerned him.

"We had people that were going over to their houses and telling them, 'Sign here and we'll take care of the ballot for you,'" he said. "I just want to mention that mail-in ballot fraud is real, and I want to reiterate this — I keep telling everybody this — this is not a party issue, it's a people issue."

Hermilo Pena Jr., justice of the peace for Pct. 5, Place 2, said he has not been the victim of voter fraud in his more than 20 years in office, but he acknowledged being approached by those offering to sell votes in his favor.

"This is an organized group that is, in farmers' terms, cultivating and harvesting votes in large quantities," he said. "I was approached by a guy...and he said '$1,000, 250 ballots delivered to you.' I walked away from him, won't even entertain it. I can't even have one ballot in my hand that doesn't belong to me, let alone (250)."

County commissioners later applauded the individuals for speaking about their own experiences with suspected voter fraud, and said they would like to see more done to allow for greater enforcement of election rules by law enforcement. Right now, Sands and other county clerks must report directly to the Texas Attorney General, who handles the investigation and determines if charges are filed.

The process can take a while before charges are filed, and county officials wondered if it would be quicker to have local law enforcement issue citations first, similar to those given for speeding or other violations.

Pct. 3 County Commissioner John Marez also pointed out that while it was mostly Robstown residents and officials sounding off on mail-in voter fraud, it is was an issue that could be found across the county and state.

"It's not about one community," he said. "We can go into many different parts of this county, into many different parts of this area and the state that you will find people who are organized that way."