In a significant legal move, some Dallas County Republicans have initiated a lawsuit against the county elections department, seeking to mandate that voters cast their ballots for the upcoming May 26 primary runoff at designated polling places within their respective precincts, rather than at any location across the county. This follows a chaotic primary election day in March, which was marred by confusion stemming from a similar countywide voting system.
The local party leadership is attempting to overturn a decision made by the former chair, Allen West, who resigned last week amid criticism for endorsing the use of countywide voting for the runoff election. However, with early voting set to commence on May 18, Dallas County election officials contend that it is too late to alter the established voting plan.
The lawsuit has been filed in the Texas Fifth Court of Appeals by Barry Wernick, a Republican precinct chair and candidate for Dallas County Commissioner District 2. Wernick argues that West exceeded his authority in agreeing to the countywide voting arrangement. The legal filing is supported by declarations from 31 party members, and the county party’s executive committee voted in favor of reinstating precinct polling places for the runoff.
Under the countywide voting system, voters have the flexibility to cast their ballots at any location within the county on election day. In contrast, a precinct-based voting approach would require voters to visit their assigned polling locations, although early voting would still be conducted at countywide sites.
Dallas County election officials are already heavily invested in preparations for the election. Nic Solorzano, a spokesperson for the Dallas County Elections Department, stated, “We’re going to continue preparing for the election under the contract that we have, which is the countywide vote center model, unless otherwise directed by a court.” He noted that preparations involve equipping over 200 election day locations and training thousands of poll workers, a massive effort that is already underway.
According to Solorzano, the election office has programmed voting equipment based on the countywide vote center plan, and has completed the required logic and accuracy tests mandated by state law. If the voting plan changes, these processes would need to be redone. Additionally, mail ballots have already been distributed, further complicating any abrupt changes.
Wernick’s attorney, Warren Norred, expressed skepticism about the county’s claim that it cannot easily change course. He criticized the county elections department for creating the current predicament, suggesting that they would have to convincingly argue to the court of appeals that a change would be unfeasible.
The previous primary election on March 3 saw Dallas County Republicans opting for a precinct-based voting system, a choice permitted by state law that also compelled county Democrats to follow suit. This decision resulted in significant confusion, with over 12,000 voters from both parties arriving at incorrect polling locations on election day.
In response to the chaos, West announced on March 17 that he had approved the use of countywide polling sites for the runoff election, citing concerns that utilizing precinct polling places would lead to “large-scale disruption.” He signed an amended contract for countywide vote centers on March 18, according to Solorzano.
The backlash against this decision ultimately contributed to West’s resignation. Following his departure, members of the Dallas County Republican Party pushed to revert to the precinct polling plan. Wernick’s lawsuit claims that the contract amendment signed by West lacks validity since it requires the approval of the party’s executive committee. The lawsuit seeks a court order for the county elections department to adhere to the original contract, which stipulates that voters must vote at assigned precincts.
Wernick’s court filing asserts that West’s signing of the amendment “directly contradicted the authority given to him… regarding the election process.” West has chosen not to comment on the matter.
