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Voting rights activists warn Collin County move to hand-marked ballots will cause issues

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Collin County commissioners recently voted to move from electronic voting machines to hand-marked paper ballots. Voting rights activists say hand-marked ballots have more room for error.

Collin County's plans to move to hand-marked paper ballots is getting pushback from a bipartisan voting rights group that warns the change will lead to inefficiencies and inaccuracies.

The Collin County League of Women Voters and The Texas Civil Rights Project have sent county commissioners a letter urging them to reconsider their June 9 vote to move to hand-marked ballots. The voting rights groups warn hand-marked ballots could lead to long lines, human error and distrust in elections.

The county currently uses electronic voting machines that print out a ballot with a barcode for tabulation.

Commissioners voted unanimously to approve contracts for new equipment for hand-marked paper ballots at Monday鈥檚 meeting after hearing from members of Collin County League of Women Voters and the Collin County Citizens Defending Freedom chapter, which has advocated for paper ballots in commissioners court for years.

New Mandate

Commissioner Susan Fletcher said moving to hand-marked paper ballots complies with an from President Donald Trump. The order requires voting systems to not use ballots that use a barcode to help count votes except when accommodating voters with disabilities.

Nineteen states have challenged the executive order , arguing that it will create barriers to voting.

Commissioner Duncan Webb said Collin County elections administrator Kaleb Breaux and Collin County administrator Yoon Kim had a call with a representative from the Texas Secretary of State鈥檚 office regarding the executive order. Webb asked Breaux if the county鈥檚 move to hand-marked ballots complied with guidance from the Texas Secretary of State.

Based on their recommendation and guidance, I believe that we as a county are moving in the direction based on the recommendation,鈥 Breaux answered.

He said he and other county elections administrators are awaiting further guidance and clarifications from the U.S. Elections Assistance Commission, which has a meeting scheduled for July 2.

Sarah Chen, a supervising attorney for voting rights at the Texas Civil Rights Project, said President Donald Trump doesn鈥檛 have the authority to require changes to voluntary voting system guidelines with an executive order.

鈥淭here's not an excuse, I think, that Collin County can say 鈥榳e had to do this,鈥欌 she said. 鈥淚t is it is a policy choice that the commissioners court has made.鈥

Collin County Judge Chris Hill first proposed switching the county鈥檚 voting method last year ahead of the 2024 November election. Commissioners heard hours of public testimony urging them to make the change at that meeting, but it failed to pass due to concerns about time and budget. Instead, the commissioners directed staff to look into using paper ballots in the future.

Election fraud claims about the 2020 election repeatedly have been discredited. But members of the Collin County chapter of Citizens Defending Freedom, many of whom are also active in the local Republican Party, have spoken about election integrity concerns at Collin County commissioners鈥 court meetings for years.

Collin County went for Trump in 2020 and every other Republican on the ballot. The county's election administrator answers to the all-Republican commissioners court. And the Texas Secretary of State鈥檚 Office has said Collin County鈥檚 elections are secure in its audit of the 2020 general election. called Collin County 鈥渢he model of how to run elections in Texas.鈥

Abraham George, who is now the Texas State Republican Party Chair, told 四虎影院 while he was the Collin County Republican Party chair the precinct chairs spoke as individuals at the meetings, not on the party鈥檚 behalf. He also said although there were issues in other parts of the country, there was no election fraud in Collin County in 2020.

鈥淲e know we didn鈥檛 have any fraud,鈥 George said. 鈥淲e won every race.鈥

Liz Holland, the president of the Collin County League of Women Voters, said the move to hand-marked ballots is unnecessary.

鈥淭here are no problems here,鈥 Holland said. 鈥淭here is no reason for this change. And so it's very concerning that we're going to go to hand-mark ballots, because hand mark ballots introduce human error.鈥

Hand-marked ballots use a scanner that records candidates voters select by filling in a circle next to their names with a pen. Holland said even a single mark in a bubble could lead to an error in the scanner when the vote is counted.

Chuck Reynolds, a frequent commenter on election integrity at Collin County commissioners鈥 court, said at Monday鈥檚 meeting hand-marked paper ballots allow people to verify their votes are correct.

鈥淲ith respect to the barcode translation, citizens cannot verify, 0% verified,鈥 Reynolds said. 鈥淚t鈥檚 scary, the whole election counted by barcode.鈥

Holland said the machines Collin County are pre-tested and certified before elections to ensure accuracy. She said members of both the Democratic and Republican parties are involved in the process.

Holland said the concerns about bar codes are based on misinformation.

鈥淚t's absolutely ridiculous that someone would say the barcode is misrepresenting their vote,鈥 she said.

Collin County鈥檚 plan doesn鈥檛 completely eliminate voting machines 鈥 the hand-marked ballots will still be counted by a machine. Chen said she worries moving to hand-counted ballots could be next.

鈥淲hen hand-counting is implemented, it is an absolute nightmare and does result in inaccuracies and delays and is absolutely counterproductive to the stated goals of the people that are advocating for it,鈥 Chen said.

Open Discussion

The letter from the Collin County League of Women Voters and the Texas Civil Rights Project alleges that the commissioners violated open meetings law when they moved to hand-marked paper ballots for future elections at the June 9 meeting.

Holland said the commissioners violated the Texas Open Meetings Act by not clearly outlining the issue at hand in the meeting鈥檚 agenda.

鈥淚t was done without any transparency or discussion open to the public,鈥 she said.

Commissioners argued the vote was a formality ahead of Monday鈥檚 meeting and did not violate open meetings requirements.

The for the June 9 vote on the switch to hand-marked paper ballots on June 9 was a contract renewal for machine maintenance for the elections software and hardware support under the meeting鈥檚 consent agenda. Chen said consent agenda items are usually uncontroversial. She said the agenda item was misleading.

鈥淭hat phrasing of a maintenance contract with new authorization makes it sound like the information system, the election systems, were going to be the same as in previous years,鈥 Chen said.

Commissioners voted on switching to hand-marked paper ballots after an executive session away from the public. Hill said after the executive session meeting on June 9 they didn鈥檛 take action during executive session. Hill then made a motion to adopt hand-marked paper ballots for the upcoming November election and to direct staff to present a plan for implementation by June 23.

Chen said voters in Collin County weren鈥檛 given the opportunity to have their voices heard on the move to hand-marked ballots.

鈥淲e truly don't know all the different considerations, and nor were people able to take the time to do the research and testify and try to reach their public officials about this decision,鈥 she said.

The letter from the voting rights groups urged county commissioners calling to vote against the contracts for hand-marked ballots and to reconsider their vote on moving to paper ballots 鈥渋n a public meeting with sufficient public notice and opportunity to comment.鈥

At Monday鈥檚 meeting, commissioners said the vote on June 9 directed staff to prepare contracts and information to make the switch, not implement the change. Hill said commissioners want to hear from the public on issues.

鈥淭oday, the posting was sufficiently clear and there's been sufficient information so that folks know that we're continuing the conversation today,鈥 he said. 鈥淪o I'm glad you're all here so that we can do this together so that can continue to hear from you.鈥

Chen said she appreciated the commissioner鈥檚 openness to discussion but said their argument that the June 9 meeting was compliant with open meetings law doesn鈥檛 hold up.

鈥淚 do not think that it holds water,鈥 she said. 鈥淓ven the folks in the room who were advocating for this move to hand-marked ballots, they applauded the commissioners鈥 court for taking the vote and taking that motion to adopt hand-marked ballots on June 9.鈥

Chen said the Texas Civil Rights Project had no comment on whether or not the organization would be filing a lawsuit under the Texas Open Meetings Act.

Got a tip? Email Caroline Love at clove@kera.org.

四虎影院 is made possible through the generosity of our members. If you find this reporting valuable, consider today. Thank you.

Caroline Love is the Collin County government accountability reporter for 四虎影院 and a former Report for America corps member.

Previously, Caroline covered daily news at Houston Public Media. She has a master's degree from Northwestern University with an emphasis on investigative social justice journalism. During grad school, she reported three feature stories for 四虎影院. She also has a bachelor's degree in journalism from Texas Christian University and interned with 四虎影院's Think in 2019.