TRAVIS COUNTY, Texas — A Travis County judge has sided with Harris County, blocking a bill that would eliminate the elections administrator position.
Senate Bill 1750, which was passed this year during the legislative session, abolishes the Harris County Elections Administrator's Office. It’s set to take effect Sept. 1, but a judge has put a hold on it.
Harris County Attorney Chris Menefee calls it a win for the county, though he said it's not over as the State of Texas has already filed an appeal.
Editor's note: Video above is from last week before the ruling
The Office of the Attorney General on Tuesday filed an appeal directly to the Texas Supreme Court in Harris County v. State of Texas, The office released the following statement:
The Office of the Attorney General (“OAG”) today filed a Notice of Accelerated Interlocutory Appeal directly to the Texas Supreme Court under Texas Government Code section 22.001(c) in Harris County v. State of Texas et al. An Austin judge’s ruling attempted to block the operation of SB 1750, a law passed to ensure that elections in the State’s largest counties are properly managed by individuals who are accountable to the voters, not by unaccountable bureaucrats. This filing stays the trial court’s ruling pending a decision by the Texas Supreme Court under Texas Civil Practice and Remedies Code Section 6.001(b) and Texas Rule of Appellate Procedure 29.1(b). SB 1750 is still scheduled to take effect Sept. 1.
SB 1750 was signed into law this year after Harris County experienced multiple problems administering its elections, an issue that puts the integrity of Texas elections at risk and can undermine public trust in the political system by endangering the critical guarantee that every vote will be fairly counted. The law eliminates the Elections Administrator position in Harris County—an appointed position—and returns those powers to the Tax Assessor-Collector and the County Clerk, which are elected positions.
Harris County sued to enjoin the operation of SB 1750 on the grounds that it was an unconstitutional “local law” under Article III, section 56 of the Constitution. The OAG maintains the legislature had a reasonable basis for the law: Harris County is the most populous county in Texas, and, as such, has an outsized statewide impact on elections, a consideration enhanced by the county’s past significant difficulty with election administration.
Harris County believes the new law is unconstitutional, saying it will only ever target one county.
“The Texas Constitution says you cannot pass laws that only apply to local government. You can’t pass what’s called a local law. The legislators have to pass laws that are applicable to the entire state," Menefee said last week before the ruling.
Menefee said an injunction will keep the law from disrupting the upcoming November election.