Democrat contesting election in Texas border county alleges fraud

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(The Center Square) – A Democratic candidate for a Zapata County seat is contesting the results of the March primary election, charging she only lost because of duplicate ballots and illegally certified voters. But, she claims, if nothing is done soon it will be too late.

An Aug. 17 deadline is fast approaching to get on the Nov. 3 ballot. In the meantime, she requested help from the Republican-led offices of Secretary of State and Attorney General to investigate allegations of voter fraud.

A judge from Austin is presiding over the case after a Laredo-area judge recused himself.

Democrat Martha Morales, a Zapata ISD school board member who challenged incumbent Democrat Zapata County Judge Joe Rathmell, lost her primary election by 66 votes and argues she would have won if illegal voting hadn’t occurred.

“This election contest has never been about refusing to accept the outcome of an election,” she told The Center Square in an exclusive interview. “It has always been about ensuring that the outcome reflects the will of legally qualified voters and that the safeguards established by the Election Code are meaningfully enforced.”

Rathmell received 2,248 votes, or 50.69%, according to county records. Morales received 2,182 votes, or 49.31%. Morales then requested a recount.

A recount was conducted on March 18 and 25 during which multiple irregularities were reported, according to the lawsuit and signed affidavits reviewed by The Center Square. The Zapata County Democratic Party appointed the presiding judge over the recount. 

The lawsuit alleges ballots were counted that shouldn’t have been, the chain of custody of some ballots was compromised, including ballot bags that weren’t secure and could be opened. Ballots were “mixed up” in bags and improperly stored, early voting ballots from one precinct weren’t in a secure ballot bag, absentee ballots weren’t stored separately, a voting log was incomplete, a vault holding the ballots wasn’t secure, a precinct ballot bag was missing and multiple bags had broken seals that couldn’t be explained, the lawsuit and affidavits allege.

Additionally, Morales alleges 65 duplicate votes were identified and irregularities related to voter registration addresses and hundreds of assisted voters were also identified.

The irregularities resulted “in an election with a true outcome which cannot be ascertained, in violation of the Texas Election Code,” the lawsuit alleges. It asks the court to declare that “an election officer or officers personally involved in the election administration prevented eligible voters from voting, failed to count legal votes, counted illegal votes, and/or engaged in fraud and other illegal conduct or mistakes which made the true result unknowable.” It also asks the court to “declare that an election officer or officers personally involved in the election administration made [mistakes] substantial enough to affect the outcome of the election.” 

It asks the court to order a new election if “the outcome has been rendered uncertain by the unlawful activity and/or mistakes of any person in charge of administering the election.”

According to the lawsuit and affidavits filed, “the chain of custody of the ballots was compromised. Election materials were stored in a vault that was neither sealed nor monitored, and no camera surveillance was in place. The early voting bags displayed apparent signs of tampering. Although locked, the zippers could still be opened and the court was shown bags that appeared to have been penetrated with a sharp object.”

“These are not theoretical concerns. They are physical conditions personally observed and brought to the Court's attention, and they cast serious doubt on the integrity and security of the ballots,” Morales said. “Standing alone, each category of irregularity is troubling and should not be dismissed as isolated mistakes or explained as coincidence. Taken together, they reveal a pattern that strikes at the heart of election integrity.” 

According to Texas election code, ballots must remain secured and tracked through a documented chain of custody.

According to an affidavit signed by Zapata County Democratic Party Chair Dr. Diana Perez Brandon, voters with disabilities were harassed by a politiquera she alleges was hired by Rathmell’s campaign while attempting to vote. Another affidavit she filed details chain of custody concerns, including an unsecure vault, early voting ballots that didn’t appear to be in the vault and discrepancies with security seals. This raised “red flags when it comes to the security of the entire election process, which may very well compromise the integrity of the election since there are strict chain of custody and ballot security rules that govern how unvoted ballots, voted ballots and other election materials are stored, transported and handled,” Brandon said.

Neither Judge Rathmell nor the county clerk responded to requests for comment. 

In Rathmell’s response to the lawsuit filed earlier this year, he denied “generally every allegation contained in Contestee’s original petition and demands strict proof by clear and convincing evidence.” 

He also argued Morales’ lawsuit was filed too late, wasn’t based in law and was barred by a statute of limitations. His request for her petition to be denied was rejected.

Morales requested the SOS conduct a forensic audit, including a ballot chain of custody, physical examination and reconciliation of all voted and unused ballots, a review of ballot storage and transportation procedures, a forensic examination of voting machines and tabulation equipment, a review of security camera footage and courthouse access logs and interviews with election officials among others. This was not done. Morales said she received confirmation that her SOS complaint was referred to the Office of Attorney General.