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County Attorney asked for AG opinion on the use of rented voters- will he or won’t he?

In an update to a series of articles reported in November, BJP received a copy of an as now undated letter asking Montgomery County County Attorney J.D. Lambright to obtain an opinion on the use of rented voters to confirm the establishment of Municipal Utility Districts by election in Montgomery County from Attorney General Ken Paxton

In his letter to Lambright, Montgomery County Hospital District board member Robert “Bob” Bagley cited temporary voters who established residence under the Texas Election Code using temporary trailers MET the residency requirements of the Election Code when they voted in three 2015 municipal utility district elections–

From Mr. Bagley’s letter:

“The Secretary of State has advised that temporary voters who establish residence under the Election Code using temporary trailers in three 2015 MUD confirmation elections met the residency requirements of the Election Code when they voted in these local elections.”

YET

“this advice appears to conflict directly with the decision of the Texas Attorney General’s Office to file third-degree felony charges against James Jenkins, Adrian Heath, Cybil Doyle, Roberta Cook, and Bill Bernson in a voter fraud case.’ known as the RUD 7.”

Commenting on the use of voters recruited and managed by Stingray Services Inc. to participate in three confirmation elections for Montgomery County MUD NO. 142, Montgomery County MUD No.148 and Conroe Municipal Management District No.1, Bagley emphasizes the following in his letter:

“This appears to be the free exercise of political activity under the United States Constitutional provision authorizing the rights to “free speech and assembly.”

One couple recruited by Stingray has been used in two such elections in recent years. That all voters used a common mailing address belonging to Stingray Services (which was not their designated homestead), has not called into question the legality of their votes, which seems to conflict directly with the contentions of the Attorney General’s prosecution of the RUD voters who’s mailing addresses, income cases, included houses which they claimed as homesteads in filings with the County Appraisal District.”

Bagley also brought up the reported ten law enforcement officers known to claim Montgomery County Judge Craig Doyal’s office as their residence for voting purposes, none of whom have been prosecuted by the Attorney General’s office for “illegal voting”:

Along the same line, ten law enforcement officers are known to be claiming the Montgomery County Judges office as their residence for voting purposes and none has been prosecuted by the Attorney Generals’ Office for “illegal voting” under the Election Code as the RUD voters have been.”

Source: County Citizen

The official sanction and permitting of a “Temporary Voter Trailer” by the City of Conroe for use as a voter residence was also raised by Bagley.

Bagley’s request to Lambright seeks an Attorney General opinion on the following questions:

  1. When private companies recruit voters on behalf of developers to confirm MUD elections and issue millions of dollars worth of public bonds in Texas, does that violate the definition of “residence” under the Texas Election Code?
  1. Does the United States Constitution allow a person to establish a “residence for voting purposes” in the State of Texas using a temporary voter trailer or by renting a room at a Residence Inn?
  1. Does the County Attorney have the jurisdiction or authority to prevent a law enforcement officer from claiming a government office as their residence for voting purposes?

You can read Bob Bagley’s letter here. MUD_RUD Voter Eligibility(1).pdf

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