The 1st Amendment and 14th Amendment of the U.S. Constitution guarantee a right to a secret ballot
(Houston, TX) – November 13, 2024: The Public Interest Legal Foundation (PILF) filed a federal lawsuit against Harris County for violating voters’ right to a secret ballot. The county’s voting system allows many ballots to be tracked back to the individual voter in violation of the 1st and 14th Amendments of the U.S. Constitution.
THE PROCESS OF LOOKING UP A VOTER’S BALLOT
To look up how many people voted, all election officials or even members of the public merely need public information from Texas voting centers and the ballots cast by specific voters. Under Texas law, all these documents are available to the public.
The poll books record where and when people vote. The ballot indicates the time of the vote and the precinct to which the voter belongs. For example, the electronic poll book says voter John Doe, from precinct 1 voted at vote center 1 at 2:15 on the first Tuesday of early voting. Then, a ballot cast at 2:16 from a voter in precinct 1 at vote center 1 is easily traced back to voter John Doe.
PUBLIC OFFICIALS WHOSE BALLOTS HAVE BEEN REVEALED
Public officials including judges, reporters, and election officials whose ballots have been revealed include:
- Court of Appeals Justices for the Fifth District: Bonnie Lee Goldstein, Erin E. Nowell, former Justice William Whitehill
- US Congressmen and former US Senate Candidate Colin Allred
- Dallas County Judges: Dominique Collins, Martin Hoffman, Eric Moye, Mary Brown, Nancy Purdy, Tonya Parker
“The secret ballot is a cornerstone of political privacy and is protected by the 1st and 14th Amendments of the Constitution,” said PILF President, J. Christian Adams. “Harris County voters have a right to cast a ballot without their friends and neighbors knowing who they voted for. Protecting the secret ballot is fundamental to the integrity of the electoral process.”
WHY THE SECRET BALLOT MATTERS
Privacy is essential in a democratic republic where certain political opinions may be unpopular or where voters may face repercussions for their choices, such as ostracism, extortion, bribery, or even losing their jobs. The secret ballot enhances the integrity of our elections in three simple ways.
- VOTER AUTONOMY: By ensuring that votes are cast in private, individuals can express their political preferences without fear of retribution or social pressure.
- ELIMINATE CORRUPTION: Voter confidentiality enhances the integrity of elections by reducing the opportunities for coercion and vote buying. Candidates must appeal to voters based on their policies and character rather than through vote buying, bribery, or corrupt manipulation.
- BOOSTS VOTER TURNOUT: When people know that their votes are private, they feel more confident in participating in the electoral process
The Foundation is representing Kenneth Zimmern, William Sommer, and Caroline Kane. They are all Harris County voters.
The attorneys for PILF in this case are J. Christian Adams and Joseph Nixon.
Case filings and documents in Zimmern v. Harris County can be found here.
Public Interest Legal Foundation (PILF) is the nation’s only public interest law firm dedicated wholly to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections. PILF has brought lawsuits and won victories in Texas, Mississippi, North Carolina, Virginia, Maryland, Pennsylvania, Michigan, and across the United States.
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For media inquiries, please reach out to Lbowman@publicinterestlegal.org