Harris County to pay almost $500,000 in legal fees for former elections administrator

Photo: Michael Stravato for The Texas Tribune

HOUSTON, Texas — Harris County has agreed to pay nearly $500,000 in legal fees for Cliff Tatum, the former elections administrator, following a criminal investigation into the 2022 midterm elections.

During a brief executive session on Thursday, Harris County Commissioners Court decided to approve the payment, with a 4-1 vote in favor.

The only opposing vote came from Precinct 3 Commissioner Tom Ramsey. The reimbursement amounts to $493,092.

This payment follows a policy established by the Commissioners Court in 2022. The policy allows for the reimbursement of legal fees for employees investigated in a criminal matter related to their employment duties.

Documents list Ryan J. Meyer from the Dallas office of law firm Katten Muchin Rosenman LLP as Tatum’s attorney. Meyer did not provide any comments regarding the case.

The November 2022 election faced issues, including paper ballot shortages and other administrative problems at some polling locations. An audit conducted by the Texas Secretary of State’s office later identified “multiple failures” that affected the voting process.

In response to complaints from voters, former Harris County District Attorney Kim Ogg, along with the Texas Rangers, launched an investigation into the election.

The two-year probe led to one unrelated criminal case. Harris County employee Darryl Blackburn faces charges for falsifying employment time cards. The investigation found no evidence of fraud or election-related crimes, clearing Tatum of any wrongdoing.

Ogg stated that her office was legally required to investigate after receiving complaints about the election, primarily concerning the lack of paper ballots.

In March, Sean Teare defeated Ogg in the Democratic primary and took office as District Attorney on January 1. The district attorney’s office declined to comment on the ongoing case against Blackburn.

A spokesperson for the office confirmed awareness of the county policy and stated that they are evaluating the case to determine future actions.

Tatum became the county’s election administrator in July 2022. He was the fifth person to hold the position in five years.

The ballot paper shortages and the vote tally complaints prompted 21 losing GOP candidates to file lawsuits in an attempt to overturn the election results. A visiting judge upheld all but one of the election results, ruling that not enough votes were affected to change the outcomes.

The judge did overturn the results for the 180th state district court, citing that questionable votes exceeded the 449-vote margin of victory. Democratic incumbent Judge DaSean Jones appealed the decision, which would require a face-off against losing Republican challenger Tami Pierce.

Jones had also competed for the Texas Supreme Court last November but was defeated by Republican incumbent Jimmy Blacklock.

In 2023, the Republican-majority Texas Legislature passed a law eliminating Harris County’s election administrator’s office. The legislation transfers election duties back to the County Clerk and Tax Assessor offices.

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