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An investigation found no evidence of intent to influence 2022 election outcomes in Texas’ largest county, prosecutors announced Tuesday, but they will pursue criminal charges against a county employee who was allegedly working a second job while polls ran out of paper ballots.
Harris County District Attorney Kim Ogg’s review is one of several to scrutinize Houston’s last midterm elections, when problems at polling places prompted Republican candidates to contest defeats in local races and Republican Gov. Greg Abbott to sign a law removing the elections administrator in the county of more than 5 million residents.
Ogg, an elected Democrat, said during a news conference that her office and investigators with the Texas Rangers found no evidence that elections employees intentionally tried to sway the results. But she said the investigation found that the failures of one elections employee — whose job was to make sure polling locations had enough paper ballots — resulted in some voters being unable to cast ballots.
That employee, Darryl Blackburn, was not charged with any election-related crimes. Instead, he faces charges related to improperly claiming hours on his timesheets and filing for paid time off while secretly working a more lucrative outside job, including on Election Day as some polling locations ran out of paper ballots.
The most serious of six charges filed against Blackburn, theft by public servant, carries a potential sentence of up to 10 years in prison.
Blackburn's attorney said his client is not guilty and slammed the charges as politically driven.
“This case isn’t about the election — it’s about timesheets," Houston attorney Charles Flood said in a statement. "The Texas Rangers made clear that the evidence shows no intent or attempt to influence the 2022 election, so it seems Ms. Ogg’s only motivation is to try and claim my client as some sort of consolation prize.”
Ogg said the employee’s actions undermined voter confidence.
"It is clearly extremely important to look at these crimes in a nonpartisan way,” Ogg said.
Last year, an audit by the Texas secretary of state's office also found that race outcomes were not affected by the issues in Houston. But the report did fault county administrators for failures, including insufficient training for elections staff.
After the 2022 elections, Republican lawmakers effectively dismantled Harris County's elections office and turned the job back over to the county tax assessor and county clerk, which are both elected offices currently held by Democrats.
Harris County has been at the center of battles over voting rights and access in Texas in recent years. Democrats, who have expanded their victories in the county, have attacked new restrictions and state scrutiny over Houston's elections as politically motivated.
A Texas judge last year denied efforts by losing Republican candidates to overturn election results after the 2022 midterms. But he later ordered a new election in one race that was among the closest. That case remains pending on appeal.
