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Election Fraud Allegations in Comal County

Election Fraud Allegations in Comal County

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Two men, charged with election fraud in Comal County related to a 2022 bond election, contest charges based on a controversial interpretation of Texas election law.

In a developing election fraud case in Comal County, two men, Christopher Williams and Kelly Michael Leach, are facing charges tied to a bond election for the Canyon Ranch Municipal Utility District (MUD) that occurred on May 7, 2022. The two men were charged nearly two years later, on February 12, 2024, with violating Texas Election Code Section 276.013(b), which prohibits knowingly making efforts to influence votes under false pretenses.

The charges allege that Williams, encouraged by Leach, unlawfully registered to vote using an address within the MUD, even though the property was undeveloped and Williams was allegedly not living there. The prosecution claims this was done to cast a vote in favor of the bond proposal and to elect MUD board members, ultimately influencing the outcome of the election. However, a report from the Comal County Sheriff’s Office, which was released before any charges were brought, contains alleged statements from local election officials that suggest the actions of Williams and Leach may have been viewed as lawful at the time.

The Election Coordinator’s Alleged Statements

A central element of the case involves Comal County Elections Coordinator Cynthia Jaqua, whose alleged statements were included in the sheriff’s office report. The report, which was released before charges were filed, references an interaction between the sheriff’s office and Jaqua. In this interaction, Jaqua allegedly informed the investigating detective that the practice of setting up temporary housing—such as an RV—on undeveloped land for the purpose of voting in a MUD election was not uncommon and was generally considered legal in Comal County. It is alleged that Jaqua indicated this practice was permissible as long as the property owner had granted permission.

Jaqua allegedly further noted that Williams had been hired by attorneys representing the Canyon Ranch developer to establish a temporary residence on the land. Based on this arrangement, Williams’ voter registration was allegedly deemed legitimate, and he was viewed as eligible to vote in the May 2022 MUD election. According to the sheriff’s office report, this information led the investigating detective to conclude that no criminal offense had occurred, and the case was initially closed.

Despite the report’s findings, the Comal County District Attorney’s Office revisited the matter and filed charges nearly two years later, basing their case on provisions of Senate Bill 1111, which came into effect on September 1, 2021, amending voter residency requirements in Texas.

Both Williams and Leach have contested the charges. On August 27, 2024, Leach’s legal team filed a writ of habeas corpus, arguing that the charges are based on an unconstitutional interpretation of Senate Bill 1111.

Senate Bill 1111 amended Texas Election Code Section 1.015(b), prohibiting individuals from establishing a residence solely for the purpose of influencing the outcome of an election. Leach’s defense argues that this law is vague and restricts constitutionally protected political participation. The defense has referenced a September 2022 federal court ruling in Texas State LULAC v. Elfant, which struck down portions of Senate Bill 1111 as unconstitutional. Although that ruling was overturned on procedural grounds, the defense maintains that the law remains problematic and cannot justly be applied in this case.

Timeline of the Case

The Canyon Ranch MUD bond election was held on May 7, 2022, resulting in the approval of a bond proposal to fund water, wastewater, and drainage facilities for the subdivision. After the election, concerns were raised about the legitimacy of certain votes, including those cast by Williams and Leach. This prompted an investigation by the Comal County Sheriff’s Office, which was initially closed after Jaqua’s alleged statements suggested that the actions were lawful at the time.

However, the case was reopened almost two years later, with the Comal County District Attorney filing charges on February 12, 2024. Williams first appeared in court on March 9, 2024, where he was released per the judge. Leach posted bond on March 12, 2024, and both men waived formal arraignment.

As the legal proceedings continued, Leach’s defense team filed a writ of habeas corpus on August 27, 2024, challenging the constitutionality of the charges. The next status hearing, scheduled for October 21, 2024, is expected to address these constitutional claims.


Disclaimer

The content provided in this publication is for educational and informational purposes only. The Hawk’s Eye – Consulting & News strives to deliver accurate and impactful stories. However, readers are advised to seek professional legal counsel and guidance for their specific legal inquiries and concerns. The publication does not assume any responsibility for actions taken by individuals based on the information presented.

Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.

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