Officials fight Texas law that will only ever apply to Harris County elections, attorneys say

AUSTIN, Texas (KTRK) -- Harris County attorneys were in the 250th Civil Court Tuesday afternoon, along with Elections Administrator Clifford Tatum, asking Judge Karin Crump to issue an injunction.

The injunction would allow Tatum to keep his job, at least through elections, as fighting over the law that would abolish his position intensifies.

Senate Bill 1750 would eliminate Tatum's role, returning the powers to the county tax-assessor collector and clerk. They were in charge of elections before the county created Tatum's position in 2020.

Republican State Senator Paul Bettencourt authored the bill. Harris County Attorney Christian Menefee calls it the result of a "political vendetta." Attorneys for the state said it was created after issues with last year's elections.

According to county attorneys, 136 counties - approximately half of the state - have an elections administrator. However, the law only targets Tatum's role.

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The law only applies to counties with more than 3.5 million people - and Harris is the only county in the state to meet that criteria.

Population parameters in laws are not uncommon. However, Menefee argues what makes the law unconstitutional is that it applies only to counties with a population of more than 3.5 million on Sept. 1, 2023. Meaning, if other counties grow to 3.5 million, it will not impact them in the future.

"The Texas Constitution says you cannot pass laws that only apply to local government," Menefee said. "If they want to pass laws that are applicable to less than the entire state, there are certain rules that they have to follow, and one of those rules is the ability for other counties to become subject to the law at some point in the future. SB 1750 will only ever apply to Harris County."

Crump is expected to issue a ruling later this week.

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SEE RELATED: Texas House to vote on bill that gets rid of Elections Administrator only in Harris County

The bill was also originally drafted with a wider scope, however, it was narrowed to only impact counties with 3.5 million residents. Harris County is the sole county that meets that requirement.