In the case, filed in December, Harris County argues it should be able to reject requests...
Harris County Attorney Christian Menefee speaks during a press conference Wednesday, June 23, 2021 in Houston.battling Texas Attorney General Ken Paxton's office
The Texas Election Code, in keeping with the Civil Rights Act of 1960, bars officials from releasing anonymized completed ballots for 22 months after an election.There has been a longstanding consensus that those election records are confidential during that period, according to Harris County Attorney Christian Menefee.
Chad Dunn, a longtime election lawyer based in Austin, said Harris County is doing the right thing by seeking a court ruling. The Texas Public Information Act includes that exemption to prevent the public from misinterpreting information before a case has had its day in court, which is particularly important when the litigation involves election misinformation, Menefee said.
"The 'litigation exception' should be repealed," Aleshire said."Harris County can legally disclose information related to litigation — it is not 'confidential' information — and it makes absolutely no sense to withhold records from public disclosure just because the government is involved in litigation. Some would say that when the government gets sued, it’s even more important for the public to see all records related to that lawsuit.
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