by Adam Russell
WINONA (
Tyler Morning Telegraph) - An investigator from the Texas Attorney General's Office interviewed three individuals regarding allegations of illegal votes cast during a May local option beverage election.
Last week, Sgt. Al Cavalier, the investigator, interviewed two of seven alleged illegal voters and Winona City Manager James Bixler about circumstances surrounding the case, Bixler said. The attorney general's office would not comment on the ongoing investigation.
Smith County Precinct 4 Constable John Smith said his office received complaints regarding illegal voting after the election.
Smith took sworn statements from several individuals who are seeking prosecution of an individual they said voted in the city election but did not live within the city limits. All information gathered by Smith was turned over to the attorney general's office, Smith said. He said he has not heard from the investigator in the case.
Allegations of illegal votes surfaced after the May 9, 94-94 defeat of Proposition 1, to legalize the sale of all alcohol, including beer, wine and liquor, within the city limits for off- premise consumption. Current law does not change in the event of a tie, according to state election code.
A civil complaint asking for the dismissal of all ineligible votes from the official canvas was denied by an assigned judge and another election was held in November. The proposition passed during the November election by a vote of 124-106 or 54 to 46 percent.
The criminal complaint could lead to prosecution by the attorney general, Smith said. According to election code, voting illegally is a third-degree felony while attempting to vote illegaly is a Class A misdemeanor.
A third degree felony could result in two to 10 years in prison or probation and up to $10,000 in fines. A Class A misdemeanor could result in probation or up to one year in jail and a $4,000 fine.
Attorney Ken Good, who represented four voters during the civil proceedings, said he has not been informed of any developments in the case.
