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Here’s how the Texas secretary of state’s resignation could complicate the midterm elections

Texas Secretary of State Jane Nelson’s only a few months before the November midterm election, which includes one of the most the state has seen in years, has some local election officials and voting rights advocates worrying the transition will complicate their ability to administer a smooth election.

“It’s the unknown, the uncertainty that is scary,” said Tandi Smith, the Kaufman County elections administrator. “Are we going to continue to receive guidance? Are we going to be ensured that we’ll be prepared for any coming changes? We just don’t know.”

Gov. Greg Abbott, a Republican, is required by law to appoint a new secretary as soon as possible. His office, in an emailed statement, said the new appointee would be announced “at a later date.”

Nelson, who has been the state’s chief election official for more than three years, announced in early June that she’d be stepping down from the role effective July 17. Nelson’s departure will happen just as election officials across the state are preparing in earnest for the November general election. In the summer months, they’ll be recruiting election workers, seeking polling locations, and processing voter registration applications, among other duties.

Some voting rights advocates say a new appointee may want to direct local election officials to change election procedures, reports, which could lead to chaos and confusion for voters. Although the secretary of state’s office has no law enforcement authority and can’t change the law, it can issue election law opinions on how to implement election and voting rules.

“If the new secretary of state has a laundry list of demands that election administrators can’t meet, that’s going to throw our elections into disarray,” said Emily Eby French, policy director at Common Cause Texas. French noted that there were three secretaries of state between 2017 and Nelson’s appointment in 2023, some of whom remained in the role only for about a year before resigning.

“I am very concerned that we are going to go back to that period of instability that we were in before Jane Nelson,” she said.

In the months leading up to the March primary election, county election officials across the state navigated challenges including a and , known as TEAM. The majority of counties in the state rely on the system, which was overhauled last summer by the secretary of state’s office, to manage elections and to maintain voter registration lists.

The Texas Association of County Election Officials has Nelson’s office in the past six months to act and resolve the problems. The secretary of state’s office has said that problems with a new version of the system were expected, especially given that the system handles the data of more than 18 million voter registration records. They’ve also said the situation was aggravated by the unexpected midcycle redistricting and problems with an outside vendor that forced some counties to suddenly add large amounts of data to the state system with little warning.

But despite these tensions, state election officials have consistently remained supportive of local election officials through politically tense periods and have maintained a nonpartisan approach when interpreting the law, said Chris McGinn, the executive director of the Texas Association of County Election Officials.

The agency has also often promoted the idea that county election officials are the election experts in each of their communities.

“There’s a fear that that could change to where the office is dictating how counties should operate with a more political approach,” he said.

Others, including some local election officials, are less concerned about top-down interference and say that a leadership transition in the office now won’t affect election officials’ ability to conduct a smooth election in November. That’s because ultimately, the election is handled by local officials in each of the state’s 254 counties.

Nelson’s sudden departure “shouldn’t have any noticeable impact on the ability of the election officials in Texas to run free and fair elections,” said Joshua Ferrer, an assistant professor of government at American University. Ferrer has done research .

“Even when officials leave, the replacements, and the staff that are still there are able to do an equally good job,” Ferrer said.

Smith, the Kaufman County elections administrator, said she’d like to see the incoming secretary of state advocate for more funding and resources for county election departments.

“Funding is something we’ve talked about for years,” Smith said, recalling when a tornado touched down in the North Texas county during the 2024 primary runoff election and her office had to scramble to ensure polling locations stayed open. “We want to be able to provide secure facilities for our voters and to make sure that there are no delays when there are storms of that nature, but funds are limited.”

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