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Ballot concerns arise but are soon fixed

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Ballot

By Emily Banks Wooten
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A mapping oversight caused some confusion at the polls this week that could have affected both the Chester ISD school board election and the Corrigan-Camden ISD bond issue election had it not been discovered and rectified.

While Chester ISD is primarily located in Tyler County, a portion of the district extends into Polk County, and as such, residents of that portion of the school district vote in Polk County. Voters in the Chester ISD will elect four school board members in the election.

Just a little to the east, voters in the Corrigan-Camden ISD will go to the polls to vote “for” or “against” two propositions in a bond issue election.

Proposition A is “The issuance of $21,490,700 of bonds by the Corrigan-Camden Independent School District for school facilities (and any necessary or related removal of existing facilities), and the purchase of any necessary sites for school facilities, and the levying of a tax in payment thereof. Required statement for all school district bond propositions pursuant to Section 45.003, Texas Education Code: This is a property tax increase.”

 Proposition B is “The issuance of $3,675,200 of bonds by the Corrigan-Camden Independent School District for stadium facilities, and the levying of a tax in payment thereof. Required statement for all school district bond propositions pursuant to Section 45.003, Texas Education Code: This is a property tax increase.”

Polk County Tax Assessor-Collector Leslie Jones Burks, who also serves as the county’s voter registrar, said she dealt with the appraisal districts in both Polk and Tyler counties and that it took her all of one afternoon and all of one morning, but that she got it fixed.

“I wasn’t going to let it go until I got it fixed,” Jones Burks said.

Chester ISD Superintendent Dr. Paul Drake agreed.

“It was brought to my attention by a concerned citizen that when he went to vote, he was unable to vote for the Chester School Board, but was able to vote on the Corrigan bond issue. I understand he told them this was a mistake and they said they would void it and he would have to do a provisional ballot. I spoke to Leslie Jones Burks. We were told it only affected three people that live on McKnight Lane and they have fixed those.

“I’m not overly concerned because I was told it was corrected and fixed and such a small grouping. If it was a larger grouping, that would be different. The concerned citizen that came to me, I don’t know if it was fixed on the same day or the next day, but I was told it was fixed. I don’t know if he ended up with a regular ballot or a provisional ballot,” Drake said.

McKnight Lane is an offshoot of the Barnum Loop between Corrigan and Chester.

“I know the gentleman it affected,” Jones Burks said. “He owns all three houses on the road. He lives in one and the other two are rentals.

“When I received my information from the mapping department, it had them (the three houses in question) in the Corrigan school district. I knew that was wrong, so I contacted the appraisal district. They were paying school taxes to Chester. The pictometry was wrong in Polk County. His property is the county line,” Jones Burks said.

Pictometry is a patented aerial survey technique for producing oblique georeferenced imagery showing the fronts and sides of buildings and locations on the ground. Photos are captured by low-flying airplanes, depicting up to 12 perspectives shot from a 40-degree angle, as well as an overhead view of every location flown.

According to Jones Burks, not everyone can go online and look at the pictometry, only those with passwords.

“The layer was incorrect on the pictometry, but was correct on the regular mapping,” Polk County Chief Appraiser Chad Hill said, emphasizing, “Our maps are used for appraisal district business only.”

In Polk County, the tax assessor-collector has always served as the voter registrar and was responsible for disseminating the voter registration cards while the county clerk and her staff have run the elections. However, that will change effective Jan. 1, 2023.

An order transferring voter registration duties from the tax assessor-collector to the county clerk was approved by the Polk County Commissioners Court during its regular meeting June 14.

  “We met, Commissioner Purvis (Precinct 3 Commissioner Milt Purvis) and myself, with (County Clerk) Shelana Hock and (Tax Assessor-Collector) Leslie Jones Burks and discussed combining the two instead of having them split and Shelana has very graciously agreed to consolidate those services in her office,” County Judge Sydney Murphy said, emphasizing that the change would not be made prior to the November election.

When asked she is relieved to no longer have the responsibility that comes with being voter registrar for the county, Jones Burks said, “It was hard for me. It was very hard. I’ve worked in that office for 31 years. Bob Willis hired me.”

It is hoped that having all election-related activity handled by one office will eliminate some of the issues that have plagued Jones Burks’ office in recent years.

Several residents from the Midway Loop attended the May 24 meeting of the Polk County Commissioners Court, with two of them addressing the Court during the public forum. Their concerns were that when they voted in the March 1 primary election, they were able to vote in the race for Precinct 4 commissioner. However, when it came time to vote in the May 24 runoff election for Precinct 4 commissioner, they were unable to and were told they were in Precinct 3. Some were allowed to vote provisionally, but others were not given that opportunity.

The confusion was the result of precinct boundary lines being changed in the fall of 2021 following the decennial redistricting that occurs when new population numbers are revealed based on the Census. Redistricting is the process of dividing or organizing an area into new political districts and the purpose of redistricting is to establish and maintain voting districts that are faithful to the principle of one-person, one-vote.

Several members of the Court, as well as the audience, expressed concern regarding people being able to vote in the primary but not in the runoff. One referred to it as “unintentional election-tampering” and others questioned the legality of it.

In January of 2022 it was discovered that a number of newly mailed voter registration cards were incorrect, predominantly affecting citizens in Precincts 1 and 4.

According to 2020 Census figures, Polk County gained 10.4% in its population since the last accounting in 2010, up from 45,413 to 50,123. The Austin firm of Allison Bass & Magee LLP—which serves as general counsel for the Texas County Judges and Commissioners Association of Texas and as litigation counsel for the Texas Association of Counties—was retained by the county to assist in examining the data and developing a redistricting plan for the county.

Texas Law allows a deviation in commissioners’ precincts of up to 10% before boundaries are required to be redrawn and Polk County was over—in total—by 30.66%. Precinct 1 was 18.26% higher than the ideal population and Precinct 3 was 12.4% below the ideal, so a shifting of boundaries had to occur.

“We had eight different maps sent to us from Allison Bass. We got the last one the day before we were out for Christmas. I was just hoping and praying I put everyone in the right one. While everyone else had four days off for Christmas, I was off Christmas Day only because I was at the office dealing with maps. I was hoping and praying it would all work out,” Jones Burks said.

At the time, Jones Burks said if anyone had questions, they could call her office and she could look it up on a spreadsheet and tell them which precinct they were in.

In October of 2016, both the Polk County Enterprise and Livingston ISD each received complaints from voters who said they were unable to cast votes for school board positions. In response to the large number of calls, LISD issued the following statement from Superintendent Dr. Brent Hawkins: “The district has heightened concerns from the reports that we are receiving because it is our goal for the voice of the community to be heard. We have a joint elections agreement with the county, and we stand ready to do anything we can to aid in the resolution.”

A letter dated Oct. 27, 2016 that was addressed to Polk County voters from County Clerk Schelana Hock referred to an error in the school district voter database that was provided to her office that resulted in voters living in the Livingston ISD not being shown as eligible to vote in the LISD School Board election.

“If there is a problem with your ballot you should let an election worker know and we can help, but only if you say something before finalizing your ballot,” Hock said.

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Inmates escape

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Inmates Escape

By Brian Besch

Two inmates escaped after contract prisoner transport buses were pulled to the side of Highway 190 just east of FM 1276 Friday afternoon.

Initial reports were that two transport buses were on the side of the road, repairing one that had a flat tire, while two inmates escaped, assaulted one of the guards, took a weapon and ran into the woods, according to Polk County Sheriff Byron Lyons.

“They ran from the bus, and while doing so, got a weapon away from an officer and knocked him down and ran into the woods,” Lyons said. “We had backup and support officers from the DPS, district attorney's office, (Alabama-Coushatta) Indian Reservation Police Department, and several different agencies that responded. TDC dogs were on standby, but a short time after we arrived on the scene, we got the first subject in custody. The second subject, who was in possession of the firearm, was actually caught a half a mile from here, where he'd run off into the woods and ran up on a homeowner. The homeowner found him and held him there until DPS got there and took him into custody. By the grace of God, this incident was able to be brought under control in just a matter of 30 or 40 minutes without any injuries.”

The sheriff said one of the inmates had taken a pistol, but it is still unclear whether that was taken from a secured location or off the officer’s person.

Lyons said it has been a while since anything like this has occurred. He said the situations are possible because there are so many fluid, moving parts. The sheriff commended his department for being prepared, well-trained within the county, and working together to respond in a decent amount of time.

The two individuals will face charges for escaping and could face further charges once the investigation is completed

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Signs Placed

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signsplaced1

Identical signs were spotted at four different locations in Livingston Thursday, depicting a man in an orange jumpsuit with the words “Randy Wayne Maze pedophile alert.” According to the Polk County Jail report, Maze was booked on Oct. 28, 2020, on charges of indecency with a child with sexual contact. Courtesy photos

signsplaced2

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Nacogdoches man arrested for sexual assault of child

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A Nacogdoches man has been arrested and is now out on bond from charges of sexual assault of a child.

Polk County Sheriff’s Office detectives immediately initiated an investigation after receiving a report in July of sexual assault of a minor. 

It was determined that the juvenile victim was sexually assaulted by Timothy Allen Long, 38, of Nacogdoches. During the course of the investigation it was also determined that there have been other victims associated with Long. Subsequent to the investigation, a warrant was obtained for Long’s arrest. The arrest occurred on Saturday, and Long is currently out on bond.

Those with information that will assist with an investigation are asked to contact the sheriff’s office and speak to a detective at 936-327-6810. To remain anonymous, tipsters may contact Polk County Crime Stoppers, at 936-327-STOP.

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Tribe invites Governor Abbott to visit - Governor, nor staff, respond

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From Enterprise Staff

The Alabama-Coushatta Tribe of Texas wants Governor Greg Abbott to visit the tribe’s reservation east of town on Hwy. 190 to learn more about the tribe’s role in East Texas. However, the governor and his staff have been unresponsive to the tribe’s invitations.

actribe logoThe governor has not shown support for Naskila Gaming, the electronic bingo facility the tribe operates on its reservation that provides jobs to some 700 East Texans. Additionally, he has paid little attention to more than 15,000 Texans who have written and submitted letters to his office urging him to support Naskila Gaming and the vital role it plays in the East Texas economy.

In a June 2022 decision, the U.S. Supreme Court issued its opinion in Ysleta de! Sur Pueblo v. Texas, holding that the Alabama-Coushatta Tribe and Ysleta del Sur Pueblo (Pueblo) of El Paso can offer bingo free from the State of Texas’ gaming regulations. In so doing, the Court overturned a 1994 Fifth Circuit Court of Appeals decision that said the Pueblo and Tribe were not permitted to offer gaming under the Indian Gaming Regulatory Act (IGRA) and that the gaming laws and regulations of Texas applied to tribal lands. Although the state had argued for years that the two tribes could not offer electronic bingo, the Supreme Court ruled that electronic bingo was permissible because state law does not prohibit bingo. The following month, the Texas Attorney General’s Office formally withdrew its intention to appeal a similarly decided case in a Beaumont-based federal court.

Still, the Alabama-Coushatta Tribe of Texas has long sought to be treated like more than 200 other federally recognized tribes currently offering gaming under IGRA, including the Kickapoo Traditional Tribe of Texas. In recent years the U.S. House of Representatives has repeatedly passed legislation that would ensure the tribe is governed under IGRA. However, the U.S. Senate has not acted on the legislation. Abbott has stated his opposition to similar Senate legislation and submitted a letter urging a Senate committee not to act on it.

“In light of these recent court decisions, and the nations’ continued good faith efforts to conduct gaming in accordance with the terms of their Restoration Act, the tribe would like to invite you to its reservation to see firsthand the positive impacts of its Naskila Gaming facility on the tribe and region,” Ricky Sylestine, Chairman of the Alabama-Coushatta Tribe of Texas Tribal Council, wrote the governor in a letter in July asking that he visit the reservation. Neither Abbott, nor his office ever replied.

“We would love to have a dialogue with Governor Abbott regarding the purpose of our legislative efforts and the importance of these jobs, but he has not expressed interest in communicating with us,” Sylestine said. “We understand that the governor is extremely busy and is working on a number of issues important to the state of Texans. However, Naskila Gaming has been a major employer in East Texas and his continuous opposition to our efforts is concerning to our employees and tribal citizens.”

Polk County Judge Sydney Murphy said the tribe and the county have forged a partnership that has proven beneficial to residents of East Texas over the years. In addition, more than 80 civic and business groups have approved resolutions voicing support for the tribe and Naskila Gaming in recent years, and more than 15,000 visitors to the facility have signed letters to the governor urging him to support the tribe.

“Naskila Gaming has provided tremendous job opportunities, enhanced economic development, and improved quality of life for its team members, its guests, and the entire community,” Murphy said. “I would encourage Governor Abbott to visit Naskila Gaming to learn more about the tribe’s vital role in our East Texas economy and way of life.”

Sylestine added, “We urge the governor to listen to the people of Texas. Our neighbors throughout East Texas support Naskila Gaming and appreciate its importance to the local economy. We wish Governor Abbott would make time to visit our reservation, learn more about our tribe and Naskila, and listen to the people who work here each day to support themselves and their families.”

Editor’s note – After calling the governor’s office and speaking to a staff member, we were referred to an email address. We submitted our questions via the said email address but as of press time, have not received a response from the governor’s office.

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