The Bexar County Elections office will be turning about 80 applications for mail-in ballots over to the District Attorney’s office because the same name is listed on those applications as the witness.
Bexar County Elections Administrator Jacquelyn Callanen said it is legal for someone to witness or assist only one voter per election in applying for a mail-in ballot.
It is a Class B misdemeanor, according to writing right on the application.
"We've called over to the District Attorney's office and we're keeping them secure until they come," Callanen said.
That irregularity was noticed among voters applying for mail-in ballots in the City Council District 5 election.
In that contentious race, voters went to the polls Saturday and chose challenger Shirley Gonzales over incumbent David Medina.
Steve Heinrich is the presiding judge of the Early Voting Ballot Board, the group in charge of examining ballot applications.
"Under the law, you're only permitted to witness or assist one voter in one election,” Heinrich.
Heinrich, who is also the Bexar County Republican Party treasurer, said his team noticed the same name over and over again.
"I can't say that this person knowingly, willingly violated the law,” Heinrich said. “There's an excellent chance she didn't know she wasn't allowed to do more than one."
He turned the applications over to Bexar County.
The law is designed to prevent people from going into nursing homes or other such facilities with a stack of ballot applications and signing people up.
The worry is that they would later return and fraudulently help those voters choose a specific candidate or issue.
The DA's office will now look into this and the elections department may look into how the KSAT 12 Defenders got a tip.
"Obviously, you were contacted by someone,” Callanen said. “Not from this office."
She says no voter was denied a vote because of this irregularity.
The newly elected City Council members in District 8 (Ron Nirenberg) and District 5 (Gonzales) will be sworn in Thursday at City Hall.