Lawsuits Challenging November Election Results May Affect COLA for Retirees

The Texas Retired Teachers Association (TRTA) has been made aware of several lawsuits that have been filed challenging the validity of the November 2023 General Election and the outcomes related to the constitutional amendments.

According to the Texas Tribune, “Lawsuits based on false claims about voting equipment could delay millions of dollars in cost-of-living increases for retired teachers expected to arrive in January… and also threaten to hold up state property tax cuts for homeowners.”

These lawsuits, as mentioned above, include Proposition 9, in which Texas voters approved $3.3 billion in general revenue funds to provide a two to six percent cost-of-living adjustment (COLA) for eligible Teacher Retirement System of Texas (TRS) annuitants.

The lawsuits were filed in Travis County district courts days after the November election and are “based on false claims that Texas’ voting equipment is not certified and that voting machines are connected to the internet.” Governor Greg Abbott “has not certified the results of the election and won’t be able to until the lawsuits are resolved in the courts — which experts say could take weeks or months.”

Here is how TRTA is interpreting this unwelcome development:

The Texas Tribune confirmed this morning that multiple election challenge lawsuits have been filed to void all votes in the November 7 constitutional amendment elections.

Though these lawsuits appear to be meritless for many reasons, the mere filing of them, by statute, puts all the amendments on hold until the suits are resolved. The election results can’t be certified with any of these lawsuits pending. And by law, election-challenge suits cannot be heard for at least 30 days after they are filed. Based on the filing dates, the first hearing cannot be before December 8. Some cannot be heard before December 18.

While it is almost certain that these suits will ultimately fail, these allegations of voting machine irregularities have effectively stopped the implementation of property tax relief, the retired teacher COLA, and all the other amendments that Texas voters overwhelmingly approved. It remains to be seen if legislative action will expedite these lawsuits. If not, we trust that the Texas Attorney General will move as swiftly as the law allows to have these suits resolved in the State’s favor.

Members, it is important to understand that it is too early to say what the impact may be on the implementation of the COLA. TRTA is committed to ensuring that our deserving retirees receive their COLAs, and we will not cease our efforts for any reason.

At this time, there is nothing that our TRTA membership is being asked to do other than be aware and know that this organization will never stop representing you.

TRTA’s Board of Director and our Capitol team are working to learn as much as we can about any legislative remedies that may be possible. The situation is in flux and we are working with all our friends on contacts to learn as much as we can.

The TRTA District Presidents, our local chapter presidents and the TRTA State Legislative Committee have all been updated about this matter. Your leaders are working hard to get information and hope to see this seemingly frivolous action resolved as quickly as possible.

TRTA will keep you posted as more information is received.

Please help to keep TRTA strong by joining or renewing your membership today!

Related News