New Braunfels Real Estate Broker Charged with Election Fraud
April 19, 2024
For Immediate Release
Contact: Act Now Comal: 830-507-2200 / ActNowComal@gmail.com
Annalisa Peace, Greater Edwards Aquifer Alliance: 210-275-9336 / Annalisa@AquiferAlliance.org
Following the completion of an investigation by the Texas Attorney General of the Canyon Ranch Municipal Utility District (MUD) election in 2022, the District Attorney of Comal County has arrested Kelly Leach and Christopher Allen Williams, the lone voter in the Canyon Ranch MUD election, for election fraud. Their cases are pending. Mr. Leach, as principal of Gram Vikas Partners, Inc. frequently represents developers in obtaining permits, including wastewater permits for projects throughout the Texas Hill Country. In this case, Mr. Leach sought ballot approval of a MUD for the Canyon Ranch 400 project.
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The creation of this MUD to develop the Canyon Ranch property required voter approval. Before September 1, 2021, developers would use what is commonly called a rent-a-voter plan that involved temporarily having a voter change their voter registration and driver’s license addresses to the address of the vacant land. When the single positive MUD formation vote was cast the MUD could be formed, and the voter reinstated its previous driver’s license and voter registration addresses.
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Effective September 1, 2021, residency requirements were redefined in the Texas Election Code to require voters in an election, i) not change addresses for the purpose of influencing an election, ii) actually live on the property, and iii) have the intent to remain on the property. The arrests were the result of alleged violations of these new residency provisions. According to the related police report and ensuing investigation, it is alleged that Williams, the lone voter in the Canyon Ranch MUD election, changed his residency for the sole purpose of voting for the Canyon Ranch MUD measures in May 2022, which included approvals for the issuance of some $1.7B of bonds. In August of 2022 Mr. Williams changed his residency back to his homesteaded residence in New Braunfels.
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Property records of Comal County indicate Lennar Homes of Texas is providing financing for the Canyon Ranch 400 development. In February, Lennar filed a Deed-of-Trust on the Canyon Ranch 400 property. That Deed-of-Trust also refers to a contract to purchase an undefined number of lots from the developer, Canyon Ranch 400 LP. Canyon Ranch will ultimately build out to some 1,400 lots on 400 acres, a very high-density development for the rural area which sits atop the Edwards Aquifer Contributing Zone. The principal of Canyon Ranch 400 LP is designated as New Braunfels developer, Kelly Leach.
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The Canyon Ranch 400 MUD plans to issue some $1.7B of bonds to finance infrastructure required to develop the project, including both hard and soft costs. To repay those bonds the MUD is considered a quasi-government entity with taxing authority, so taxpayers within the MUD boundaries ultimately bear the burden of bond repayments. That is why the Texas Election Code requires MUD formations be approved by actual residents of the MUD district.
In a similar set of circumstances in Rockwall County, Texas, the County Judge has filed a civil lawsuit on behalf of the taxpayers of Rockwall County for election fraud. The Defendants in that suit are members of the Board of Directors of Rockwall MUD District #10. One of the allegations in the case is the single voter did not meet the residency requirements of the Texas Election Code. This case is pending. The lawsuit seeks the court to declare the MUD ‘void ab initie’ (void from inception) and the acts of its Board of Directors ‘Ultra Vires’ (without legal authority).
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Arraignment for Mr. Williams occurred on April 9, 2024. Arraignment for Mr. Leach is scheduled for May 6, 2024