VOTES UPHELD
Texas Supreme Court rejects attempt to toss drive-thru votes, but another case awaits.
The Texas Supreme Court on Sunday rejected Republicans’ attempt to toss the roughly127,000 ballots cast at Harris County’s drive-thru voting locations, though a separate case remained pending before a federal court.
In an unsigned order, the court denied a petition filed by Houston activist Steve Hotze, state Rep. Steve Toth, R-The Woodlands, and two Republican candidates who argued that drive-thru voting violates state and federal election laws. Harris County Clerk Chris Hollins has contended the procedure does not conflict with any laws, noting the Texas secretary of state approved it earlier this year.
County officials applauded the ruling but sought to remind voters that a separate case remains pending before U.S. District Judge Andrew S. Hanen, an appointee of former President George W. Bush who has scheduled a hearing for 10:30 a.m. Monday.
“I do acknowledge that the fact that we’re even having this conversation is cause for concern,” County Judge Lina Hidalgo said, adding that she believes tossing the votes would be an “outrageous act of suppression.”
The federal courts have yet to issue rulings related to drivethru voting, though the Texas Supreme Court had previously weighed in on the matter, rejecting an attempt by the Harris County and Texas Republican Parties, along with Hotze, to halt
drive-thru voting.
Hidalgo and Hollins assured voters at a news conference Sunday that state and federal law is firmly on their side. Hollins argued that “the crux of the case is that we made voting too easy,” characterizing the challenge as “undemocratic and un-American.”
“We are going to do everything in our power to ensure that your votes are counted, however you cast them, whether by mail, whether you walked into a voting center or whether you utilized a drive-thru voting center,” Hollins said.
Hollins also asked federal, state and county candidates on the Harris County ballot to publicly state their view on the lawsuit, making the request in a series of tweets. By early Sunday evening, numerous Democratic candidates had responded that they oppose the effort, while only one Republican, state Rep. Sarah Davis of Houston, had joined them in voicing opposition. Texas Republican leaders, including Gov. Greg Abbott, also had yet to weigh in.
Joe Straus, a Republican and former Texas House speaker, released a statement calling the legal challenge “patently wrong.”
“While it may be too late for this election, the Republican Party needs to return to a place where we win with ideas and persuasion rather than trying to intimidate and silence our fellow citizens,” Straus said. “I hope all elected statewide leaders in the Texas Republican Party will stand up against these desperate tactics.”
The county clerk’s office had tallied more than 1.44 million ballots through the end of early voting. About 9 percent of the votes came from drive-thru voting centers.