A Texas federal judge on Monday denied an attempt by Republicans to reject roughly 1,27,000 votes.
A Texas federal judge on Monday denied an attempt by Republicans to reject an estimated 1,27,000 votes already cast in the US presidential election on drive-thru voting sites in Houston, a Democratic-leaning region.
The plaintiffs had accused Harris County Clerk Chris Hollins, a Democrat, of acting illegally in allowing drive-thru voting as an alternative during the coronavirus pandemic.
U.S. District Judge Andrew Hanen said the plaintiffs lacked standing to bring an action. “I find that when you balance the prejudices, you have to weigh in favor of the vote count,” he added.
The judge also criticized the plaintiffs for having waited until October 28 to file their case in court, even though the vote behind the wheel was used without dispute during the second round of the July primaries.
“Didn’t we test that in the primaries this summer?” Hanen said in a three-hour hearing, adding, “Why did I just get this case?”
Jared Woodfill, attorney for the plaintiffs, told reporters they would appeal to the U.S. 5th Circuit Court of Appeals. They will also appeal a similar loss in state court on Sunday to the United States Supreme Court, Woodfill said.
Hollins told reporters that drive-thru voting sites in Harris County, which includes Houston, would be open on election day as scheduled. “This is a huge victory for democracy, especially at a time when it looks like democracy itself is on the ballot,” Hollins said.
Harris County, with a population of approximately 4.7 million, is the third most populous county in the United States. It currently has 10 drive-thru voting sites accessible to all voters from a total of 800 polling stations.
Texas, the second largest US state, has traditionally been a Republican stronghold, but polls show a close race this year between President Donald Trump and Democratic candidate Joe Biden with more than 9 million votes cast already, eclipsing the rate of full state participation in the 2016 presidential election.
The Texas Supreme Court on Sunday rejected an almost identical offer from the same plaintiffs, including conservative activist Steve Hotze and justice candidate Sharon Hemphill, to halt the drive-through vote in Harris County. The same court also denied similar challenges brought by the Texas Republican Party and the Harris County Republican Party.
The lawsuits claimed the county did not have the power to decide electoral procedures and that drive-thru voting violated the equal protection clause of the U.S. Constitution because voters in other Texas counties do not have the option. to participate in the vote behind the wheel.
Hundreds of court challenges were filed in the months leading up to election day Tuesday over how Americans can vote. Democrats have generally tried to facilitate access to postal voting and other alternatives to in-person voting, while Trump has repeatedly launched unsubstantiated attacks on postal voting, claiming this leads to fraud .
In Nevada, a judge on Monday inflicted another setback on Republicans who filed a lawsuit, saying ballot counting measures in Clark County, home of Las Vegas, were plagued by problems. The ruling concluded that the complainants lacked standing and failed to provide evidence that the proceedings had led to the fraudulent vote count.
‘Make Or Break Texas’
Biden’s campaign hailed Hanen’s decision, saying in a statement it reflected a “victory for voters across the country who exercise their constitutional right to have their voices heard.”
In Houston, Sarah and Dan Jones were among the protesters outside the Federal Courthouse Monday morning and they brought their four children, aged 10 to six months.
They voted on a site while driving a few weeks ago and found out on Saturday that their ballots were contested, they said.
“I have never felt so important in my life,” said Sarah Jones, 32. “Harris County can make or break Texas.”
Both voted for Biden. Dan Jones, 38, said he also voted for Hemphill, one of the plaintiffs.
“I voted for her and she is trying to get my ballot rejected,” he said.
