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Republican bid to invalidate almost 127,000 Texas drive-through votes denied by federal judge

The Republicans, however, had a consolation victory as some drive-through voting centers were blocked after they moved the law

The presidential election this year has one major point of controversy and it is concerning mail-in balloting. President Donald Trump has been criticizing remote balloting, an idea that has gained traction as the coronavirus pandemic has wreaked havoc in the US. He has also cited the alleged instance of a number of ballots in his name found discarded in the key state of Pennsylvania a few months ago. According to him, the arrangement will lead to widespread electoral malpractice. 

Amid the snowballing debate over mail-in balloting, an instance unfolded in the GOP bastion of Texas on Monday, November 2. A federal judge in the state denied a bid by supporters of the Republican Party to invalidate about 127,000 votes already cast in the election at drive-through voting centers in Houston, which is more Democratic-leaning. The GOP members accused the Democratic clerk of Harris County, where Houston is located, Chris Hollins of acting illegally after he allowed the drive-through voting as an alternative in times of the pandemic. 

But US District Judge Andrew Hanen said in a written order that the plaintiffs lacked standing to raise the case and waited far too long. “To disenfranchise over 120,000 voters who voted as instructed the day before the scheduled election does not serve the public interest,” the judge wrote, saying that drive-through early voting was allowed under the law of Texas.

Questioning the timing of the GOP members’ complaint, Hanen also said: “I don't find it timely. (Planning for drive-thru voting) has been going on basically all summer... And then at least since October 16th, people have actually, I think it's the 16th, have been voting. And to file it late last week, I find that not to be timely and that therefore the likelihood of success does not weigh.”

GOP plaintiffs still had something to cheer about

However, the GOP members still had a consolation victory as some drive-through voting centers were blocked after they moved the law. During a hearing on Monday in a suit that challenged the arrangement, Hanen expressed concern over the continued use of drive-through in Harris County on the day of the election and discouraged the voters from taking part in the practice.

Hollins said later on Twitter that nine out of 10 of the drive-through voting centers would be shut on the Election Day to ensure that the votes are taken into account. 

In one tweet, Hollins said:  “Today was a huge win for democracy. 127,000 drive-thru votes cast in Harris County will be counted!  Since the hearing this afternoon, I have consulted with my legal team and multiple election law experts who have reiterated the legality of drive-thru voting.”

In another tweet, Hollins said: “This evening, Judge Hanen issued his order upholding drive-thru voting during the Early Voting period. He also stated his view that the tents that house most of the drive-thru voting centers would not qualify as "buildings," which are required for Election Day polling places.” In a third post, Hollins said: “My job is to protect the right to vote for all Harris County voters, and that includes those who are going to vote on Election Day. I cannot in good faith encourage voters to cast their votes in tents if that puts their votes at risk.”

Texas Democratic Party Chair Gilberto Hinojosa lauded the judge’s decision to say in a press release: "The ruling to let the nearly 127,000 drive-thru votes stand was the correct decision but it doesn't change a simple fact: This should have never been an issue in the first place. Texans who lawfully voted at drive-through locations should have never had to fear that their votes wouldn't be counted and their voices wouldn't be heard. This lawsuit was shameful and it should have never seen the light of day.”

Harris County, home to about 4.7 million people, is the third-most populous county in the country and has more than 800 voting centers. Texas is traditionally a red state but this year, the race between incumbent President Donald Trump and challenger Joe Biden is quite tight.