A federal judge on Monday rejected a latest Republican effort to invalidate more than 100,000 ballots cast at new drive-thru polls in Democrat-leaning Harris County, Texas, in a case which has been closely watched due to its potential to affect the presidential race
Judge Andrew Hanen said the plaintiffs in the case lacked the legal capacity to challenge the use of 10 drive-thru voting locations set up for the first time this year in the county, which includes the city of Houston
Hanen’s decision was based on the legal precept that a person bringing a lawsuit must show that he or she was harmed by an action, and not just that the action itself may have been unlawful
Hane’s decision to dismiss the challenge, which came just a day before polling day, is likely to be appealed
Judges said if he had found the plaintiffs, who include three Republican candidates, to have legal standing, he likely would have banned drive-thru polling places on election day, but wouldn’t already have invalidated ballots cast in these places
« I can’t find a tent to build, » Hanen said, noting that tents are used for drive-thru, while state law requires polling stations to be located in a building. / p>
However, Hanen also said that the Republicans lawsuit, which was filed late last week, was not timely and that it was not clear that the votes cast on the service sites driving would be illegal, although the sites themselves could be
Harris County, which is the third largest county in the country, has set up drive-thru polling stations to provide an alternative for voters concerned about visiting completely closed polling centers during the coronavirus pandemic
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So far, around 127,000 votes have been cast at these locations, contributing to the record 14 million countywide early votes so far this election
Texas law allows home voting for people who are sick, disabled or at risk of being at risk of health risk vote indoors The plaintiffs in the case had said that « a voter ‘s general fear or lack of immunity against COVID-19 is not a « handicap » as defined by the electoral code «
Hanen released his ruling after holding a hearing broadcast on Zoom Hanen was appointed to the bench by President George W Buisson
The case has generated considerable interest due to polls showing a very close race in Texas between President Donald Trump and former Vice President Joe Biden, the Democratic candidate
Democrats have also made winning multiple races at Texas House in the county a priority as part of an attempt to win a majority at State House for the first time in two decades
Harris County in recent election saw Democrats beat Republicans in the vote count by larger margins
« The number of Democratic votes that come out of Harris County is very important to who wins the state, » Austin, Texas lawyer Fred Lewis told the Texas Tribune last month.
The Texas State Supreme Court, whose entire bench is made up of Republicans, on Sunday refused to proceed with a related Republican lawsuit that also sought to invalidate drive-thru ballots
This trial noted that nine of the ten driving polls were in « Democratic areas of the county »
« We always knew the law was on our side here, » Harris County Clerk Chris Hollins told NBC News on Sunday
« We followed the Election Code to a ‘T’ We worked with the Secretary of State to introduce drive-thru voting We know it’s legal, besides being safe and convenient. »
Plaintiffs in the federal case have said in their lawsuit: « By indiscriminately encouraging and allowing all registered Harris County voters to vote through a drive-thru vote, the defendant is violating both federal and state law, and the plaintiffs will suffer irreparable injury if the action is not stopped «
The plaintiffs include a doctor registered to vote in Harris County and three other Republicans: State Representative Steve Toth, Champion Wendell, who is seeking to be elected to Congress from the state’s 18th Congressional District, and Sharon Hemphill, who is seeking a job as a judge in the state’s district court
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World news – United States – Judge rejects GOP offer to cast 127,000 ballots driving in Harris County, Texas
