In Houston, a federal judge is determining the status of 127,000 ballots in Harris County, the Lone Star state’s most populous.
A legal challenge from Republican activists, arguing that drive-thru voting violates state election laws prompted the emergency hearing.
As Fox News reports:
U.S. District Court Judge Andrew Hanen, who was appointed by President George W. Bush, will hear arguments from four Texas Republicans seeking to invalidate all ballots cast at drive-thru polling stations in Harris County, a Democratic stronghold.
The Republican activists and candidates are arguing that the drive-thru program is an expansion of curbside voting, and therefore should only be available to voters with disabilities under state election law. They have also challenged the practice as a violation of the U.S. Constitution, which gives state legislatures the authority to decide how elections are run.
On top of throwing out ballots already cast via drive-thru voting, the Republicans are looking to ban the use of the practice on Tuesday during Election Day.
The Texas Supreme Court rejected a case from the same plaintiffs over the same issue on Sunday. The all-Republican court did not explain why it had thrown out the lawsuit.
The 127,000 ballots in question account for 9% of the votes cast so far in Harris County.
According to RealClearPolitics’ polling average, President Trump is leading Democrat nominee Joe Biden in Texas by 1.2%.