With Election Day looming, a federal judge ruled Monday afternoon (Nov. 2) that a GOP lawsuit to invalidate some 127,000 ballots cast in 10 drive-thru polling places in Harris County during early voting had no standing and that the ballots would be counted.
But the judge suggested those planning to cast ballots Tuesday should avoid the drive-thru locations because of the potential for successful future legal challenges.
“If I were to vote tomorrow, I would not vote in a drive-thru location out of concern about if it’s legal or not,” said Judge Andrew S. Hanen.
Jared Woodfill, the attorney representing the GOP plaintiffs, had promised to file an appeal with the U.S. 5th Circuit Court of Appeals sometime today to get a quick hearing on closing drive-thru voting Tuesday.
Harris County officials had piloted drive-thru voting in May as a safe alternative during the COVID-19 pandemic, and about 10 percent of all ballots cast during the early voting period were done under the drive-thru canopies, according to the county clerk’s office.