I have been allowed inside. Other reporters have not. Fix this ASAP, Southern District of Texas!!
Harris County is presenting its case: That drive thru voting is legal, was approved by SoS and plan has been public knowledge for months.
Bush v Gore expert speaking now. Judge Hanen quips “hope she didn’t bring (Florida’s) election problems with her.” Nervous laughter ensues.
Houston atty Larry Veselka, an intervenor, argued Republicans waited to sue until after they saw how popular drive thru voting was. 127k ballots are about 9% of total so far.
Another atty whose name I missed said drive thru voting was perfect option for wife, who was 35 weeks pregnant. Accuses Republicans of attempting to throw out legitimate votes.
Jared Woodfill, for plaintiffs, argues Texas Election Code does not allow DT option. Said Legislature installed “prophylactic measures” to protect ballot security that do not include drive thru voting. Says it only allows curbside voting for disabled, elderly, etc.
Woodfill accuses Harris Co Clerk @CGHollins of using pandemic as excuse to invent new, illegal form of voting.
Richard Mithoff, for Harris County, says Purcell Supreme Court precedent should guide here: federal courts should not intervene in election case when the election is already underway.
Judge Hanen pushing back against Purcell, asking “if you know they are voting illegally, shouldn’t the court do something?” Court could allow votes so far to stand but shut down drive thru voting on Election Day.
(Other reporters have been allowed in. Shouldn’t have taken us getting our lawyers involved, but thanks to court for relenting)
Brief recess. @sam_kett and I charging our phones. Back soon.
Back now. Christina Ford, for Harris County’s side, argues that there is no evidence that drive thru voting leads to voter fraud, as Republicans have alleged.
Arguments conclude. Judge Hanen says he will return in 15-20 min and announce his ruling 🚨
🚨 Just now: U.S. District Judge Andrew Hanen, a W. Bush appointee, has ruled Republicans lack standing to challenge 127k drive-thru votes cast in Harris County (#Houston).
Of GOP argument that drive-thru sites are less secure than in-person polling sites, Hanen says “I ain’t buying that.”
🚨 Re: certain pending 5th Circuit appeal, Hanen says if he did find GOP had standing, he would likely halt drive-thru voting tomorrow. He orders Harris County to keep all drive-thru memory cards separate in case higher court intervenes.
County Clerk @CGHollins confirms all 10 drive thru sites will be open on Election Day. 1 million eligible voters still haven’t cast ballots.

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