From the Texas Tribune (bolding mine):
www.texastribune.org/…
Texas Supreme Court rejects Republican-led effort to throw out nearly 127,000 Harris County votes
A handful of GOP activists and candidates had asked the state's highest civil court to rule Harris County's drive-thru voting locations illegal, and invalidate votes that have already been cast. The challenge has also been filed in federal court.
A legal cloud hanging over nearly 127,000 votes already cast in Harris County was at least temporarily lifted Sunday when the Texas Supreme Court rejected a request by several conservative Republican activists and candidates to preemptively throw out early balloting from drive-thru polling sites in the state's most populous, and largely Democratic, county.
The all-Republican court denied the request without an order or opinion, as justices did last month in a similar lawsuit brought by some of the same plaintiffs.
The Republican plaintiffs, however, are pursuing a similar lawsuit in federal court, hoping to get the votes thrown out by arguing that drive-thru voting violates the U.S. constitution.
Will update as I find more.
Sunday, Nov 1, 2020 · 8:31:04 PM +00:00 · CathyM
More from the group who challenged Repubs in court:
Our latest in TX lawsuit:"Plaintiffs do not assert these voters did anything wrong. Yet, they seek to disenfranchise more than 126,000 eligible voters whose only fault was relying on the instructions of County elections officials—which the SOS blessed."
Sunday, Nov 1, 2020 · 8:52:44 PM +00:00 · CathyM
Twitter has some good commentary on the details, and why perhaps the Rethugs decided to file this now (and note the target is most POC):
Rs filed again at SCOTX Tuesday night, then went to federal court on Wednesday b/c their radical legal theory--that federal courts get to interpret and defend the text of state statutes, without regard to state courts--was suddenly gaining steam. From their brief last night: /3
It's a franken-argument that doubles down on #BushvGore. Rs say it violates equal protection for Harris to get drive-thrus when other counties don't. They rely exclusively on Bush v. Gore even though that case said its EP analysis was "limited to the present circumstances." /5
Sunday, Nov 1, 2020 · 9:04:49 PM +00:00 · CathyM
Looks like at least one law firm is now offering to represent those voters who are involved for free… I hope this is legit and not “ambulance chasing”.
Help: Let’s get this information to the the people in #Texas #HarrisVotes at stake their vote MUST be counted and their voices are heard! Please RT
“...by Larry Veselka of Smyser,Kaplan & Veselka in Hotze v. Hollins, No. 4:20-cv-03709 (SDTX) as anintervening defendant."