HOUSTON (REUTERS) - A federal judge in Texas on Monday (Nov 2) denied an attempt by Republicans to throw out about 127,000 votes already cast in the US presidential election at drive-through voting sites in Houston, a Democratic-leaning area.
The plaintiffs had accused County Clerk Chris Hollins, a Democrat, of acting illegally when he allowed drive-through voting as an alternative during the coronavirus pandemic.
US District Judge Andrew Hanen said the plaintiffs, including state Representative Steve Toth, conservative activist Steve Hotze, and judicial candidate Sharon Hemphill, lacked standing to bring the case.
Harris County, home to the city of Houston and about 4.7 million people, is the third most populous county in the United States.
It currently has 10 drive-through polling sites, which are available to all voters.
"I find that when you balance the harms you've got to weigh in favor of counting the votes," the judge said.
Texas, the second largest US state, is traditionally a Republican stronghold but polls show a tight race this year between President Donald Trump and Democratic nominee Joe Biden with more than 9 million ballots already cast, eclipsing the state's total turnout from the 2016 presidential election.
The Texas Supreme Court on Sunday rejected a nearly identical bid by the same plaintiffs to halt drive-through voting in Harris County.
The same court also previously denied similar challenges brought by the Texas Republican Party and the Harris County Republican Party.
Hundreds of legal challenges have been brought in the months leading up to Tuesday's Election Day over how Americans can cast their ballots.
Democrats have generally tried to ease access to mail-in and other alternatives to in-person voting, while Trump has repeatedly made unfounded attacks on mail-in voting, claiming it leads to fraud.
Sarah and Dan Jones were among protesters outside of the federal courthouse in Houston on Monday morning, and brought their four children, ages 10 to six months.
They voted at a drive-through site a few weeks ago and found out Saturday their ballots were being challenged, they said.
"I've never felt so important in my life," said Sarah Jones, 32.
"Harris County can make or break Texas." Both voted for Biden. Dan Jones, 38, said he also voted for Hemphill, one of the plaintiffs.
"I voted for her and she's trying to get my ballot thrown out," he said.
