State of Texas

Texas Drive-thru Voting Intervention

Hotze v. Hudspeth

Lawsuit filed by Republican candidates and an individual voter in Texas challenging drive-thru voting in Harris County enacted to expand voting opportunities during the COVID-19 pandemic. The suit argues this method of voting circumvents the Texas Legislature and Texas Election Code in violation of the U.S. Constitution and asks the court to invalidate the more than 100,000 votes already cast at drive thru voting sites. The Democratic Congressional Campaign Committee (DCCC), Democratic Senatorial Campaign Committee (DSCC), MJ for Texas and individual Harris County voters intervened to protect drive thru voting. The district court dismissed the case, finding that the plaintiffs did not have standing, and the 5th U.S. Circuit Court of Appeals denied injunctive relief. After oral argument was held, the court invited supplemental briefing addressing whether the recently-passed Senate Bill 1 makes this lawsuit moot. The 5th Circuit dismissed the case as moot, finding that the claims as to the November 2020 election were no longer a live controversy and the plaintiffs lacked standing for future elections.

Case Documents

Last updated: