Federal judge throws out Texas GOP lawsuit challenging legality of drive-thru votes

A group of GOP activists challenging the legality of nearly 127,000 ballots cast at Houston-area drive-thru voting stations was again stymied — this time at the federal court level.

On Sunday, the Texas Supreme Court denied the petition, which claimed drive-thru voting violated state election law. Then, on Monday, U.S. District Judge Andrew Hanen ruled the plaintiffs didn't have standing to sue. Even if they did, The Austin-American Statesman reports, Hanen said he would not have issued an injunction against the votes (although he did say if he was going to rule he would enjoin drive-thru voting from taking place on Election Day because tents do not satisfy Texas' requirements for a polling place.)

The plaintiffs can still appeal to the 5th Circuit, and Hanen ordered Harris County, where the votes were cast, to maintain drive-thru records in case that happens.

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