In re: Hotze I

Texas
Oct 15, 2020
Oct 22, 2020
drive-thru voting is unlawful
legal argument
order blocking drive-thru voting, Gov. Abbot declaration declared unconstitutional
plaintiff lost; no impact

Summary

Houston, Texas is located in Harris County, where Chris Hollins serves as County Clerk. For the 2020 election, his office invented the idea of drive-thru voting to spare voters from the populated, indoor spaces that posed a danger of contracting COVID. Voter/activist Dr. Steven Hotze, M.D., believed that creating a new manner of voting was an illegal scheme, and so filed this lawsuit with the Texas Supreme Court on behalf of himself, the Harris County Republican Party, and judge up for reelection, about a month before election day.

Hotze argued that Hollins was legally obligated to tightly restrict curbside voting to those who submit a valid curbside voting application, a restriction (he alleges) that would make drive-thru voting would be impossible; and that Governor Abbot's proclamation loosening election rules was an unconstitutional act. He claims standing to sue on the basis that "his legal vote is at risk of being cancelled by an illegal vote," and that the only protection against this harm is if the court were to "enter an order compelling Respondent Hollins to ... Reject any curbside voting efforts during either Early Voting or Election Day Voting in Harris County which are not in compliance with Texas Election Code."

Hollins, in his defense, argued that it is improper for Hotze to bring his complaints to court only after early voting had begun; that drive-thru voting is to be regulated as a kind of in-person voting, not as a kind of curbside voting; that election law explicitly allows for temporary structures to be used for in-person voting; that there's no sign that any of these votes is illegal; and that "Relators’ allegations about vote dilution or being canceled by an illegal vote — in addition to being entirely baseless — are irrelevant" as a basis to file a lawsuit. And finally, Hollins argues that "There is no such thing as a curbside voting application."

The Texas Supreme Court denied the petition without issuing an opinion. Justice John P. Devine dissented from the rest of the court, and wrote "Not granting today’s stay gives Harris County Election Clerk Chris Hollins the benefit of the doubt and suggests that a state official’s blessing can otherwise cure an ultra vires act. As such, I would grant Relators’ motion to stay to ensure compliance with the Code and to give this Court the opportunity to consider whether the novel drive-thru voting measure qualifies." But the ruling of the court's majority won out, and was not appealed.

Courts

Texas Supreme Court

# 20-0819
Judges:
Nathan L. Hecht
Eva Guzman
Debra Lehrmann
Jeffrey S. Boyd
John Phillip Devine
Jimmy Blacklock
Brett Busby
Jane Bland
vacant (Paul Green retired)
Oct 15, 2020
Oct 22, 2020

Court Documents (12)

Sources: