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Sharon Hemphill

Federal judge denies Hotze petition

Hopefully, this will be the end of this particular nonsense.

A federal judge Monday rejected a request by a conservative activist and three Republican candidates to toss out nearly 127,000 votes cast at drive-thru polling sites in Texas’ most populous, and largely Democratic, county.

The ruling by U.S. District Judge Andrew Hanen, a George W. Bush appointee, follows two earlier decisions by the all-Republican Texas Supreme Court rejecting similar efforts by Republicans challenging the validity of drive-thru voting in Harris County. Although Hanen’s ruling is still expected to be appealed quickly, it appears to clear the way for counting the early voting drive-thru ballots on Election Day.

In his ruling from the bench, Hanen said he rejected the case on narrow grounds because the plaintiffs did not show they would be harmed if the drive-thru ballots are counted. He noted, however, that the U.S. 5th Circuit Court of Appeals could think differently if the cases reaches them.

If he had ruled on the larger issues in the case, Hanen said he would have rejected the request to toss out votes already cast. But Hanen said he would have shut down Harris County’s drive-thru polling places for Election Day, because the tents being used for the sites don’t qualify as “buildings” under state election law.

“If I were voting tomorrow … I would not vote in a drive-thru just out of my concern as to whether that’s illegal or not,” he said. “I am going to order the county to maintain all the drive-thru voting records … just in case the 5th Circuit disagrees.”

Ten percent of Harris County’s in-person early voters cast their ballots at the county’s 10 drive-thru locations. Dismissing the votes would have been a monumental disenfranchisement of voters in a presidential election besieged with fights over voter suppression and fraud.

The judge ruled from the bench after a hearing with plaintiffs, the county and numerous Texas and national voting rights and political groups joining Harris County to argue that the drive-thru program was legal under Texas election law.

See here, here, and here for the background. This is obviously a great relief, because as ridiculous as this lawsuit was, the cost of an adverse ruling was sky-high. There will be an appeal, but it looks like that will be to stop drive-through voting on Election Day, not to continue the pursuit of throwing these votes out. I think.

On that note: You saw Judge Hanen’s words about voting at a drive-through location today. Drive-through locations will be open today, and if you have the need to use one, then use it. I believe there’s form you can use to attest to your need to vote curbside, which is legally different than drive-through and which is expressly allowed under Texas law (the whole dispute here ultimately boils down to the allegation that drive-through voting is an illegal expansion of curbside voting). Otherwise, I agree with the lawyers who say just park and go inside to vote. Don’t take the chance that this could come up again after the election.

Statements from the ACLU and the Texas Civil Rights Project are beneath the fold, and a statement from the Texas Democratic Party is here. This Twitter thread by Raffi Melkonian is a terrific blow-by-blow account of the hearing and ruling, with some explanations thrown in for the non-lawyers. The Chron, Houston Public Media, the Press, Mother Jones, Politico, and Daily Kos have more.

UPDATE: And so the appeal is happening in the night. Here’s another Twitter thread to keep track. I hope like hell I don’t have to rewrite this whole damn post in the morning.

UPDATE: As of 9 PM, no actual filing yet.

UPDATE: OK, the petition has been filed. They are just asking for drive-through voting to be halted for Election Day. Stay tuned.

UPDATE: Hopefully, this is the final final update:

You can see the denial in its glory here. The remaining drive-through location will be at the Toyota Center, which no one can deny is a building; the reason that Judge Hanen would have halted drive-through voting on Election Day is because the law is actually different for Election Day than it is for early voting, specifying “buildings” instead of “structures”. At this point, there really isn’t anything left to litigate. Happy voting to whoever will be doing so today.

(more…)

SCOTX rejects Hotze petition to throw out drive through votes

One piece of good news.

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. A hearing in that case is set for Monday morning in a Houston-based federal district court, one day before Election Day. A rejection of the votes would constitute a monumental disenfranchisement of voters — drive-thru ballots account for about 10% of all in-person ballots cast during early voting in Harris County.

[…]

Curbside voting, long available under Texas election law, requires workers at every polling place to deliver onsite curbside ballots to voters who are “physically unable to enter the polling place without personal assistance or likelihood of injuring the voter’s health.” Posted signs at polling sites notify voters to ring a bell, call a number or honk to request curbside assistance.

The Harris County Clerk’s Office argued that its drive-thru locations are separate polling places, distinct from attached curbside spots, and therefore can be available to all voters. The clerk’s filing with the Supreme Court in the earlier lawsuit also said the Texas secretary of state’s office had approved of drive-thru voting. Keith Ingram, the state’s chief election official, said in a court hearing last month in another lawsuit that drive-thru voting is “a creative approach that is probably okay legally,” according to court transcripts.

Plus, the county argued in a Friday filing that Texas’s election code, along with court rulings, have determined that even if the drive-thru locations are violations, votes cast there are still valid.

“More than a century of Texas case law requires that votes be counted even if election official[s] violate directory election laws,” the filing said.

See here and here for the background. I’m glad to see SCOTX affirm my faith in them. They’re partisan, but I didn’t think they would want to set their reputations, and the court’s legitimacy, on fire for such a blatant and sloppy effort to disenfranchise thousands of people. So we’ve got that going for us, which is nice.

There’s still the matter of that federal lawsuit, for which there will be a hearing this morning at 10:30. I have no idea when there might be a ruling – it’s not out of the question that the judge could rule immediately upon the completion of the hearing – but it’s still looming out there. If you were one of the 126K+ drive-through voters, you can add yourself to the lawsuit as an intervenor, and put your experience on the record. Just fill out this form – quickly, the hearing is at 10:30 as noted – and you’ll have done your part. Here’s hoping. The Statesman has more.

UPDATE: From Twitter:

The attached brief is custom-made to convince a partisan Republican judge to throw out the plaintiffs’ petition. Let’s hope this helps.

Hotze and Woodfill take their fight against drive-thru voting to federal court

Just another quiet Saturday…

Mark can be a bit of an alarmist, but that doesn’t mean he’s wrong. For what it’s worth, Rick Hasen thinks this suit is without merit, though again worth worrying about given the deranged nature of parts of the federal judiciary these days.

Mark Stern flagged this new lawsuit filed in federal court which seeks to throw out over 100,000 ballots cast by Harris County, Texas voters who voted using drive-thru voting in Texas. There was an earlier lawsuit in state court seeking to block this means of voting on grounds that it purportedly violated Texas law, but the Texas Supreme Court rejected that claim. This new lawsuit is making the same novel claims under the “independent state legislature” doctrine that any actions by any state court or state agency not specifically authorized by the legislature is an unconstitutional usurpation of the legislature’s power. It’s this same audacious and unproven theory that formed the background for the outrageous 8th Circuit order this week over segregating ballots in Minnesota. The lawsuit has been assigned to Judge Hanen (a judge who had struck down all of Obamacare at one point before being reversed), who has already scheduled a hearing.

On the merits, this case should be a sure loser, but given how crazy things are getting in the federal courts these days, I cannot be 100 percent confident in my predictions. Here are some of the reasons this suit should be thrown out decisively

You can click over and read Hasen’s reasons, and you can read these threads by law professor Michael Morley and Buzzfeed News reporter Molly Hensley-Clancy for more reasons. You should also remember that at the end of the day, Jared Woodfill is a complete moron, and anything that relies on his legal acumen is likely to fall well short of the mark. Again, that doesn’t mean that a pliant federal judge won’t give him what he wants. It just means that would be the only reason why he’d succeed. Democracy Docket has intervened, and Josh Marshall, whose post alerted me to Mark Joseph Stern’s tweets, has more.

In the meantime, the State Supreme Court will also be dealing with this tomorrow.

The Texas Supreme Court drew alarmed attention Friday after directing Harris County to respond to a petition that seeks to invalidate more than 117,000 votes cast in drive-thru lanes.

The court’s interest came as an unwelcome surprise to voting advocates and Harris County officials who were banking on a quick dismissal of the petition, filed by two GOP candidates and a Republican member of the Texas House.

[…]

The petition — filed by state Rep. Steve Toth, R-The Woodlands, GOP activist Steven Hotze and two Republican candidates in Harris County — argued that drive-thru voting is an illegal expansion of curbside voting, which state law reserves for voters who have an illness or disability that could put them at risk if forced to enter a polling place.

The court responded by giving Harris County until 4 p.m. Friday to file a legal brief responding to the petition, raising fears that the Supreme Court was giving consideration to tossing out tens of thousands of ballots.

However, it takes only one justice on the nine-member court to request a response to a petition, and there is no way of knowing how many justices were interested in Harris County’s response because the court does not disclose that information.

In addition, before tossing out the votes, the court would have to acknowledge that 117,000 Harris County voters had visited a drive-thru polling site by Thursday night, including more than 42,000 drive-thru votes that were cast since justices first had a chance to stop the practice a week earlier but did not.

In a memo prepared for Harris County on the issue, noted Austin lawyer C. Robert Heath said the bid to void drive-thru votes faces the daunting challenge of overcoming a key legal supposition — that state laws are to be interpreted in favor of preserving the right to vote.

“If a court or other authority were to decide to invalidate those votes, it would require ignoring or overruling more than a century of Texas law,” Heath concluded.

In the brief requested by the Supreme Court, Harris County lawyers argued that there is nothing illegal about drive-thru voting, nor can votes cast that way be considered illegal.

“Uncountable votes are those that resulted from clear fraudulent behavior,” they argued. “There is nothing about an eligible voter casting an in-person vote from their car that renders their vote illegal, fraudulent, or not countable.”

The brief argued that drive-thru voting is just another polling choice with a different structure. Vehicles enter the voting area, typically a large individual tent, one at a time. A clerk checks each voter’s photo ID and has them sign a roster before handing over a sanitized voting machine.

More importantly, the county said, drive-thru voting was approved by the Texas secretary of state’s office before being adopted and was used, without objection, in the July primary runoff election.

Reform Austin also covered this, with a focus on Harris County’s response, so go check that out. This is another reason why we need comprehensive legislation, at both the state and national levels, to clarify, affirm, and assert the right to vote, and to explicitly ratify different methods to expand voting access. If nothing else, that is needed to ward off future bullshit lawsuits like these.

As for this one, I maintain my belief that SCOTX is unlikely to do anything radical. You are free to freak out as you see fit over either of these.

UPDATE: Here’s the Chron story on this.

UPDATE: If you participated in drive-through voting and want to intervene in this federal lawsuit, fill out this form.

One last, desperate attempt to kill drive-though voting

These guys really suck. Not much more can be said.

A new challenge to Harris County’s drive-thru voting sites, filed by two GOP candidates and a Republican member of the Texas House, asks the state Supreme Court to void ballots “illegally” cast by voters in cars.

That could put more than 100,000 ballots at risk, drawing sharp criticism from Democrats and raising fears among voters, including those with disabilities and others who were directed into drive-thru lanes as a faster method of voting.

[…]

One of the unsuccessful challenges was filed by the Republican Party of Texas. The second was from the Harris County GOP, activist Steven Hotze, and Sharen Hemphill, a GOP candidate for district judge in Harris County. Neither petition sought to void votes.

That changed with the latest petition filed shortly before 11 p.m. Tuesday by Hotze, Hemphill, GOP congressional candidate Wendell Champion, and state Rep. Steve Toth, R-The Woodlands.

The new petition asks the all-Republican Supreme Court to confiscate memory cards from voting machines at drive-thru locations and reject any votes cast in violation of state election laws.

The petition argues that drive-thru voting is an illegal expansion of curbside voting, which state law reserves for voters who submit a sworn application saying they have an illness or disability that could put them at risk if forced to enter a polling place.

“Hollins is allowing curbside/drive-thru voting for all 2.37 million registered voters in Harris County. This is a clear and direct violation of his duties,” the petition argued.

But Hollins has said drive-thru voting is just another polling place with a different layout and structure, and that it was approved by the Texas secretary of state’s office before being adopted.

Vehicles form lines and enter the voting area one at a time, where a clerk checks each voter’s photo ID, has them sign a roster and hands over a sanitized voting machine. Voting typically takes place in large individual tents, and poll watchers can observe the processing of voters no differently than in traditional voting locations, Hollins has argued.

See here for the previous entry. As I said yesterday, I just don’t believe the Supreme Court will do this. It’s such a drastic step to take, it’s punitive towards a lot of voters who had every reason to believe they were doing something legal, it would be an enormous partisan stain on the court and the justices, four of whom are on the ballot themselves, and as I said if the court felt such an outcome was in play, they could have clearly signaled it earlier to minimize the effect on the voters. Maybe I’m naive, or willfully blind. This just seems like a bridge way too far. I guess we’ll find out.

Win one, lose one at SCOTX

The win:

Early voting in Texas can begin Oct. 13, following the timeline the governor laid out months ago, the Texas Supreme Court ruled Wednesday, rejecting a request from several top Texas Republicans to limit the timeframe for voters to cast their ballots.

In July, Gov. Greg Abbott ordered that early voting for the general election in Texas begin nearly a week earlier than usual, a response to the coronavirus pandemic. But a number of prominent Republicans, including state party Chair Allen West, Agriculture Commissioner Sid Miller and several members of the Texas Legislature, challenged that timeframe in September, arguing that Abbott defied state election law, which dictates that early voting typically begins on the 17th day before an election — this year, Oct. 19.

Abbott added six days to the early voting period through an executive order, an exercise of the emergency powers he has leaned into during the virus crisis. The Republicans who sued him argued this was an overreach.

The state’s highest civil court, which is entirely held by Republicans, ruled that the GOP officials who sued challenging Abbott’s extension waited until the last minute to do so, when he had already extended early voting in the primary election and announced he would do the same for the general months ago. Chief Justice Nathan Hecht noted also that the election is already underway.

“To disrupt the long-planned election procedures as relators would have us do would threaten voter confusion,” he wrote in the opinion.

See here and here for some background, and here for the opinion. After noting that Abbott has “issued a long series of proclamations invoking the Act as authority to address the impact of the COVID-19 pandemic on a wide range of activities in the State” since his disaster declaration in March, the Court notes that the relators (the fancy legal name for “plaintiffs” in this kind of case) took their sweet time complaining about it:

Relators delayed in challenging the Governor’s July 27 proclamation for more than ten weeks after it was issued. They have not sought relief first in the lower courts that would have allowed a careful, thorough consideration of their arguments regarding the Act’s scope and constitutionality. Those arguments affect not only the impending election process but also implicate the Governor’s authority under the Act for the many other actions he has taken over the past six months. Relators’ delay precludes the consideration their claims require.

The dissent argues that relators acted diligently because they filed their petition in this Court four days after they received an email confirming that the Harris County Clerk intended to comply with the Governor’s July 27 proclamation. But relators’ challenge is to the validity of the proclamation, not the Clerk’s compliance.16 Relators could have asserted their challenge at any time in the past ten weeks. The dissent also argues that the Court has granted relief after similar delays. But none of the cases the dissent cites bears out its argument.17

Moreover, the election is already underway. The Harris County Clerk has represented to the Court that his office would accept mailed-in ballots beginning September 24. To disrupt the long-planned election procedures as relators would have us do would threaten voter confusion.

[…]

Mandamus is an “extraordinary” remedy that is “available only in limited circumstances.”20 When the record fails to show that petitioners have acted diligently to protect their rights, relief by mandamus is not available.21 The record here reflects no justification for relators’ lengthy delay.

The “dissent” refers to the dissenting opinion written by Justice John Devine, who was all along the biggest cheerleader for the vote suppressors. I have no particular quibble with this opinion, which seems correct and appropriate to me, but the grounds on which the mandamus is denied are awfully narrow, which gives me some concern. The Court may merely be recognizing the fact that there are several outstanding challenges to Abbott’s authority to use his executive powers in this fashion, relating to mask and shutdown orders as well as election issues, and they may simply want to leave that all undisturbed until the lower courts start to make their rulings. That too is fine and appropriate, but I can’t help but feel a little disquieted at the thought that maybe these guys could have succeeded if the timing (and their lawyering) had been better.

That ruling also settled the question of counties being able to accept mail ballots at dropoff locations during the early voting process – the relators had demanded that mail ballot dropoff be limited to Election Day only. None of this is related to the issue of how many dropoff locations there may be, which is being litigated in multiple other lawsuits, four now as of last report. We are still waiting on action from those cases.

On the negative side, SCOTX put the kibosh on County Clerk Chris Hollins’ plan to send out mail ballot applications to all registered voters in Harris County.

The state’s highest civil court ruled Wednesday that Hollins may not put the applications in the mail. The documents can be accessed online, and are often distributed by political campaigns, parties and other private organizations. But for a government official to proactively send them oversteps his authority, the court ruled.

“We conclude that the Election Code does not authorize the mailing proposed by the Harris County Clerk,” the court wrote in an unsigned per curiam opinion.

The Republican justices sent the case back to a lower court in Harris County to issue an injunction blocking Hollins from sending the mailers.

The county has already distributed the applications to voters who are at least 65, who automatically qualify for absentee ballots, and has also begun sending out the applications to other voters who requested them. An attorney for Hollins estimated last week that the county would send out about 1.7 million more applications if the court allowed.

See here and here for some background, here for a statement from Hollins, and here for the unanimous opinion, which is longer than the one in the first case. The Court goes into the many ways in which the Legislature has expressed its intent that most people should vote in person, and then sums up its view Clerks getting creative:

Hollins’ mass mailing of ballot applications would undercut the Secretary’s statutory duty to “maintain uniformity” in Texas’ elections, the Legislature’s “very deliberate[]” decision to authorize only discrete categories of Texans to vote by mail, and its intent that submission of an application be an action with legal gravity.43

Authority for Hollins’ proposed mass mailing can be implied from the Election Code only if it is necessarily part of an express grant—not simply convenient, but indispensable. Any reasonable doubt must be resolved against an implied grant of authority. Mass-mailing unsolicited ballot applications to voters ineligible to vote by mail cannot be said to be necessary or indispensable to the conduct of early voting. Even if it could be, doubt on the matter is certainly reasonable and must be resolved against recognizing implied authority. We hold that an early voting clerk lacks authority under the Election Code to mass-mail applications to vote by mail. The State has demonstrated success on the merits of its ultra vires claim.

I’ve discussed my views on this before, when the appeals court upheld the original order, and I don’t have anything to add to that. I agree with Michael Hurta that this case will be cited in future litigation that aims to limit what Texas localities can do to innovate, which is what Hollins was doing here. It’s basically another attack on local control, and as I replied to that tweet, it’s another item to the Democrats’ to do list when they are in a position to pass some laws.

I hate this ruling for a lot of reasons, but that right there is at the top of the list. The Court based its ruling in part on the fact that Hollins was doing something no one else had thought to try – “all election officials other than Hollins are discharging this duty in the way that they always have”, they say as part of their reasoning to slap Hollins down” – and while I can see the logic and reason in that, we’re in the middle of a fucking pandemic, and sometimes you have to step outside the box a bit to get things done in a manner that is safe and effective. I get where the Court is coming from, and I admit that allowing County Clerks to experiment and freelance has the potential to cause problems, but it sure would have been nice for the Court to at least recognize that Hollins’ actions, however unorthodox they may have been, did not come out of a vacuum. Clearly, the fact that the arguments in this case were heard via Zoom didn’t sink in with anyone.

On a practical level, I don’t know how many people would have voted via absentee ballot who would not have otherwise participated. Some number, to be sure, but I really don’t think it’s all that much. It’s the principle here, one part making it harder to vote and one part keeping the locals in line, that bothers me. As has been the case so many times, we’re going to have to win more elections and then change the laws if we want some progress. You know what to do. The Chron has more.

Paxton opposes Hotze mandamus to curb early voting

From Reform Austin:

In a brief filed with the Texas Supreme Court, Texas Attorney General Ken Paxton argues that the GOP group suing Gov. Greg Abbott to prevent him from extending early voting for the November election has no standing and has failed to prove any harm.

Conservative activist Steve Hotze and a long list of high-profile Texas Republicans claim Abbott is violating Texas election law and overstepping his authority without first consulting with the Texas Legislature.

Paxton counters that delegation of powers is both necessary and proper in certain circumstances.

“The Legislature properly exercised its delegation power when it enacted the Disaster Act because it contains adequate standards to guide its exercise,” Paxton’s brief reads. “It sets parameters for what constitutes a disaster, provides a standard for how the governor is to declare one, places limits on his emergency powers, and specifies when the disaster ends.”

See here for the background. A copy of the Paxton brief is here. The introduction is worth a read:

To the Honorable Supreme Court of Texas:

Relators direct their petition at the Secretary of State, even though they do not allege that she has undertaken or threatened to undertake any unlawful action. Neither the Governor’s July 27 proclamation (“the Proclamation”) nor the Election Code imposes any ministerial duty on the Secretary. And the provisions of the Election Code concerning early voting are administered by county election officials, not the Secretary of State. Although the Election Code designates the Secretary as Texas’s “chief election officer,” this Court has long held that does not give her generalized enforcement power over every provision of the Election Code. Moreover, the Proclamation independently binds each county’s early-voting clerk, so any mandamus issued against the Secretary would not remedy Relators’ grievances. Indeed, granting the relief Relators seek would have no impact at all—which makes this petition nothing more than a request for an advisory opinion.

Relators’ merits arguments are similarly misguided. They raise multiple constitutional challenges to the Disaster Act, but none is properly before this Court because the Disaster Act delegates no power to the Secretary. And in any event, the Governor’s discretion and authority under the Disaster Act are cabined by reasonable standards, so it is a lawful delegation of legislative power, and the July 27 Proclamation is a proper exercise of that delegated power.

Relators waited two months to file this mandamus petition, yet they ask this Court to “alter the election rules on the eve of an election.” Republican Nat’l Comm. v. Democratic Nat’l Comm., 140 S. Ct. 1205, 1207 (2020). They are not entitled to relief.

Well, now we know where Ken Paxton’s line in the sand is: He’ll value the Governor’s executive power over a challenge to voting rights. Well, he’ll value this Governor’s executive power over a challenge to this Governor’s use of that executive power to enhance voting rights. Good enough for these purposes, I suppose.

Other court documents related to this writ are here. There are now documents available relating to the latest Harris County writ as well, which you can find here. Responses to that are due today at 4 PM. Have I mentioned lately that I will be happy to ease up on all the legal blogging? Please get me past this election, that’s all I ask.

Hotze and crew appeal to SCOTX to stop the extra week of early voting

Here we go again.

Republican Gov. Greg Abbott is facing a lawsuit over his extension of early voting for the November election from prominent members of his own party — including state party Chairman Allen West, Agriculture Commissioner Sid Miller and members of the Texas Legislature.

In July, Abbott added six days to the early voting period, moving the start date up to Oct. 13 from Oct. 19, citing the coronavirus pandemic. In the lawsuit, filed Wednesday with the state Supreme Court, Abbott’s intra-party critics say the move defied election law that requires early voting to start on the 17th day before the election.

It is the latest legal challenge to Abbott’s emergency powers, which he has wielded aggressively in dealing with the pandemic.

“Governor Abbott seems to have forgotten that the Texas Constitution is not a document that he consults at his convenience,” Jared Woodfill, a lawyer for the plaintiffs, said in a statement. “It is an uninterrupted charter of governmental structure that limits the Governor Abbott’s ability to act as a king.”

The plaintiffs argue Abbott needs to consult the Legislature before making such decisions and that “if ever a special session was justified, now is the time.”

One of the plaintiffs is Steve Hotze, the Houston conservative activist who has launched several lawsuits against Abbott’s coronavirus response that has seen minimal success so far. But in the latest lawsuit, he is joined by not only West and Miller, but also three state senators and four state representatives, as well as the chairman of the Harris County party, Keith Nielsen, and the Republican National Committeeman from Texas, Robin Armstrong.

West, who took over the state party this summer, has openly expressed disagreement with aspects of Abbott’s coronavirus handling, including his statewide mask mandate and the early voting extension. West seemed to telegraph the lawsuit Tuesday, saying in a statement that he would be partnering with Hotze to make election integrity a “top priority.” West said in the same statement that he opposes the “extension of early voting through the decree of a single executive instead of through the legislative process.”

[…]

In addition to making the early voting period longer for the November election, Abbott gave voters more time to turn in their mail-in ballots in person if they choose to do so. Usually those voters are permitted to submit their ballots to the early voting clerk’s office in person instead of mailing them in — but only while polls are open on Election Day. Abbott’s expanded that option to the entire early voting period.

The lawsuit filed Wednesday additionally seeks to stop the extended period for submitting mail ballots in person, also calling the move inconsistent with the election code.

Before we go on, I should note that what was filed was not a lawsuit but a writ of mandamus. Hotze and a smaller crew of jackals had already filed a lawsuit in Travis County district court about a month ago. I presume this writ was filed because they weren’t going to get a ruling in time, and everything is an emergency as far as Hotze is concerned.

The Chron adds some detail.

In the 40-page petition filed Wednesday, the Republicans wrote that the extension was unlawful because the Texas Election Code defines the early voting periods as “the 17th day before election day … through the fourth day before election day,” and the time for in-person submission of mail-in ballots as “only while the polls are open on election day.” The petition seeks to force Secretary of State Ruth Hughs to stick to the timelines in the law.

Hotze has filed a number of lawsuits aimed at Abbott’s COVID-19 emergency orders; in the early voting suit, he again alleges that Abbott does not have the authority, even during a disaster, to suspend laws through executive order. Instead, he says, Abbott should have convened the Legislature.

“If ever a special session was justified, now is the time,” the petition states. “Abbott’s Executive Orders are unprecedented and have had life and death implications, destroyed small businesses and family’s livelihoods, have had a crippling effect on every single community, and now have the ability to impact local, state and national elections. As long as this Court allows it to occur, one person will continue to unilaterally make these decisions under the guise of an unconstitutional statute.”

The lawmakers involved in the suit are state Sens. Charles Perry, Donna Campbell and Pat Fallon and state Reps. Bill Zedler, Cecil Bell, Jr., Steve Toth and Dan Flynn. Additional relators include former state Reps. Matt Rinaldi, Rick Green and Molly White; Harris County Republican Party Chair Keith Nielson; and several other candidates and Republican group leaders.

This story notes the earlier lawsuit. Of interest is the larger group of legislators that have joined in, which distinguishes this action from earlier Hotze/Woodfill joints. Perhaps the election of Allen West, who is as bananas as Hotze, has lent an imprimatur of establishment approval to this kind of rogue action. That said, this is the Hotze clown car we’re talking about, so of course there’s some unintentional comedy involved:

Never stop never stopping, Stevie.

Anyway. You know my opinion on all this – there are some legitimate questions buried under the mountains of palaver, but they are being asked by the worst possible people. I think there’s a strong case to be made that the very nature of our biennial legislature, which is not paid as an occupation but as a temp gig, makes this claim about calling special sessions impossible. It’s just not something that the system is designed to accommodate. My guess is that SCOTX will give this the same reception as they’ve given all of Hotze’s other writs and motions during the COVID times, but you just never know. And I can’t wait to see how Ken Paxton responds to this.

On a side note, this comes as Steve Toth, yet another froth-at-the-mouth type, officially announced that he is unfriending Abbott, which by itself isn’t that interesting but lends some fuel to the speculation that Abbott is going to get a challenger from the far wingnut right in 2022. All I can say to that is that we damn well better have a good candidate ready and waiting for whoever survives that mud fight.