A pair of voting rights organizations filed a lawsuit Sunday seeking an emergency court order to extend early voting in Harris County past Tuesday after severe weather forced the closure of polling locations in the runoff election for Texas’ 18th Congressional District.
The Harris County Elections Department closed all early vote centers for the CD-18 special runoff election on Sunday and Monday, citing hazardous winter weather. In a statement, the department said the closures were a precaution to protect voters and election workers as freezing conditions affected the region. Early voting was slated to end Tuesday, and Election Day is Jan. 31.
“The safety of voters, election workers, and staff must come first,” Harris County Clerk Teneshia Hudspeth said in the statement, adding that the decision was made in coordination with state and local emergency management officials. The clerk’s office said it would continue to monitor conditions and provide reopening plans as weather improves.
The Harris County Clerk’s Office has not yet responded to a request for comment regarding the lawsuit.
The suit was filed by Houston Justice and Pure Justice, two Houston-based advocacy organizations, against Harris County, the Harris County Commissioners Court, the county clerk, and members of Commissioners Court in their official capacities. The plaintiffs are asking a district judge to order additional early voting hours later this week to compensate for the lost voting time.
The Texas Civil Rights Project is representing the two organizations.
“Texas’ 18th Congressional District has gone without representation for far too long. Our democracy should not be further limited by extreme weather. Voters in Harris County spent the weekend as many Texans did, ensuring their families and homes were safe ahead of freezing temperatures. Harris County has a responsibility to the voters of Congressional District 18 to ensure that early voting be extended so they can safely cast their special election ballots,” said Rochelle Garza, president of the Texas Civil Rights Project.
The organizations argue that canceling two days of early voting violates the Texas Election Code, which requires extended and consecutive hours at early voting locations during the final days of early voting in a special election. They also cite the federal Help America Vote Act, which allows courts to extend voting hours when elections are disrupted by emergencies like severe weather.
In the lawsuit, the organizations say without court intervention, voters in CD 18, which has gone almost a year without representation in Congress, could be effectively disenfranchised, particularly if weather conditions or other barriers prevent them from voting on the remaining early voting day or on Election Day, Jan. 31.
Early voting for Sunday was canceled on Saturday in anticipation of the freeze and the danger of icy roads; Monday was canceled later in the day. Many businesses and school districts took similar precautions as the forecasts were uncertain about specifics but showed a significant degree of risk for Sunday and Monday. As sometimes happens, the actuality was not as bad as it might have been, but the two days of voting were nonetheless lost.
The Press adds some details.
Menefee, the former Harris County attorney, released a statement saying he is “100 percent” supportive of the legal action to extend early voting.
“Governor Abbott delayed for months before calling this election for the 18th Congressional District,” Menefee said. “Now a storm has knocked out two of the seven days of early voting. That’s not right. Folks in TX-18 have already gone nearly a year without a voice in Congress. We shouldn’t have to settle for just five days to vote early in such an important election.”
Edwards, a former Houston City Council member, also said she agrees with the civil action filed to extend the dates. She said in a statement that the changes to the early voting schedule were made in addition to “deliberate voter confusion, racial gerrymandering and the governor’s intentional delays.”
“This district has waited long enough to get its voice and its vote back,” she said.
The advocacy nonprofit groups Pure Justice and Houston Justice are named as plaintiffs. County Clerk Teneshia Hudspeth, County Judge Lina Hidalgo and each of the four Harris County commissioners are named as defendants because they made the decision to close polling locations.
Menefee said Texas law does not allow local election officials to extend voting days on their own.
“You have to get a court order just to do what makes sense,” the candidate wrote in his statement. “That’s why this lawsuit matters. It’s about making sure people have the time and opportunity to vote.”
A copy of the lawsuit is embedded in that story. Note that last bit right there – this is the only remedy available. As I write this, a hearing is scheduled for the early afternoon, and a quick ruling is expected. Assuming the plaintiffs win, I would expect that will be the end of it, as I don’t see any of the defandants being interested in appealing, and I don’t think anyone who might want to throw that wrench in the works would have standing. I’ll post an update when we know the outcome. Here’s the statement from the Texas Civil Rights Project, and Democracy Desk has more.
UPDATE: As noted, I began this post before the hearing. The request was granted.
A Harris County district judge granted an emergency court order Monday extending early voting in the runoff election for Texas’ 18th Congressional District after severe winter weather forced the closure of polling places Sunday and Monday.
The order requires Harris County to open all early voting locations from 7 a.m. to 7 p.m. Wednesday and from noon to 7 p.m. Thursday, restoring the voting hours lost when polls closed because of hazardous weather conditions.
[…]
During the hearing, Harris County Attorney Jonathan Fombonne said the county was not opposing the request, noting that Texas law requires a court order to add early voting days and that the clerk’s office was prepared to comply.
“I think she anticipated that a lawsuit like this would be filed,” Fombonne said, referring to County Clerk Teneshia Hudspeth. He told the court that the proposed Wednesday and Thursday voting schedule was reasonable and would make up for the hours voters lost due to weather-related closures.
[…]
Under the judge’s order, all ballots cast during the added early-voting hours will be provisional ballots, as required under the federal Help America Vote Act when courts extend voting periods. Those ballots will be verified and counted if voters are found to be eligible.
So there you have it. You may vote on Wednesday or Thursday (noon to 7 PM only for Thursday) in addition to Saturday the 31st. The Trib has more.
I’m relieved that both candidates are behind the extension of early voting. I went in to take advantage of it, and ended up casting the first provisional ballot of my life – a bit of a surprise since I’ve been registered at and living in the same house for decades (I did have to reel myself in from saying WTAF in so many words).
It took way more time to deal with all of the provisional ballot theater than it did to actually vote. Fortunately, one party, one candidate election that it is, everyone was in good humor about it.