So then what is your take on what is going on it Texas? The State Leg is the only branch that has issue with the Harris County votes and the GOP is trying to get them thrown out as we speak. Which side the argument wins for you the "State Leg has the right to make the rules" or "dont change the rules later" because in this case you can't use both.
So, the Texas dispute, if I understand it correctly, is actually a really interesting one. If someone has some corrections to my facts, let me know as that could change my opinion, but I think I understand the dispute.
By the way, the Texas dispute also illuminates what I was talking about earlier, which is that we run into problems when we have Clerks and other government officials who just decide, perhaps with good intent, to make up new rules.
Here is what I understand has happened in Harris County.
Texas election law says that you must cast a ballot at a "voting station" in a "polling place." However, you can request a "curbside ballot" if you suffer from a disability that would limit your ability to access the polling station without assistance, or if doing so exposes the voter to a likelihood of injury.
The Harris County elections clerk, probably due to Covid, decided on his own to erect a series of drive thru "tents" where people can drive up and presumably fill out or drop off their ballot. Many, many people have already done so.
Some Republicans in Texas have challenged the votes cast in these tents as votes not cast in compliance with Texas election law. Basically, the argument centers around whether these tents, with the personal cars in them, are a "polling place" or "voting station" under Texas law, and that further, if they are, then the County is not complying with other rules that govern voting stations, such as a rule that persons be in there alone (except for a minor child or interpreter.)
Is that what you understand the factual dispute and arguments to be?
It sounds like the Texas Supreme Court rejected these arguments and will allow the votes to be counted, although apparently there is a federal court case where the same arguments will be heard this week.
So again, this is a "problem" that is created by a bureaucrat deciding, on his or her own, how things should be done when they really didn't have the authority to do so.
But that said, I would probably rule (if I were in charge) that the votes should count, for these reasons:
1. I would guess that the terms "voting station" and "polling place" are defined broadly enough, or could be interpreted broadly enough, to allow voting in these tents, so long as the county is regulating or keeping watch over these tents in the same way as they might inside a high school gym.
2. Since the law allows a request for a "curbside" ballot if there is a "likelihood of injury" I assume that a judge could conclude that participating in the drive thru process constitutes a "request" and that possible covid infections in large crowds meets the "likelihood of injury" requirement, although I confess I have no idea what Texas law requires for purposes of either a "request" or proving "likelihood of injury." But my guess is its a pretty low standard, and in the past anyone who has asked for a curbside ballot has probably been given one.
3. I don't think the arguments that the personal cars, in the tents, are not properly treated as voting stations goes anywhere because I doubt that when people request a curbside ballot they are denied if someone else happens to be in the car.
But, I admit it'll be interesting to see which way the final court decisions go on this issue.
