Case: In re Hotze

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 10/18/2020,

The issue in this case is whether Harris County Clerk Christopher Hollins (Respondent) is violating Texas Election Code § 84.012 by sending applications for mail-in ballots to over 2.37 million registered voters in Harris County regardless of whether the individual requested the application or has a “disability” under Texas Election Code § 82.002(a). Petitioners (Harris County Republican Party and two individuals) seek a writ of mandamus compelling the Harris County Clerk to send early applications to vote by mail only to individuals who request them in accordance with the Texas Election Code. See Tex. Elec. Code § 86.001. The Texas Supreme Court has original jurisdiction due to the nature of the case. Relators allege that Harris County has expanded curbside voting beyond the parameters of what is permitted in the Texas Elections Code. Relators allege that Tex. Elect. Code §§64.009, 82.02, and 104.001- 104.005, which permit curbside voting when voting inside the polling location would create a likelihood of injuring the voter’s health, do not apply to COVID. Relators seek for all memory cards tallying curbside votes to be removed and wiped.
 

The Court in an 9-1 split denied the writ of mandamus.