FILE - A line of cars drive in for an event encouraging community members to vote in the upcoming presidential election at an early voting site in Houston, Texas, U.S., Oct. 25, 2020.
FILE - A line of cars drive in for an event encouraging community members to vote in the upcoming presidential election at an early voting site in Houston, Texas, U.S., Oct. 25, 2020.

A group of Texas Republicans have lost one of two legal challenges they brought in the hope of halting drive-thru voting in Houston and having more than 120,000 votes thrown out.

In a brief order issued Sunday, the Texas Supreme Court denied a request by conservative activist Steven Hotze and others for an order that drive-thru voting violates Texas election law.

A nearly identical case brought by the same plaintiffs is pending in federal court. The judge assigned to that case has scheduled an emergency hearing for Monday morning.

"Tomorrow we will be in front of a federal judge who will have an opportunity to review the federal claims we have asserted," Jared Woodfill, a lawyer for Hotze, said in an e-mail.

Woodfill added that his clients may eventually take their fight to the U.S. Supreme Court.

Democratic-leaning Harris County, home to about 4.7 million people, is the third most populous county in the United States. It currently has 10 drive-thru polling sites, which are available to all voters.

Harris County Clerk Chris Hollins has called drive-thru voting a safe alternative to in-person voting during the coronavirus pandemic.

Texas, the second largest U.S. state, is traditionally Republican, but polls show a close race between President Donald Trump and Democratic nominee Joe Biden with more than 9 million ballots already cast, eclipsing the state's total turnout from the 2016 presidential election.

Sunday's order came as little surprise after the state's supreme court on Oct. 22 denied a similar request to halt drive-thru voting, in a lawsuit filed by the Republican parties of Texas and Harris County.

U.S. District Judge Andrew Hanen in Houston is to hold an emergency hearing Monday in the federal court action brought by Hotze and other plaintiffs, who include state Representative Steve Toth, a Republican.

They want Hanen to direct officials to halt drive-thru voting and reject the roughly 127,000 ballots that have already been cast at 10 drive-thru voting sites.

The request to void votes is "wholly unreasonable," Democratic groups, including the Democratic Congressional Campaign Committee, said Friday in a motion asking to intervene in the case.

"Plaintiffs ask this Court to throw Texas's election into chaos by invalidating the votes of more than 100,000 eligible Texas voters who cast their ballots at drive-thru voting locations at the invitation of county officials and in reliance on the Texas Supreme Court's decision to allow drive-thru voting to proceed," the groups said.?

What Happens Next?

What It Means to Become President-Elect in the US

In the United States, Democrat Joe Biden is being called the president-elect.

President-elect is a descriptive term not an official office. As such, Biden has no power in the government, and he would not until he is inaugurated at noon on January 20, 2021.

American news networks, which track all of the vote counting, determined on November 7 that Biden’s lead had become insurmountable in Pennsylvania, putting him over the 270 electoral votes needed to be president. Within minutes of determining his lead was mathematically assured, they projected him as the winner.

That is why news organizations, including VOA, are calling Biden the "projected winner."

Sometimes, in the case of particularly close elections, when news networks make this call, the other candidate does not concede victory. President Donald Trump has not done so, alleging voter fraud without substantial evidence and vowing to fight on. The president’s position has left Washington lawmakers divided, with Republicans backing a legal inquiry into allegations of vote fraud, even as they celebrate other congressional lawmakers who won their races.

When will the dispute be resolved?

The U.S. election won’t be officially certified for weeks. In the meantime, court challenges and state recounts could occur.

So far, the Trump administration has not provided evidence for any fraud that could overturn the result, but there is still time for more legal challenges.

Once states have certified the vote, pledged electors then cast their votes in the Electoral College in mid-December. Congress then certifies the overall Electoral College result in early January, about two weeks before Inauguration Day.