The Texas Supreme Court ordered Dallas County to separate ballots cast after 7 p.m. Tuesday, throwing the validity of those votes into question, after a district court judge had previously ordered polls to remain open until 9 p.m. The decision came amid reports of widespread voter confusion stemming from changes in voting location rules and a surge in voters being directed to the wrong polling places.
The legal battle unfolded as voters experienced significant difficulties throughout Election Day. Dallas County Democratic Party Chair Kardal Coleman filed an emergency petition Tuesday, alleging that confusion over precinct-specific voting locations and issues with the county’s elections website had caused widespread disruption. Coleman argued that the county election department’s website had crashed due to the volume of traffic, and requested an extension until 9 p.m. To allow voters time to reach their assigned polling locations. A district court judge initially granted the extension.
Though, the Texas Attorney General’s office intervened, arguing that the lower court had not properly notified their office of the proceedings. The state’s highest court subsequently issued a ruling blocking the extension, and directing Dallas County to segregate any ballots cast by voters who arrived after 7 p.m. The court issued a similar order for two polling locations in Williamson County, where voting hours were likewise extended by a separate court order until 10 p.m.
The changes in Dallas and Williamson counties eliminated centralized voting locations, a practice that had become common in recent years. This shift to precinct-level voting appeared to be a key factor in the confusion experienced by voters. Some voters were turned away from polling places, even as others were forced to cast provisional ballots, according to Texas Democratic Party Executive Director Terri Burke.
The situation prompted concern from Democratic candidates. U.S. Rep. Jasmine Crockett and state Rep. James Talarico had both publicly called for extending voting hours in Dallas and Williamson counties. At a watch party, Crockett stated, “We will not know election results tonight,” reflecting the uncertainty created by the court’s actions.
Despite the Supreme Court’s order, Dallas County Judge Clay Jenkins indicated on social media that the county would release results already counted, signaling that polls had effectively closed. He also stated that voters who had been in line before 7 p.m. Would still be allowed to vote. The Texas Supreme Court stated that voting should occur only as permitted by the Texas Election Code and that votes cast by voters who were not in line at 7 p.m. Should be separated.
