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Opening Arguments

Bonus: Harris County Update, Good News!

Opening Arguments

Opening Arguments Media LLC

Law, Opinion, Politics, News, Liberal, Legal, Supremecourt, Harvard, Atheist

4.33.7K Ratings

🗓️ 3 November 2020

⏱️ 18 minutes

🧾️ Download transcript

Summary

This is an emergency mini-episode in which Andrew breaks down all the events surrounding Hotze v. Hollins, which is the case involving Republican efforts to throw out 127,000 early votes in Harris County, Texas – which has nearly five million people and includes almost all of the city of Houston.  It’s (mostly) good news, and we go through all the appellate stuff, too.  Stay an Optimist Prime today!

Links:

  1. Hotze v. Hollins order by District Court Judge Hanen.
  2. Plaintiff’s request for emergency relief in the 5th Circuit.
  3. News story re: 7 Pennsylvania counties that won’t count mail-in votes on Election Night

Transcript

Click on a timestamp to play from that location

0:00.0

Hey, everybody. This is Andrew. We are not going to have the opportunity to cover all of the late breaking cases.

0:08.0

As I record this at about 1 a.m. on Tuesday, election day, November the 3rd. This is also going to be completely unedited for the same reasons.

0:22.0

But I really, really wanted to get a quick breakdown out for you guys in hot hot versus hot versus hollins, which is the

0:37.0

Harris County Texas case that you might have seen in the news. So I'm going to give you kind of a quick recap on what's happened because a lot of things broke over the weekend and very, very

0:51.0

late Monday night. And I think this is highly illustrative of the kinds of tactics that we are seeing the Republican Party in desperation trying to put into practice.

1:04.0

Let me be clear and let me cut to the punchline first if you voted in Harris County, Texas. And parenthetically, Harris County, Texas is the largest county in Texas.

1:20.0

It has over 16% right. It's got one sixth of the population of the state of Texas, 4.7 million people. I mean, this has pretty much all of Houston in it. You know, if you're, if you're thinking like, Oh, a county. Yeah, this is almost, I mean, like I said, it's 4.7 million people.

1:44.0

And here's what happened. The top election official in Harris County, Chris Hollins, right, the Harris County clerk put two policies into place. One of them.

1:57.0

And that's the live puppy say, I'd a lily everybody. Anyway, one of those policies that Collins put into place, set up, drive through curbside voting, early voting in Harris County.

2:13.0

And our best estimates are 127,000 people availed themselves of early voting curbside in Harris County.

2:28.0

And the major goal of the Republican Party was, and I'm not making this up to throw those votes away.

2:38.0

Now, we know why they wanted to throw those votes away because those votes are very likely overwhelmingly democratic. And as of this morning, the polling average in Texas is under 2% right. It's Trump plus about 1 and a half.

2:54.0

So throwing at us 60, 70, 80,000 vote margin for Democrats is a pretty good strategy if you were totally evil.

3:05.0

So here's the bottom line, the good news. You may have heard over the weekend that the Texas State Supreme Court rejected plaintiff's efforts to get those ballots thrown out.

3:20.0

I want to tell you that the federal district court in the US District Court for the District of Texas Southern Division, this is Judge Andrew S. Hannon, one of the most conservative judges on that court, also denied plaintiffs that relief.

3:39.0

So what that means is if you voted curbside drive through in Harris County, your vote will count. I'm going to talk about the appeal. I'm going to talk about all of everything else. I'm going to work through the procedures.

3:54.0

But I wanted to get to the punchline first, your vote will count. You don't have to go in person. You don't have to worry about being in the zone of uncertainty, your vote counts. And that's an unambiguously good thing.

4:11.0

Now, the second thing Collins did was set up drive through curbside voting in Harris County for today for election day.

4:22.0

And Hannon's opinion also declined to grant relief on that as well. However, his opinion goes through, and here let me kind of break down the legal analysis a little bit.

4:40.0

By the way, both of these, the Judge Hannon's opinion and plaintiffs emergency petition to the fifth circuit, which is essentially their appeal are up on the opening arguments website.

4:55.0

And we've linked them out from our Twitter accounts. You can read the underlying documents back to my thought. So for each of the two policies that Collins put into place in Harris County,

5:08.0

the court judge Hannon said question number one, do plaintiffs have standing in order to seek an injunction, getting them the relief that they want.

...

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