Basically, the argument is that drive-through voting does not comply with the methods prescribed by the Texas Legislature in the Texas Elections Code, and thus violates the Elections and Electors Clauses of Articles I and II. They also argue that it violates the 14th Amendment's Equal Protection Clause because it was not adopted in any other Texas counties.
The plaintiffs made the same argument in the Texas Supreme Court, but the Supreme Court denied their petition.
The federal judge dismissed the case for lack of standing and because it was untimely. He also did not seem to agree on the merits, at least with regard to early voting. However, he commented that, had the plaintiffs had standing, he might grant an order preventing drive-through voting on election day, because the statute governing election day is different.
[The federal judge dismissed the case for lack of standing and because it was untimely. He also did not seem to agree on the merits, at least with regard to early voting. However, he commented that, had the plaintiffs had standing, he might grant an order preventing drive-through voting on election day, because the statute governing election day is different.]
I would think that if Harris County allows and operates drive in polling places, then all counties of Texas would be required to do the same. The State Legislature sets the uniform rules for elections in the State of Texas. County Judges (in Texas, “judges”, so called, are the county level executives). I believe that Harris County can’t do this without legislation.