The Texas Supreme Court late Tuesday ordered Dallas County to separate any votes cast by voters who were not in line by 7 p.m., temporarily blocking a district court judge’s order for the polls to remain open.
The court issued its ruling after the Texas Attorney General’s office intervened, arguing the lower court did not properly notify the office.
The temporary order creates new uncertainty on whether votes cast by people who arrived after 7 p.m. will be part of the final tally.
Dallas County Judge Clay Jenkins acknowledged the decision on social media and said the county would release results already counted, a sign that polls had closed.
“If you have been in line since before 7pm you can still vote,” he wrote.
Voting hours in Dallas County were extended until 9 p.m. after voters were turned away at polls due to changes in voting location rules.
Paxton filed a second, similar request to the state Supreme Court after a judge in Williamson County extended voting hours at two locations until 10 p.m., asserting the county also did not properly notify his office.
The extensions came after Texas Senate Democratic candidates U.S. Rep. Jasmine Crockett and state Rep. James Talarico said they would request extending voting hours in Dallas and Williamson counties.
This year, Republicans in Dallas and Williamson counties eliminated centralized voting locations, which had become a common practice.
As a result, voters — Democratic and Republican — were required to cast ballots at their assigned neighborhood polling places, instead of centralized sites as in previous elections.
“Both Dallas and Williamson county voters have grown accustomed to countywide voting, including on election day,” the Dallas congresswoman said in a statement. “This effort to suppress the vote, to confuse and inconvenience voters is having its intended effect as people are being turned away from the polls.”
Crockett added: “We are monitoring the situation and working with our local county party to explore all solutions, including an extension of election day voting hours.”
The Texas Democratic Party urged voters in those counties to confirm their assigned polling location before heading out to vote. Hundreds of voters had been turned away due to the change, according to the party.
Talarico, an Austin Democrat and Crockett’s primary rival, said in a statement that he was “deeply concerned about the reports,” and called for an extension of voting hours.
“We will continue to evaluate the situation on the ground and are calling for an extension of voting hours to ensure all Texans’ voices are heard in this critical election,” Talarico said.
