Texas Supreme Court allows Harris County to count 2,000 votes after Election Day extension

The Texas Supreme Court ruled Tuesday that Harris County can count more than 2,000 votes cast during an extended voting period on Election Day.

Harris County, Texas’ most populous county, experienced a shortage of ballots and problems with voting machines at some polling places on Election Day, prompting a judge to extend the hours from 7 p.m. to 8:00 p.m., an hour after state law said the polls must close.

Texas Attorney General Ken Paxton’s office had challenged that order in a petition Monday.

The state Supreme Court ruled Tuesday that the votes can be counted, but also said the votes would have to be segregated to determine whether votes cast after 7 p.m. would change the outcome of the races.

“As part of the request, respondents are directed to identify separately in the vote tabulations the number of ‘subsequently cast votes’ for each candidate in each race and for or against each proposition, so that that the candidates, the parties, and this Court may ascertain whether the “subsequently cast votes” would be determinative of the outcome and so that the parties may assess the extent to which new litigation is warranted,” the state Supreme Court ruled.

FILE PHOTO: A voter sits on a bench outside a polling station in Texas.
(Callaghan OHare/Bloomberg via Getty Images)

Harris County Prosecutor Christian Menefee tweeted that more than 2,000 votes were cast after the original deadline of 7 p.m.

Paxton’s office did not immediately respond to a request for comment Tuesday.

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Harris County Commissioners met Tuesday afternoon to certify the election.

Several polling places in Harris County did not open until about 7 a.m. on Election Day, including the BakerRipley House in downtown Houston, which did not open for more than four hours because officials lost a key. according to Houston Public Media.

FILE PHOTO: People walk to vote at the Moody Community Center in Houston, Texas.
(Brandon Bell/Getty Images)

There were also reports of ballot shortages and insufficient staffing at some of Harris County’s 782 polling places.

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Texas Governor Greg Abbott asked the Texas Secretary of State, Attorney General and Texas Rangers to investigate Election Day issues in Harris County, saying “integrity in the election process is essential.”