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Tarrant County judge denies temporary injunction to restore polling sites

A Tarrant County judge denied a request for a temporary injunction to reopen some polling sites after the county announced plans to eliminate dozens of Election Day voting sites for the upcoming midterm elections.

The ruling came after a hearing Tuesday in a lawsuit filed by a group of voters against Tarrant County and four county officials.

The four plaintiffs, all women of color who live in Tarrant County, allege that the plan to close voting sites was specifically meant to make it harder for racial minorities to vote on Election Day. Many of the eliminated voting sites are in neighborhoods with high Black or Hispanic populations, and were used by tens of thousands of voters for the 2022 midterms. The lawsuit claims the closures violate the Texas Constitution and the Tarrant County election code.

The Tarrant County Commission voted along ideological lines to approve plan on Sept. 1. Clint Ludwig, the administrator who oversees the county's elections, told commissioners he analyzed voter turnout from the 2022 midterms to come up with the number of polling sites needed. Ludwig said the sites that were eliminated were too close to other locations or were no longer available, and that the closures will save the county money.

Ludwig testified he did not get input from Black and Hispanic voters or any minority organizations before making the decision. He also said his office did not analyze how the cuts could impact minority voters.

County Judge Tim O'Hare said the change exceeds the statutory minimum for voting centers, and said that some locations were changed due to buildings no longer being operable and ADA requirements.

"Every voter deserves a safe, accessible location with secure equipment, and this plan does that," O'Hare said at the time.

Ludwig, O'Hare and the two other commissioners who voted to approve the plan, Manny Ramirez and Matt Krause, were named as defendants.

This temporary injunction means that no polling locations will be restored before election day.

But attorneys for the plaintiffs said the lawsuit still stands, meaning both sides will enter the discovery phase, then a full trial. But that won't happen for some time.

Deborah Peoples, one of the plaintiffs, said this decision sends a strong message to voters.

"The county did not prove any evidence that it wasn't discriminatory; in fact, they said they did not look at any evidence on the impact of minority voters," said Peoples. "So, I think, it sends a clear signal to minority voters, and poor voters across this county that people are trying to keep them from voting, and the way that we win is we go to the polls and we vote the entire ballot, and we come out in record numbers and we stay in line."

The county's attorney had argued that it wouldn't be possible to add additional sites before election day because of the preparation that needs to happen beforehand, such as testing machines and delivering them.

"He should have gotten guidance from the citizens, the registered voters," Peoples said. "He keeps referencing, there are five commissioners who sit on that court. There are almost a million people, registered voters, that he should have been trying to respond to and get their input."

CBS News Texas reached out to Ludwig, but he declined to comment and referred us to the county. CBS News Texas contacted the county and the district attorney's office but has not yet received a response.

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