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Judge refuses to restore 92 Election Day polling sites Tarrant County cut, days before early voting

A 96th District Court judge denied a temporary injunction sought by residents including council member Deborah Peoples; the county cut Election Day sites from 316 in 2022 to 224.

Renata Pennington

October 13, 20262 min read

Tarrant County Voting - illustration, Jake Team LLC

A state district judge on Tuesday refused to order Tarrant County to bring back 92 Election Day polling places that commissioners cut for the Nov. 3 midterm, leaving the county's reduced voting plan in place six days before early voting starts.

Judge Patrick Gallagher of the 96th District Court denied the temporary injunction sought by a group of residents that includes Fort Worth City Council member Deborah Peoples, NBC 5 and CBS News Texas reported. The reports did not detail the judge's reasoning or say whether the plaintiffs plan to appeal.

The plan being challenged

Commissioners approved the revised voting plan last month on a 3-2 party-line vote. It cuts Election Day sites from the 316 the county used in the 2022 midterm to 224. The suit names County Judge Tim O'Hare, the two Republican commissioners who voted for the cuts and Elections Administrator Clint Ludwig.

What each side argued

At Tuesday's hearing, attorneys for the plaintiffs said the closures were not spread evenly. They told the court the county first considered dropping 140 sites and restored 48 after public pushback, and that the remaining cuts land hardest on Black and Hispanic neighborhoods, some of which lost several polling places.

"This is not a coincidence; this is a pattern that repeats across the county," attorney Susan Hutchison said in her opening statement, according to NBC 5. The plaintiffs said they were not asking to delay the election and that there was still time to reopen sites with the required public notice.

County attorneys countered that reinstating locations now would mean finding buildings and holding the public meetings needed to approve them before early voting begins Monday, Oct. 19. "There is no possible order that this court could put down that the county would be able to comply with," one told the judge.

Ludwig, called as a witness by the plaintiffs, testified that roughly 1.3 million voters are registered in the county and that his review weighed turnout, overlapping sites and underused locations. He said race and ethnicity were not factors he looked at, and that he leaned partly on a survey done in 2019.

County leaders have said the plan improves efficiency and reflects lower turnout in nonpresidential years. Before the hearing, a strategist for O'Hare's reelection campaign called the lawsuit "a clear political stunt."

Sources

NBC 5 Dallas-Fort Worth

CBS News

CBS News

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Renata Pennington

Renata Pennington covers Fort Worth city hall, the council, and county government.

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