A rule change for primary voting in two Texas counties created mass confusion Tuesday that eventually led to a state Supreme Court ruling, threats of more legal action and the potential that an untold number of voters could find themselves disenfranchised.
The chaos had the most direct potential impact on the Democratic primary for U.S. Senate. The county with the greatest number of affected voters includes Dallas and is the home base for Rep. Jasmine Crockett, an outspoken critic of President Donald Trump who was in a tight race with state lawmaker James Talarico.
Crockett told supporters Tuesday night that the race can’t be settled without the results from Dallas County.
“I can tell you, people were disenfranchised,” she said.
The unfolding chaos — first over the new voting rules, and then over the court decisions and whether late ballots would be counted — stemmed from a change by local Republicans that is unique to Texas' primary system, but also hinted at the type of uncertainty that many have feared lies ahead for November's midterm elections.
A Republican change to the primaries leads to ‘severe’ confusion
The problems in Texas began when voters in two counties — Dallas and Williamson, north of Austin — were turned away at polling locations and directed to different precincts after a recent change in how the primary is conducted.
In Dallas County, a judge ordered polls to remain open for two hours past the scheduled 7 p.m. closing time, citing “voter confusion so severe” that it caused the website of the county election office to crash. The judge was acting on a petition filed by the local Democratic Party in a heavily left-leaning county. Democrats in Williamson said they succeeded in getting two precincts to stay open late.
Later in the evening, the Texas Supreme Court acted on requests by the Texas attorney general's office and stayed both decisions. Its brief orders said ballots cast by voters in both counties who were not in line by the 7 p.m. scheduled close of polls should be separated. The number of ballots affected could not immediately be determined.
Renea Hicks, a longtime Texas appellate lawyer, said the Supreme Court’s action was preliminary and does not say whether the ballots will eventually be counted. That’s something the court will have to sort out in the coming days, he said.
“That doesn’t mean ‘throw them away.’ It doesn’t meant they won’t count,” he said. “We don’t know what it means.”
In both counties, voters had been allowed to cast their ballot anywhere in their county for years. But for this primary, the local Republican parties opted against countywide voting. State law says both major parties have to agree to the countywide system for it to be in effect.
That meant that on Tuesday all voters could cast ballots only at their assigned precinct.
Voters separated by party
Both Crockett and Talarico denounced the effect of the change on voters, with Crockett saying it was an "effort to suppress the vote." Talarico's campaign aid it was "deeply concerned" about the reports of voters showing up at polling locations and being sent elsewhere. He told supporters later that evening, as ballots were still being tallied, that every vote must be counted.
Adding to the confusion was the fact that voting locations also might be specific to someone’s party affiliation, said Nic Solorzano, a spokesperson for the Dallas County Elections Department.
“We’re seeing a lot of people that are going to their vote centers that they usually go to ... and not realizing they can’t do that anymore. They have to go to their precinct-based location,” he said.
The extensions in Dallas applied only to Democratic voting precincts. Voting also was extended for an hour in El Paso County after problems with voter check-in systems earlier in the day.
Attempt to inform voters
Texas was one of three states kicking off the 2026 midterm elections Tuesday, along with North Carolina and Arkansas. Voting otherwise went fairly smoothly, except for a problem with electronic poll books in one rural North Carolina county that prompted the state elections board to delay the release of statewide results by an hour.
Tomas Sanchez, a student at Dallas College, was among those who showed up at a voting location on campus to cast his ballot in Texas' Democratic primary. But he was under a “mistaken impression” and told that he needed to vote at his assigned precinct, a location about 6 miles (about 10 kilometers) away and closer to his neighborhood.
“This is something that we were really concerned about, honestly,” Solorzano said. He added that after nearly seven years of voters being able to cast their ballots anywhere in the county, “then we kind of had to retool our entire operation to go back to precinct-based voting for Election Day.”
The county elections department has been putting up signs, running ads and sending text messages and mailers to make people aware of the change. On Election Day former poll workers were stationed outside voting locations with tablets to help people find the correct place to cast their ballot.
Voters turned away by the hundreds
While Solorzano said his department was not keeping track of how many people were been turned away, local Democrats said the number was significant.
Brenda Allen, executive director of the Dallas Democratic Party, said her offices were swamped by hundreds of calls from voters of both parties trying to find their precincts. She noted that congressional districts in the county also were remapped in Texas' mid-decade redistricting and that new precinct lines were only finalized in December, leaving little time to inform voters.
“Lots of reports of people being turned away, hundreds of people unable to vote. Both parties are affected by this,” Allen said. “It’s not great.”
In Williamson County, the local Democratic Party headquarters was slammed by calls, executive director Madison Dickinson said.
“We’re having significant problems with the precinct-level voting,” she said, adding that, like in Dallas, even Republicans were confused by the change and were calling the Democratic Party for help.
Republicans were less vocal about the changes online, although the Dallas County Republican Party posted a link showing voters where to find their assigned polling places. The Williamson County Republican Party did not respond to a request for comment.
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Associated Press writers John Hanna and Jonathan J. Cooper contributed.
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