Potter County GOP Sues for Statewide Hand Count
A federal lawsuit filed in October asks a court to order a manual count of all Texas ballots cast in the November midterm election.
Updated on Nov. 9, 2026 in Elections
Live Poll
Do you trust that electronic voting machines count votes accurately in your state?
The Potter County Republican Party and its chair filed a federal lawsuit naming Elections Administrator Christy Benge, seeking a hand count of all Texas ballots cast in the Nov. 3 midterm election. The suit does not accuse Benge of wrongdoing or allege that any past county results were altered.
Why it matters
The request would extend a manual audit far beyond the state's required sample, testing how courts weigh concerns about electronic voting systems against existing audit rules. Texas votes must be canvassed by next Tuesday, which leaves little time for the court to act before results are certified.
Texas law requires counties to hand count 1% of votes or at three polling locations, whichever is greater, against a preliminary statewide total of about 9.9 million ballots. The lawsuit seeks a far larger manual count, and the court has not yet ruled on whether it can proceed.
The players
Potter County Republican Party
The county affiliate of the Texas Republican Party, which brought the lawsuit seeking a statewide manual ballot count.
Christy Benge
Potter County Elections Administrator named as the defendant in the federal suit over hand counting.
Scott Brumley
Potter County Attorney who was authorized to represent Benge and filed a motion to dismiss the lawsuit.
The details
The Potter County Republican Party and chair Dan Rogers filed the suit at the end of October and asked Judge Matthew Kacsmaryk to order a manual count of paper records or ballots before votes are canvassed. The lawsuit argues that a limited audit of a small fraction of ballots is an insufficient safeguard against AI interference by foreign or domestic actors. The Potter County Commissioners' Court authorized County Attorney Scott Brumley to represent Benge, who has filed a motion to dismiss citing lack of standing. The Democratic Senatorial Campaign Committee, Democratic Congressional Campaign Committee, NAACP Texas State Conference, and League of Women Voters of Texas have moved to intervene as defendants.
Timeline
End of October 2026: Potter County Republican Party files federal lawsuit.
Nov. 3, 2026: Midterm election is held.
Monday, Nov. 9, 2026: Commissioners' Court authorizes Brumley; Brumley files motion to dismiss.
Friday, Nov. 13, 2026: Potter County scheduled to canvass votes.
Tuesday, Nov. 17, 2026: Texas canvass deadline.
Political Context
Texas law sets a limited hand-count audit of 1% of votes or three polling locations per county, and this suit asks a federal court to exceed that statutory framework statewide. The Democratic committees and voting-rights groups seeking to intervene represent the principal opposition to the expanded audit.
If the court grants the request, Texas counties could face a much larger manual count that delays certification of election results. Voters should watch for official canvass announcements from their county election offices.
The takeaway
Election audits balance accuracy against cost and timing, and this case tests whether a federal court will expand that balance during an active canvass. Readers should follow county canvass results as the court weighs the request.
What happens next
The court's ruling on the motion to dismiss and any preliminary injunction request will determine whether a manual count proceeds before the Nov. 17 canvass deadline.
Further reading
Explore more on Elections coverage across Texas.
Source note: This article includes information reported by Amarillo Tribune.
Live Poll
Do you trust that electronic voting machines count votes accurately in your state?
