It was filed by some conservative Republicans against Harris County clerk Chris Hollins over drive thru voting.
The suit, which has been submitted to the Texas Supreme court, wants those votes rejected and calls them illegal.
University of Houston political scientist Brandon Rottinghaus says "the likelihood is the court would not invalidate ballots that were cast through, what was then a legal process, even if it is the case they decide later on it shouldn't be legal."
He believes they will allow the ballots to be counted and cast. "The real question is what they want to be done with the ballots after they are collected and examined."
Just last week the state supreme court dismissed a similar suit over drive thru voting. Rottinghaus says changes that come this late are often rejected and could jeopardize faith in elections and be a problem for people who have already voted. "Last minute changes to elections can create confusion and definitely make people feel like the process isn't working fairly. This is an unusual election year and the stakes are very high."
Some 100 thousand people have utilized drive thru voting in Harris County.