A federal appeals court has ruled that Texas may enforce its ban on paid ballot harvesting, reversing a lower court decision that blocked the law.
In a February 12 opinion, the U.S. Court of Appeals for the Fifth Circuit said a district court “erred in facially striking down” part of Texas’ 2021 election law, Senate Bill 1.
The provision makes it a crime for someone to knowingly provide “vote harvesting services” in exchange for compensation or another benefit.
Under Texas law, vote harvesting services involve in-person interaction with a voter in the physical presence of an official ballot or a mail ballot, if the purpose is to deliver votes for a specific candidate or measure.
The law applies only to paid, in-person conduct directly involving a ballot. It does not apply to unpaid volunteers or general political advocacy.
Appeals Court Reverses Lower Ruling
A federal district court had previously ruled that the ballot harvesting provision was unconstitutional, finding it vague and a violation of the First Amendment.
The Fifth Circuit disagreed.
Writing for the panel, Judge Edith Jones said the lower court relied on “vague hypotheticals conjured up by the district court” and improperly blocked the statute before it had taken effect.
“A federal district court’s intrusion on a state’s constitutional prerogative cannot be supported by mere speculation,” Jones wrote.
The appeals court also rejected arguments that the statute’s key terms were unclear, stating the law contains a “common-sense core of meaning” that juries are capable of understanding.
Court Cites State’s Interest In Election Integrity
The Fifth Circuit said Texas has a compelling interest in protecting elections from fraud and intimidation, particularly in the context of mail-in voting.
The opinion cited Supreme Court precedent stating that “[f]raud is a real risk that accompanies mail-in voting.”
The court concluded that the law is narrowly tailored because it applies only to paid conduct directly involving a ballot and includes multiple knowledge requirements.
Paxton Responds
In a statement following the ruling, Attorney General Ken Paxton called the decision a victory for election integrity.
“Texas will not allow our election system to be exploited with paid ballot harvesting schemes that threaten ballot secrecy and invite coercion and fraud,” Paxton said. “This is a huge win for Texas voters and for secure, honest elections. We fought hard to keep common-sense protections in place, and I will continue to do everything in my power to defend the integrity of our elections.”
With the Fifth Circuit’s decision, Texas may now enforce the paid ballot harvesting ban.
