Texas circuit court upheld ban on paid ballot harvesting. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)
Supporters of the measure say paid ballot collection creates opportunities for coercion or fraud, particularly with mail-in voting, where election officials are not present. Opponents argue organized ballot assistance is a legitimate get-out-the-vote strategy and that restrictions disproportionately affect elderly and minority voters who rely on help returning ballots.
Judge Edith H. Jones, writing for the panel, said the lower court improperly invalidated the law before it had even taken effect and relied on speculative hypotheticals.
The district court had ruled the statute was unconstitutionally vague and violated the First Amendment, issuing an injunction that barred the Texas attorney general, secretary of state and several district attorneys from enforcing it.
TEXAS PASSES CONSTITUTIONAL AMENDMENT EXPLICITLY PROHIBITING NONCITIZEN VOTING
The 5th Circuit disagreed.
On the vagueness claim, the panel said terms such as "compensation or other benefit" and "physical presence" have common meanings that juries can understand. The court also emphasized that the statute requires a person to act "knowingly," which narrows its reach.
The judges said the law clearly applies, for example, to "prevent paid partisans from haranguing Texas citizens while they fill out their mail ballots."
Supporters of the measure say paid ballot collection creates opportunities for coercion or fraud, particularly with mail-in voting, where election officials are not present. (AP Photo/John Bazemore)
The ruling also addressed procedural issues, concluding that the Texas attorney general and secretary of state were not proper defendants under sovereign immunity principles. However, local district attorneys who indicated they would enforce the law absent an injunction can remain parties to the case.
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The decision marks a significant win for Texas officials defending the state’s post-2020 election reforms and reinforces a broader trend in federal courts giving states wide latitude to regulate election procedures.
Voting rights groups involved in the lawsuit could seek rehearing or ask the U.S. Supreme Court to review the case.
https://www.foxnews.com/politics/5th-circuit-upholds-texas-ban-paid-ballot-harvesting-overturning-lower-court