The U.S. Court of Appeals for the Fifth Circuit ruled Wednesday to uphold a Texas law banning paid in-person ballot harvesting, reversing a lower courtās decision that had blocked the measure. The ruling allows the law to take effect immediately.
The case focused on a provision of Texas Senate Bill 1 (2021), a sweeping election reform law enacted by Texas lawmakers in 2021. One section of the law, Section 276.015 of the Texas Election Code, makes it illegal for individuals to provide or offer āvote harvesting servicesā for payment. The statute defines these services as in-person interactions involving a ballot with the intent of delivering votes for a particular candidate or political measure.
Several voting-rights groups challenged the provision in court, arguing that the law was vague and violated the First Amendment by discouraging political speech and lawful voter assistance. A federal district court previously agreed with these claims and issued an injunction preventing Texas officials from enforcing the rule.
However, the appeals court unanimously rejected those arguments. Writing for the panel, Judge Edith H. Jones stated that the lower court had made a mistake by striking down the statute and issuing an injunction against state officials. She explained that the order violated principles of sovereign immunity, which limit federal courtsā authority to impose certain restrictions on state governments.
The court also concluded that the law is not unconstitutionally vague. According to the opinion, the statute has a clear and common-sense meaning that reasonable people can understandāspecifically that paid operatives cannot collect or influence mail-in ballots in person.
Applying the AndersonāBurdick balancing test, the panel found that Texas has a legitimate and compelling interest in protecting voters from fraud and coercion, particularly in the context of mail-in voting. As a result, the court ruled the restriction constitutional and reinstated its enforcement.
