The U.S. Court of Appeals for the Fifth Circuit ruled to uphold a Texas law banning paid in-person ballot harvesting, overturning a previous decision by a federal district court that had blocked the measure. As a result of the ruling, the law can now take effect immediately.
The case centers on a provision within Texas Senate Bill 1, a broad election reform law passed by Texas lawmakers in 2021. Specifically, Section 276.015 of the Texas Election Code prohibits individuals from providing or offering “vote harvesting services” in exchange for payment. The law defines these services as in-person interactions involving ballots with the purpose of collecting or delivering votes for a particular candidate or political measure.
Several voting-rights organizations challenged the law, arguing that the language was too vague and violated the First Amendment. They claimed the provision could discourage legitimate political speech and prevent volunteers from assisting voters, particularly those who rely on help with mail-in ballots, such as elderly or disabled individuals. A federal district court agreed with these concerns and issued an injunction preventing Texas officials from enforcing the provision.
However, the Fifth Circuit unanimously rejected those arguments. Writing for the panel, Judge Edith H. Jones stated that the lower court had made an error by striking down the statute and blocking its enforcement. She also emphasized that the injunction violated principles of sovereign immunity, which limit the authority of federal courts to impose certain restrictions on state governments.
