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Fifth Circuit Upholds Texas Ban on Paid Ballot Harvesting

Relying on Brnovich, the panel permitted Texas to enforce the 2021 ballot‑harvesting ban.

Overview

  • Judge Edith H. Jones wrote the 26-page opinion reversing a district court ruling that had blocked enforcement of the statute.
  • The law makes it a crime to accept compensation for in-person interactions conducted in the physical presence of an official ballot to influence votes for a candidate or measure.
  • The panel rejected vagueness and First Amendment challenges, finding key terms understandable and the restriction narrowly tailored to prevent intimidation and fraud.
  • The court ruled the Texas attorney general and secretary of state are not proper defendants under sovereign-immunity principles, though local district attorneys remain parties.
  • Voting-rights plaintiffs can seek rehearing or petition the U.S. Supreme Court, as Texas officials and the RNC publicly celebrated the decision.