Briefnow
Mar 10, 2026

5th Circuit Upholds Texas Law Criminalizing Paid Ballot Harvesting

The U.S. Court of Appeals for the Fifth Circuit on Wednesday upheld Texas’s prohibition on paid in-person ballot harvesting, reversing a lower court injunction and allowing the law to take effect immediately.

Writing for a unanimous three-judge panel, Judge Edith H. Jones concluded that Senate Bill 1, enacted in 2021, is neither unconstitutionally vague nor in violation of the First Amendment. The opinion also held that the lower court erred by issuing an injunction against state officials in violation of sovereign immunity principles.

“The district court erred in facially striking down this provision and entering an injunction against state officials in violation of their sovereign immunity,” Judge Jones wrote. “Accordingly, the district court’s judgment is reversed.”

The decision reinstates enforcement of Section 276.015 of the Texas Election Code, which makes it a crime to provide or offer “vote harvesting services” for compensation. The statute defines those services as in-person interactions conducted in the presence of a ballot, with the intent to deliver votes for a particular candidate or measure.

The court rejected claims by left-leaning voting groups that the law was vague or chilled political speech. Judge Jones found that the statute “has a common-sense core of meaning” that any reasonable person can understand — namely, that paid operatives cannot collect or influence mail-in ballots in person.

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