Texas Attorney General Ken Paxton has been granted authority to continue investigating alleged vote harvesting efforts through the upcoming November elections, following a decision by the U.S. Fifth Circuit Court of Appeals on Tuesday.
The ruling comes as part of the ongoing legal battle over S.B. 1, the 2021 Texas voting law, which includes a controversial provision allowing Paxton’s office to investigate suspected illegal vote harvesting practices.
The three-judge appellate court’s decision temporarily reverses an earlier ruling by U.S. District Judge Xavier Rodriguez, who had ordered a halt to the vote harvesting provision, citing concerns that it was overly vague and restricted free speech. Rodriguez pointed to confusion over what qualifies as illegal vote harvesting under Texas law, siding with plaintiffs who argued that the lack of clarity created a chilling effect on voter outreach.
The provision under scrutiny classifies vote harvesting as a third-degree felony, punishable by up to 10 years in prison and $10,000 in fines. It broadly defines “vote harvesting services” as any in-person interaction with voters intended to influence their support for a particular candidate or measure while in the presence of a ballot.
Judge James Ho, writing for the appellate court, noted that the provision had been in place for over three years before Rodriguez’s ruling, indicating support for Paxton’s argument that it is vital to preventing illegal election activities. The temporary stay will remain in effect until a full appeal of the law is either granted or denied.
