5th Circuit Court of Appeals rules Paxton can resume ballot harvesting investigation

Texas Attorney General Ken Paxton can continue investigating alleged ballot harvesting, the 5th Circuit Court of Appeals ruled Tuesday.

The ruling overturned a previous decision from September that said Texas’s Senate Bill 1’s restrictions on certain voter outreach efforts were unconstitutionally vague and restricted free speech. Paxton had appealed that decision.

Ballot harvesting is an act by a third party to collect voters’ ballots and deliver them to polling locations. Republicans, such as former President Donald Trump, have condemned the practice in the past.

The law will be in effect until the appeal is denied or granted. The legislation aims to make sure anyone who offers vote harvesting services in exchange for compensation could be guilty of a third-degree felony. The law would likely make organizers of voter outreach groups or volunteers liable.

The ruling is a win for Paxton, who, along with other Republicans in the state, has aimed to retain the law because it could prevent voter fraud.

“Blocking our ability to investigate certain election crimes would have been a serious disruption to the electoral landscape with only a month left before Election Day,” Paxton said in a Friday statement.

Progress Texas, a progressive rapid response media organization supporting Vice President Kamala Harris, has condemned Paxton for “voter suppression.”

“Voter suppression like Ken Paxton’s attempts to silence and intimidate voters has no place in our democracy,” the group said in a post on X. “Your vote is your voice, and it’s almost time to use it—Visit http://GoVoteTexas.org and make a plan to vote starting Oct. 21st.”

Several organizations, such as the American Civil Liberties Union of Texas, have filed lawsuits against provisions of the law. However, none of those cases have been ruled on yet. The ACLU of Texas celebrated when the law was initially struck down, saying, “This is a win for voting rights in the state and for the organizations that help keep elections accessible.”

While Republicans haven’t always agreed with ballot harvesting, Republican National Committee Co-Chairwoman Lara Trump told the Washington Examiner earlier this year, “We need to be doing legal ballot harvesting — something that has never been done by the RNC, but I can promise you will be a huge part of what we’re planning to do.”