Fifth Circuit Upholds Texas Paid Ballot Harvesting Ban

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled on February 12, 2026, that Texas's prohibition on paid ballot harvesting is constitutional, overturning a lower federal court's injunction and allowing the state to enforce the measure immediately.

The decision reinstates a key provision of Senate Bill 1, a 2021 election law that criminalizes providing compensation for in-person vote harvesting services. Under the statute, such services involve direct interactions with voters in the presence of a ballot, with the intent to influence or deliver votes for a specific candidate or measure. Violations are classified as felonies, punishable by up to 10 years in prison and fines of up to $10,000. The law targets paid operatives collecting or handling mail-in ballots but exempts volunteers and certain unpaid assistance, such as from family members or caregivers.

In a unanimous opinion written by Circuit Judge Edith H. Jones, the panel concluded that the provision is neither unconstitutionally vague nor a violation of the First Amendment. The court emphasized Texas's compelling interest in safeguarding elections from fraud, coercion, and undue influence,...