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Appeals Court Upholds Regional Election Restrictions Despite Opposition

| Source: Fox News | 3 min read

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5th Circuit upholds Texas ban on paid ballot harvesting, overturning lower court

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Appeals Court Upholds Regional Election Restrictions Despite Opposition

Appeals Court Upholds Regional Election Restrictions Despite Opposition

A federal appeals court in the southern region has reportedly upheld controversial legislation restricting paid ballot collection activities, overturning a lower court decision that had blocked the measure on constitutional grounds, according to court documents.

The 5th Circuit Court of Appeals, in what observers describe as a significant ruling for the state’s post-2020 election reforms, issued a 26-page opinion reversing a district court that had previously struck down portions of the 2021 election law. The contested provision allegedly criminalizes compensation for in-person voter assistance during mail ballot completion, with critics arguing the measure targets legitimate voter outreach efforts.

Under the statute, individuals reportedly commit a criminal offense if they knowingly provide “vote harvesting services” in exchange for compensation or benefits. Local authorities define these services as in-person interaction with voters in the physical presence of official ballots, allegedly intended to influence voting outcomes for specific candidates or measures.

The legislation appears to target paid political operatives who reportedly conduct door-to-door campaigns, assist voters with mail ballot requests and completion, and collect completed ballots while potentially advising or pressuring voters during the marking process, according to court filings.

Supporters of the measure argue that paid ballot collection creates opportunities for coercion and fraud, particularly in mail-in voting scenarios where election officials are not present to monitor activities. Opposition groups, however, contend that organized ballot assistance represents legitimate voter mobilization strategies and that such restrictions disproportionately impact elderly and minority citizens who rely on assistance returning their ballots.

Judge Edith H. Jones, writing for the appellate panel, reportedly criticized the lower court for invalidating the law before implementation and for relying on what the court characterized as “speculative hypotheticals.” The district court had previously ruled the statute unconstitutionally vague and in violation of First Amendment protections, issuing an injunction that barred state officials and several local prosecutors from enforcement.

The appeals court disagreed with this assessment, according to the ruling. On constitutional vagueness claims, the panel reportedly determined that terms such as “compensation or other benefit” and “physical presence” carry commonly understood meanings that juries can interpret. The court emphasized that the statute requires individuals to act “knowingly,” which allegedly narrows its application scope.

The judges indicated the law clearly applies to “prevent paid partisans from haranguing [citizens] while they fill out their mail ballots,” according to the opinion.

Regarding First Amendment challenges, the panel reportedly applied a balancing test commonly used in election law cases, determining that state authorities possess compelling interests in preventing voter intimidation and fraud while preserving public confidence in electoral processes. The opinion heavily referenced the nation’s highest court’s 2021 decision in Brnovich v. Democratic National Committee, which upheld similar restrictions in a southwestern state and recognized unique fraud risks in mail-in voting systems.

Even under the most stringent constitutional review standards, the appeals court concluded that the regional law is reportedly narrowly tailored because it applies only to paid, in-person conduct directly involving ballots, rather than unpaid volunteers or general political advocacy activities.

The ruling also addressed procedural matters, determining that certain state officials were not proper defendants under sovereign immunity principles, though local prosecutors who indicated enforcement intentions absent an injunction may remain as parties to the case.

Observers describe the decision as a significant victory for state officials defending post-2020 election reforms and note it reinforces a broader trend in federal courts granting states considerable latitude to regulate election procedures. Voting rights organizations involved in the litigation may reportedly seek rehearing or petition the nation’s highest court for review of the case.

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