Texas Election Integrity Act - Ban on Ballot Harvesting Upheld

Detected February 13th, 2026

Summary

The Fifth Circuit Court of Appeals has upheld Texas's ban on paid ballot harvesting, reversing a lower court's decision. This ruling allows the state to enforce provisions of the Texas Election Integrity Act that criminalize compensated vote delivery services, aiming to prevent fraud and coercion.

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What changed

The United States Court of Appeals for the Fifth Circuit has ruled in favor of Texas Attorney General Ken Paxton, reversing a federal district court's injunction against the state's ban on paid ballot harvesting. The court found that the provisions within the Texas Election Integrity Act, specifically Senate Bill 1, which criminalize providing vote harvesting services for compensation, are constitutional and do not violate the First Amendment or contain unconstitutionally vague language. This decision allows Texas to enforce its ban on compensated vote delivery, particularly in the context of mail-in voting, to enhance election integrity.

This ruling means that individuals or organizations offering paid services to collect and deliver votes for candidates or measures in Texas are now subject to criminal penalties. Regulated entities, particularly those involved in election administration or political campaigning, should review the specifics of Texas SB 1 and ensure compliance with the ban on compensated vote harvesting. While the ruling is a victory for election integrity proponents, it may face further legal challenges. Non-compliance could lead to criminal charges and significant fines.

Source document (simplified)

Attorney General Ken Paxton secured a major victory for election integrity as the United States Court of Appeals for the Fifth Circuit reversed a federal district court ruling that had blocked enforcement of Texas’s ban on ballot harvesting under the Texas Election Integrity Act.

In 2021, the Texas Legislature passed Senate Bill 1 (“SB 1”) to strengthen election integrity, protect ballot secrecy, and reduce the risk of fraud—especially in the mail-in voting context, where fraud risks are higher and harder to detect. The law specifically targets professional, compensated vote harvesting, making it a crime to knowingly provide or offer to provide “vote harvesting services” in exchange for compensation or other benefit when the activity is intended to deliver votes for a specific candidate or measure. This type of activity is now banned when it is conducted in person and in the physical presence of an official ballot or a voted mail ballot.

On the eve of the 2024 election, a district court declared the section of SB 1 that bans paid vote harvesting unconstitutional and enjoined its enforcement. Attorney General Paxton immediately requested that the Fifth Circuit stay that decision pending appeal, which it did. Now, the Fifth Circuit has reversed the district court’s judgment, holding that Texas’s paid vote harvesting ban is fully constitutional, as it is consistent with the First Amendment and does not contain any unconstitutionally vague provisions.

“Texas will not allow our election system to be exploited with paid ballot harvesting schemes that threaten ballot secrecy and invite coercion and fraud,” said Attorney General Paxton. “This is a huge win for Texas voters and for secure, honest elections. We fought hard to keep common-sense protections in place, and I will continue to do everything in my power to defend the integrity of our elections.”

Attorney General Paxton has led a years-long legal battle to defend Texas election integrity laws and set the standard for election integrity defense nationwide. Attorney General Ken Paxton has previously successfully defeated an attempt to challenge Texas’s requirement that voters put their ID number on mail-in ballots and vote-by-mail applications. Attorney General Paxton will continue to defend laws that protect lawful voters, deter fraud, and ensure Texans can trust election outcomes.

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