Texas Attorney General Ken Paxton can continue his investigation into so-called vote-harvesting scandals until the November election, a U.S. appeals court announced Tuesday, but critics of the ruling say the state's voters have no right to vote. There are concerns that this will have a chilling effect on support rates and voter turnout.
A three-judge appellate court for the 5th U.S. Circuit Court of Appeals on Tuesday ruled against SB 1, the Texas Voting Act of 2021, including a provision in the law that would allow Paxton's office to continue investigating allegations of illegality. A temporary suspension was granted for some of the cases. Vote-gathering efforts will continue at least until the November 5th election.
According to the appellate court's decision, the suspension will continue until a full appeal against the law is granted or dismissed.
Their decision temporarily overturns a ruling handed down by U.S. District Judge Xavier Rodriguez late last month. Rodriguez supported the plaintiffs' argument that the provision is too vague and limits free speech, and ordered the immediate suspension of SB1's vote-harvesting provisions.
He also acknowledged that there is “widespread confusion” about what constitutes illegal vote harvesting in Texas.
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A voter (left) wearing a protective mask and gloves signs documents during a drive-through mail-in ballot. Texas Attorney General Ken Paxton speaks at the annual Conservative Political Action Conference on February 23, 2024. (Sergio Flores/Bloomberg via Getty Images | Mandel NGAN/AFP)
Paxton had vowed to immediately appeal the decision, arguing that the vote collection component of SB 1 is critical to protecting the integrity of Texas elections and preventing voter fraud. .
“With only a month left until Election Day, blocking our ability to investigate certain election crimes would have caused serious disruption to the election landscape,” Paxton said at the time.
Still, the vaguely defined scope of vote harvesting has led some advocacy and voter support groups in Texas to discourage canvassing and volunteer work, citing concerns about being drawn into raids. Other in-person election events have been canceled entirely and volunteers have been provided with supplies. Any food or transportation that could be considered “compensation” is illegal by law.
Justice James Ho wrote to the three-judge Court of Appeals on Tuesday, noting that the provision in question had been in the works for “over three years” before a federal judge's ruling last month, and that Mr. Paxton's It seems to support the claim.
Still, the plaintiffs in the lawsuit argue that confusion remains about vague language around vote harvesting, which has a chilling effect on volunteer activity in the state.
This is due, in part, to the harsh penalties for individuals convicted of crimes classified under SB 1 as third-degree felonies.
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An individual who offers, offers, or receives any “compensation or other benefit” for so-called vote collection services can be convicted of a third-degree felony in SB 1, punishable by up to 10 years in prison and Penalties include up to $10,000. With a fine.
According to the text of the law, a “vote collection service” includes “a service in the physical presence of an official or postal ballot for the purpose of delivering votes for a particular candidate or policy. It includes “direct interaction with a person or voters.” .
Paxton's office previously said:secure elections It is the foundation of our republic. ”
His office's Election Integrity Division conducted searches in three South Texas counties in August as part of an ongoing investigation that did not allow authorities to gather enough evidence to obtain a proper search warrant. It is said that it was carried out only after the
But the plaintiffs allege that his office used this provision to conduct illegal “voter raids” against advocacy groups and organizers in Texas.
Poll workers sort through early and absentee ballots at Kenosha City Hall on Election Day. (AP Photo/Wong Maye-E, File)
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Juan Proaño, CEO of the League of United Citizens of Latin America (LULAC), one of the plaintiffs in the case, lamented the ruling and said in an interview on Tuesday that his group would appeal all the way to the Supreme Court. need.
“This is truly terrifying for our community,” Proagno told SB1's Fox News, noting that the provision has already had a “significant” chilling effect on voters and advocacy groups in Texas. did. They argue that it is unfair and is being used as a potential tool. About voter suppression.
“There is absolutely no data that actually shows that non-citizens are participating in the electoral process,” he said, adding that LULAC “symbolizes election integrity.”
”Therefore, we intend to continue the case all the way to the Supreme Court if necessary. ”
