Ballot Harvesting Ban Back in Texas

February 16, 2026

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Federal appeals court delivers crushing blow to ballot harvesting schemes, securing Texas elections against fraud just in time for Trump’s America.

Story Highlights

Fifth Circuit unanimously reverses lower court, reinstating Texas ban on paid vote harvesters who pressure voters over mail ballots.
Judge Edith Jones slams district judge’s “judicial myopia” and serial litigation by left-leaning groups.
Victory bolsters election integrity post-2020, protecting against coercion and vote-buying in unsecured mail voting.
Law targets only compensated partisans, sparing unpaid volunteers and non-ballot advocacy.
Precedent reinforces states’ rights to secure elections ahead of 2026 midterms.

Court Reverses Injunction on Texas SB1 Provision

On February 12, 2026, the U.S. Court of Appeals for the Fifth Circuit issued a unanimous 26-page opinion overturning a district court’s permanent injunction against Texas Senate Bill 1’s ban on paid ballot harvesting. The provision prohibits compensated individuals from conducting in-person interactions with voters in the physical presence of mail ballots to influence votes for specific candidates or measures. The three-judge panel, including Reagan appointee Edith H. Jones, rejected arguments of vagueness and First Amendment violations. Texas demonstrated a compelling interest in preventing mail ballot fraud, coercion, and intimidation. The ruling reinstates felony penalties for violators and dismisses some state officials on sovereign immunity grounds, leaving local district attorneys to enforce the law.

Huge win for @GovAbbottPress @KenPaxtonTX | Fifth Circuit Upholds Texas Ban on Paid Ballot Harvesting in Major Election Integrity Win https://t.co/rfm1z8oW9T

— Ben Smith (@BenSmithDC) February 13, 2026

Background Roots in 2020 Election Reforms

Texas enacted Senate Bill 1 in 2021 following the 2020 election controversies and COVID-19 mail voting surge. Lawmakers codified the paid harvesting ban amid concerns over fraud risks like undetected vote-buying and coercion without election observers. Mail ballots remain unsecured after voters mail them, heightening vulnerabilities. Prior Texas restrictions existed, but SB1 strengthened penalties to felony levels. The law distinguishes paid services from unpaid volunteer efforts or general advocacy, focusing narrowly on partisan in-person pressure near ballots. This aligns with Supreme Court precedent in Brnovich v. DNC, which upheld Arizona’s limits on ballot collection and affirmed states’ authority over election rules.

Stakeholders and Judicial Clash

Texas Attorney General Ken Paxton and the Secretary of State defended SB1 to prevent fraud and restore voter confidence through post-2020 reforms. Voting rights groups, including the Southwest Voter Registration Education Project and League of Women Voters, challenged the law, claiming it restricts access for minorities, elderly, and disabled voters. District Judge Xavier Rodriguez, a George W. Bush appointee, struck it down as unconstitutionally vague and overbroad. The Fifth Circuit’s conservative panel countered that real-world jury interpretations would clarify applications, prioritizing fraud prevention over hypotheticals. Local district attorneys remain key enforcers post-ruling.

Ruling Details and Judge Jones’ Sharp Rebuke

Judge Jones authored the opinion, declaring the law curtails activities that incentivize vote fraud and intimidation. She criticized the district court’s “judicial myopia” for ignoring Texas’s election integrity needs amid serial litigation by opponents. The court cited Supreme Court warnings that vote-buying schemes prove harder to detect in mail voting. Plaintiffs’ First Amendment claims failed against the state’s interests. The decision takes immediate effect, with the case remanded for procedural matters. No en banc rehearing appears scheduled, though a Supreme Court petition remains possible.

Fifth Circuit Upholds Texas Ban on Paid Ballot Harvesting in Major Election Integrity Win – RedState https://t.co/mSJf78u8Rp

— John Larson (@JohnLarson2204) February 13, 2026

Impacts Bolster Conservative Election Safeguards

Short-term, Texas enforces the ban before 2026 midterms, deterring paid operatives and enhancing public trust in elections. Long-term, it sets precedent for GOP-led states to restrict paid mail assistance, building on Brnovich and countering unsecured voting risks. This win advances limited government deference to states on elections, frustrating globalist efforts to dilute sovereignty through loose rules. Nationwide, it constrains voting nonprofits’ paid strategies and encourages similar integrity laws.

Watch:
https://youtube.com/shorts/XH9-dotQkkM?si=n1I1MdY5E3YSu7p2