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Attorney General Ken Paxton Secures Major Win; Texas Election Integrity Law Banning Vote Harvesting Schemes Will Remain in Effect for November Elections
AUSTIN – Texas Attorney General Ken Paxton secured a stay from the U.S. Court of Appeals for the Fifth Circuit, enabling a key provision of Senate Bill 1, a Texas election integrity law, to remain in effect for the November 5, 2024, elections.
SB 1 increased safeguards to prevent ballot harvesting and instituted additional protections to strengthen election integrity. However, shortly before early voting was scheduled to start in Texas, a federal district court ruled that such provisions violate the First and Fourteenth Amendments. The judge also banned the Office of the Attorney General from opening investigations into potential violations.
Attorney General Paxton immediately appealed the ruling and obtained a temporary stay from the Fifth Circuit on October 4. He has now secured a full stay pending appeal from the Fifth Circuit, blocking the district judge’s injunction and permitting the Office of the Attorney General to conduct investigations into illegal vote harvesting.
The Fifth Circuit explained: “On the eve of elections in Texas, the district court has entered an injunction that impacts how ballots can be handled. It holds unconstitutional a law that has been on the books for over three years, but that the court did not see fit to enjoin until now. The Supreme Court has instructed lower courts not to unduly delay ordering changes to election law until the eve of an election.… We accordingly grant the State’s request for a stay of the injunction pending appeal.”
“We fought hard to ensure that the Texas laws protecting the ballot box will be in full force and effect this election season,” said Attorney General Paxton. “I will continue to do everything in my power to protect the integrity of our political process.”
To read the opinion, click here.
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