Texas Can Probe ‘Vote Harvesting’ Through Election Day, Appeals Court Rules

Texas Can Probe ‘Vote Harvesting’ Through Election Day, Appeals Court Rules

Texas Attorney General Ken Paxton can continue investigating allegations of so-called vote harvesting through the November elections, a U.S. appeals court said Tuesday. The three-judge appellate court for the U.S. Fifth Circuit Court granted a temporary stay for certain portions of S.B. 1, or the 2021 Texas voting law, including a provision that allows Paxton’s office to continue its investigations into alleged illegal “vote harvesting” efforts at least through the Nov. 5 elections. The stay will remain in place until a full appeal of the law is either granted or denied, according to the appellate decision. This decision temporarily overturns the ruling issued by U.S. District Judge Xavier Rodriguez late last month, which ordered an immediate halt to the vote harvesting provision of S.B. 1 due to its vagueness and potential restriction of free speech.

Critics argue that the provision has had a chilling effect on voter outreach and turnout in the state, as advocacy groups and voter outreach organizations have halted their canvassing and volunteering activities due to fears of being swept up in investigations or providing services that could be perceived as “compensation,” which is illegal under the law. The plaintiffs in the lawsuit, including the League of United Latin American Citizens (LULAC), plan to appeal the case all the way to the Supreme Court if necessary, citing concerns over voter suppression and the lack of data showing non-citizens participating in the election process.