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Democrats think they can flip Texas. That’s what makes this election ruling huge.

As the U.S. Appeals Court just gave Texas game-changing election news.

Texas Attorney General Can Continue Investigation Into Vote Harvesting Amid Legal Challenges

Texas Attorney General Ken Paxton is set to continue investigating allegations of vote harvesting through the upcoming November elections, following a decision by the U.S. Fifth Circuit Court of Appeals. The court granted a temporary stay on certain provisions of the 2021 Texas voting law, S.B. 1, allowing Paxton’s office to pursue inquiries into alleged illegal vote harvesting until at least November 5.

This appellate decision temporarily reverses a ruling from U.S. District Judge Xavier Rodriguez, who had previously halted the vote harvesting provision of S.B. 1. Judge Rodriguez ruled that the provision was overly vague and infringed on free speech rights, acknowledging the “widespread confusion” regarding what constitutes illegal vote harvesting in Texas.

Paxton, arguing for the necessity of the vote harvesting component in maintaining election integrity, stated, “Blocking our ability to investigate certain election crimes would have been a serious disruption to the electoral landscape with only a month left before Election Day.”

However, the ambiguity surrounding the definition of vote harvesting has led many advocacy and voter outreach groups in Texas to suspend canvassing and other in-person election activities. Concerns over potential raids or accusations of providing volunteers with food or transportation — considered illegal compensation under the law — have prompted this caution.

In a statement regarding the appellate court’s decision, Judge James Ho indicated support for Paxton’s perspective, pointing out that the provision had been in place for over three years prior to Rodriguez’s ruling. Nevertheless, the plaintiffs in the lawsuit contend that the vague language of the law continues to create confusion, deterring volunteer efforts in the state.

The stakes are high, as violations of the vote harvesting provisions can lead to serious consequences. Under S.B. 1, individuals involved in vote harvesting may face third-degree felony charges, punishable by up to 10 years in prison and fines up to $10,000. The law defines “vote harvesting services” as any in-person interaction with voters in the presence of a ballot, aimed at delivering votes for specific candidates or measures.

Paxton’s office has emphasized the importance of secure elections, asserting that they are foundational to the republic. In August, the Election Integrity Unit conducted searches in three South Texas counties as part of their investigation, claiming that these actions were only taken after sufficient evidence had been gathered to secure search warrants.

Critics, however, accuse Paxton’s office of conducting illegal “voter raids” targeting advocacy groups and organizers. Juan Proaño, CEO of the League of United Latin American Citizens (LULAC) and a plaintiff in the lawsuit, expressed concerns about the ruling’s implications for voter outreach. He stated, “It’s really frightening to our community,” highlighting the significant chilling effect on both voters and advocacy groups in Texas.

Proaño emphasized the lack of data supporting claims that non-citizens participate in elections and reiterated LULAC’s commitment to election integrity. He vowed to continue legal challenges against S.B. 1, stating, “And so we will continue to litigate that all the way up to the Supreme Court, if we have to.”

Ballot Harvesting A Contentious Tactic In Latest Election Cycles

Conservatives who put a high premium on the most strict election integrity measures compared to Democrats argue that ballot harvesting is ripe for abuse, with some Republicans in California winning their congressional races until harvested ballots are counted at the last minute.

Many Americans believe that elections can only be secure if the only person touching the ballot after its been filled out is the person casting it, until the time comes for it to be counted by state and local officials.

With ballot harvesting, there is no official who is handling the ballots to deliver them to the polls. It is often campaign or Party operatives who are delivering them to the polls for casting, without any tracking of what they’re doing with the ballot on the way.

Stay tuned to the DC Daily Journal.

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