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, a decision critics fear could have a chilling effect on voter outreach and turnout in the state.
The three-judge appellate court for the U.S. Fifth Circuit Court on Tuesday granted a temporary stay for certain portions of S.B. 1, or the 2021 Texas voting law, including a provision of the law 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.
Their decision temporarily overturns the ruling issued by U.S. District Judge Xavier Rodriguez late last month. Rodriguez ordered an immediate halt to the vote harvesting provision of S.B. 1, siding with plaintiffs in their contention that the provision is overly vague and a restriction of free speech.
He also acknowledged their “widespread confusion” as to what constitutes the illegal practice of vote harvesting in Texas.
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A voter wearing a protective mask and gloves, left, signs a document at a drive-through mail ballot. Texas Attorney General Ken Paxton speaks during the annual Conservative Political Action Conference meeting on Feb. 23, 2024. (Sergio Flores/Bloomberg via Getty Images | Mandel NGAN / AFP)
Paxton had immediately vowed to appeal that decision, arguing that the vote harvesting component of S.B. 1 is crucial to protecting election integrity in Texas and preventing voter fraud.
“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,” Paxton said at the time.
Still, the vaguely-defined scope of vote harvesting has prompted some advocacy groups and voter…
