Paid Vote Harvesting BANNED — HUGE Conservative WIN!

A road sign displaying the word 'BAN' against a blue sky

A federal appeals court has delivered a decisive blow to those who profit from manipulating voters at their mailboxes, upholding Texas’s ban on paid ballot harvesting in a ruling that sends shockwaves through the vote-buying establishment.

Story Highlights

Fifth Circuit Court unanimously reverses lower court, reinstating Texas’s ban on paid ballot harvesting ahead of 2026 midterms
Ruling allows felony prosecution of paid operatives who interact with voters in the presence of mail ballots to influence their votes
Judge Edith H. Jones criticizes district court’s “judicial myopia” and rejects First Amendment claims, citing fraud prevention as compelling state interest
Decision builds on Supreme Court precedent recognizing mail voting as vulnerable to undetectable vote-buying schemes and coercion

Federal Court Reverses District Judge’s Injunction

The U.S. Court of Appeals for the Fifth Circuit issued a unanimous 26-page opinion on February 12, 2026, reversing a district court injunction that had blocked enforcement of Texas Senate Bill 1’s prohibition on paid vote harvesting services. The appellate panel, led by Judge Edith H. Jones, a Reagan appointee, found that Texas has a compelling interest in preventing mail ballot fraud, coercion, and intimidation. The ruling allows the state to prosecute individuals who accept compensation for in-person interactions with voters in the physical presence of mail ballots when those interactions aim to influence votes for specific candidates or measures.

Texas Law Targets Paid Operatives, Not Volunteers

Texas’s 2021 election integrity law specifically targets paid ballot harvesting while exempting unpaid volunteers and non-ballot-related advocacy. District Judge Xavier Rodriguez, a George W. Bush appointee, had previously struck down the provision as unconstitutionally vague and a First Amendment violation, issuing a permanent injunction against state officials. The Fifth Circuit panel rejected these arguments, emphasizing that the law narrowly focuses on compensated operatives who pressure voters near their ballots. This distinguishes Texas’s approach from broader ballot collection bans, addressing the specific concern of financial incentives driving voter manipulation.

Court Cites Mail Voting Fraud Vulnerabilities

Judge Jones’s opinion relied heavily on Supreme Court precedent from Brnovich v. DNC (2021), which recognized that mail ballots remain unsecured after mailing and create opportunities for undetectable fraud. The Fifth Circuit emphasized that vote-buying schemes are far more difficult to detect in mail voting environments absent election observers. The court criticized what it called “serial litigation” and “judicial myopia” in the district court’s analysis, arguing that real-world jury application would focus enforcement on paid partisans haranguing voters rather than hypothetical scenarios. This reasoning underscores a growing judicial recognition that mail voting expansion post-COVID-19 created vulnerabilities requiring protective legislation.

Immediate Enforcement Before 2026 Midterms

The ruling takes immediate effect, allowing Texas Attorney General Ken Paxton and local district attorneys to enforce the ban ahead of the 2026 midterm elections. While the court dismissed some defendants on sovereign immunity grounds, it kept district attorneys as parties who can prosecute violations under felony penalties established in SB1. Voting rights groups including the Southwest Voter Registration Education Project and League of Women Voters may petition the Supreme Court for review, though no announcement has been made. The decision sets a precedent that could encourage similar laws nationwide, constraining paid strategies employed by voting advocacy nonprofits while reinforcing state authority over election administration.

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

This victory represents more than a legal triumph for Texas—it affirms the principle that elections should be decided by informed voters free from paid manipulation, not by operatives compensated to harangue citizens in their homes. While opponents claim the law restricts access for minorities and the elderly who need assistance, the court recognized that protecting vulnerable voters from coercion and vote-buying serves their interests far better than preserving a system where paid actors can exploit them. As President Trump’s administration works to restore election integrity nationwide, this ruling demonstrates that common-sense reforms grounded in preventing fraud can withstand constitutional scrutiny when properly tailored.