United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED October 15, 2024 No. 24-50783 Lyle W. Cayce Clerk La Union del Pueblo Entero; Mexican American Bar Association of Texas; LULAC Texas; Texas Alliance for Retired Americans; Texas AFT; OCA-Greater Houston; League of Women Voters of Texas,

Plaintiffs—Appellees,

versus Gregory W. Abbott, in his official capacity as Governor of Texas; Warren K. Paxton, in his official capacity as Attorney General of Texas; State of Texas; Jane Nelson, in her official capacity as Texas Secretary of State,

Defendants—Appellants,

OCA-Greater Houston; League of Women Voters of Texas,

Plaintiffs- Appellees,

versus Ken Paxton, Texas Attorney General,

Defendant—Appellant,

LULAC Texas; Texas Alliance for Retired Americans; Case: 24-50783 Document: 112-1 Page: 2 Date Filed: 10/15/2024

No. 24-50783

Texas AFT,

Plaintiffs—Appellees,

versus Ken Paxton, in his official capacity as the Texas Attorney General,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 5:21-CV-844 USDC No. 1:21-CV-780 USDC No. 1:21-CV-786

Before Ho, Wilson, and Ramirez, Circuit Judges. James C. Ho, Circuit Judge: 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. See, e.g., Purcell v. Gonzalez, 549 U.S. 1, 6 (2006). We accordingly grant the State’s request for a stay of the injunction pending appeal. I. In response to difficulties faced by election officials in the 2020 election, the Texas Legislature enacted S.B. 1, known as the Election Protection and Integrity Act, in 2021. Among other provisions, S.B. 1

2 Case: 24-50783 Document: 112-1 Page: 3 Date Filed: 10/15/2024

No. 24-50783

restricts paid “vote harvesting services,” defined as “interaction with one or more voters, in the physical presence of an official ballot or a ballot voted by mail, intended to deliver votes for a specific candidate or measure.” Tex. Elec. Code § 276.015(a)(2). The theory of this provision is simple: Just as the State can protect the privacy of citizens who vote in-person by prohibiting other individuals from contacting them at the voting booth, see, e.g., Burson v. Freeman, 504 U.S. 191 (1992), S.B. 1 protects the privacy of citizens who choose instead to vote by mail. Specifically, S.B. 1 prohibits “knowingly provid[ing] or offer[ing] to provide vote harvesting services in exchange for compensation,” or offering compensation for such services. Tex. Elec. Code § 276.015(b)–(c). The law also makes cl