Federal judge’s decision deals a blow to Ken Paxton

A federal judge struck down a section of Texas election law that critics said gave Texas Attorney General Ken Paxton the power to try to “suppress” Hispanic and Latino voters.

In a ruling Saturday, U.S. District Judge Xavier Rodriguez suspended enforcement of the cold calling restrictions legislation cited in Senate Bill 1 after ruling it was “unconstitutionally vague” and in violation of the Fourteenth Amendment.

The new voting restrictions in Texas were put in place to quell allegations of vote harvesting, where mail-in and mail-in ballots are collected and delivered to polling places on behalf of those who cast them.

The legislation meant that anyone who knowingly provided or offered vote harvesting services in exchange for compensation would commit a third-degree felony. Those who work for political campaigns or even volunteers could face up to 10 years in prison for collecting mail-in or mail-in ballots.

Paxton, a Republican Party member, was accused of using the law to conduct a series of raids on the homes of voting rights activists under the guise of investigating vote harvesting. Turnout among Latino and Hispanic voters, who historically tend to support Democratic candidates, will be crucial in determining who wins Texas’ presidential and statewide elections in November.

Gabriel Rosales, director of the League of United Latino Citizens of Texas (LULAC), accused the Republican attorney general in August of carrying out raids before the November election “to suppress the Latino vote through intimidation and by any means necessary to sway the electoral process in favor.” of his political allies. »

Rodriguez noted in his ruling that there was “widespread confusion” over the wording of the cold calling restrictions and how they might be enforced.

This includes what is meant by “compensation” or how canvassers might avoid being in the “physical presence” of an absentee or absentee ballot.

“Because ‘physical presence’ is not defined, plaintiffs are unclear how physically close a ballot must be to a volunteer or employee to violate the canvassing restriction and risk a decade of prison,” Rodriguez wrote.

“Despite this confusion, state officials have offered no definitive answer on the scope of the prospecting restriction.”

News week contacted Paxton’s office for comment via email.

The judge’s decision to suspend the law allowing Paxton’s office to investigate vote-harvesting allegations was praised by advocacy groups and legal experts.

LULAC posted on

“For too long, some politicians have used false claims to promote abusive laws like this as part of intimidation campaigns, and today’s decision blows a hole in those campaigns.”

Norm Eisen, who served as special counsel to the House Judiciary Committee during the first impeachment of former President Donald Trump, described the move as “the most important election news” of the weekend.

“The courts are pushing back against Trump and his allies’ despicable campaign targeting Hispanic and immigrant voters,” Eisen wrote.

The ACLU of Texas added: “This is a victory for voting rights in the state and for the organizations that help keep elections accessible.”