U.S. Supreme Court again enables Texas election law to go into effect

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(The Center Square) – The U.S. Supreme Court has again upheld another Texas election law, this time by refusing to hear a case on appeal from the Fifth Circuit. 

Among the major U.S. Supreme Court decisions announced at the end of its term before the July 4 holiday was its decision to deny cert and refuse to hear a case on appeal related to a new Texas election security law that bans paid ballot harvesting.

The decision came two months after the court for a second and final time ruled in favor of Texas’ redistricting law, effectively ending all challenges to the state's new congressional maps, The Center Square reported. This was after the high court chastised district court judges in El Paso for their handling of that case and blocked their ruling from going into effect, The Center Square reported.

It’s the third Supreme Court action in six months in support of Texas election law.

The ballot harvesting case dates to 2021, after state Sen. Bryan Hughes, R-Mineola, filed SB 1, which passed and was signed into law by Gov. Greg Abbott. It strengthened poll watcher protections, increased transparency by utilizing technology throughout the electoral process, limits “the most common fraudulent practices and opportunities for fraudulent practices,” and provides “better and more timely evidence in investigations into alleged voter fraud,” according to the bill analysis. It amended state election law, “including by preventing fraud in the conduct of elections in this state, increases criminal penalties, creates criminal offenses, and provides civil penalties.”

Ballot harvesting can occur when ballots are mailed to every registered voter, including to those who did not request an absentee or vote-by-mail ballot. Fraud can occur by those who collect and return completed ballots, including without the voter’s knowledge. 

Texas election code allows voters to return only their absentee ballot in person. It is illegal for anyone to be paid to mail ballots.  

According to Ballotpedia, as of November 2025, it is legal in 18 states for voters to choose someone else to return their ballots; in 16 states those with certain relationships to voters are allowed to do so; only four states, including Texas, permit only voters to return their ballots; two states require voters to return their ballots by mail; 10 states and the District of Columbia do not specify who may return ballots.

To block SB 1 from going into effect, multiple groups sued, led by La Unión del Pueblo Entero. Judge Xavier Rodriguez, presiding over the U.S. District Court for the Western District, agreed with their petition, blocked the law from going into effect and prohibited the state from investigating potential ballot harvesting fraud. 

Texas appealed to the Fifth Circuit Court of Appeals and secured a temporary stay, allowing the law to remain in effect as litigation continued. 

Nearly two years later, in February, the Fifth Circuit reversed the lower court’s decision, arguing, “In accordance with a constitutional design that aspires to maintain free and secure elections, Texas enacted S.B. 1 in 2021. The statute curtails various activities that incentivize vote fraud and intimidation. Its provisions are being serially litigated before the district court for reasons that are not obvious considering the similarity of parties, issues, and witnesses. Before this panel is a provision to prevent professionally conducted ballot harvesting.

“The district court erred in facially striking down this provision and entering an injunction against state officials in violation of their sovereign immunity. Accordingly, the district court’s judgment is REVERSED.”

An appeal to the Supreme Court for certiorari was denied June 29. SB 1 remains in effect. 

Prior to Supreme Court action, Texas House Democrats also sought to block SB 1 from going into effect by absconding and halting legislative business. 

In July 2021, more than 50 House Democrats left Austin, interrupting House business for 37 days, arguing the bill amounted to “voter suppression,” The Center Square reported. 

In 2025, more than 50 Texas House Democrats again absconded, this time halting special legislative sessions called to pass funding measures for Hill Country flood victims. By absconding, they delayed the funding from being appropriated. Instead, they chose to meet with Democratic governors and leaders in Illinois, New York and California. What followed were multiple lawsuits, including in Illinois, warrants issued for their arrest and other actions were taken. One year later, more than 50 Texas House Democrats were fined a combined roughly $400,000, The Center Square reported.

The Supreme Court’s rulings allowed Texas’ new congressional maps to remain in effect for the 2026 midterm election. Key races were impacted in Texas’ March primary and May 26 runoff elections. 

In both the 2021 and 2025 cases, the Supreme Court effectively ended Texas Democrats’ efforts to thwart election integrity measures enacted by the legislature, which remain in effect.