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Fifth Circuit Ruling Upholds Texas Mail-In Ballot ID Requirements, Paxton Says

Attorney General Ken Paxton announced that the Fifth Circuit reversed a federal district court and upheld Senate Bill 1 provisions requiring mail-in voters to supply an identification number matching state records.

The Texas attorney general’s office announced Aug. 14 that the U.S. Court of Appeals for the Fifth Circuit reversed a federal district court ruling that had upheld challenges to key provisions of Senate Bill 1, the state’s 2021 election law.

The Texas Legislature enacted SB 1 in 2021 to strengthen election integrity, protect ballot secrecy, deter fraud and safeguard the security of elections, particularly in the mail-in voting process, according to the attorney general’s office. The provisions at issue in this case require voters casting ballots by mail to provide an identification number or Social Security number that matches state records, and they give voters multiple opportunities to correct certain defects with their mail-in ballots.

SB 1 also addresses voter assistance. Under the law, individuals who assist voters must sign an oath affirming that they did not coerce or intimidate the voter, disclose their relationship to the voter, and state whether they received compensation from a candidate, campaign or political committee.

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“My office has worked tirelessly to secure this legal victory for election integrity by safeguarding mail-in ballots and enforcing other critical safeguards in Texas,” said Attorney General Ken Paxton. “Fair and honest elections are the cornerstone of our democracy. I will continue to defend Texas laws that protect lawful voters, deter fraud, and ensure Texans can trust our elections.”

The office said Paxton has defended different provisions of SB 1 across multiple appeals in the Fifth Circuit. It pointed to an earlier ruling upholding the state’s ban on compensated vote harvesting services intended to deliver votes for a specific candidate or measure, a prohibition that applies when the activity is conducted in person and in the physical presence of an official ballot or a voted mail ballot.

The attorney general’s office said it will continue to defend state election laws it describes as protecting lawful voters and preserving public confidence in election outcomes. The court’s opinion is posted on the agency’s website.


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