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Weil Challenges Texas Law Criminalizing Paid Political Canvassing in the Presence of a Mail-Ballot

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On December 2, 2025, Weil appeared before the U.S. Court of Appeals for the Fifth Circuit in an important case concerning election integrity, free speech, and political campaigning. The case, La Union del Pueblo Entero v. Abbott, arises from a challenge to Texas Senate Bill 1 (SB 1), a sweeping election law that includes a first-in-the-nation criminal prohibition on paid political canvassing. 

A Weil team led by Zack Tripp, Co-Head of the Firm’s Appeals and Strategic Counseling practice, represents advocacy organizations and individuals challenging a provision of SB 1 that makes it a felony offense – punishable by up to ten years in prison with fines up to $10,000 – to engage in compensated canvassing “intended to deliver votes for a specific candidate or measure” while in the “physical presence” of a mail-in ballot.

Opponents of the law argue that it has unconstitutionally chilled core political speech – including paid campaigning, canvassing, door-knocking, and organizing – in the run-up to elections. Since the law’s enactment in 2021, Plaintiffs and their members have been forced to dramatically curtail their engagement with voters.

In September 2024, U.S. District Judge Xavier Rodriguez of the Western District of Texas permanently enjoined enforcement of the ban, holding that it was unconstitutionally vague and violated the First Amendment. Texas officials appealed the ruling.

During oral argument before the Fifth Circuit, Weil argued that the ban goes far beyond traditional election regulations and intrudes into private spaces, including voters’ homes, where political discussion lies at the core of First Amendment protections. Zack told the court: “Our tradition is that your home is your castle. If you don’t want to talk to somebody in your home, you ask them to leave. The government doesn’t get to tell you who you’re talking to.”

The Fifth Circuit previously stayed the district court’s injunction ahead of the 2024 election while the appeal proceeds. The pending decision will determine whether Texas may continue enforcing what is, to date, the only criminal prohibition on political canvassing in the nation.

The pro bono Weil team representing the plaintiffs is led by Zack Tripp and includes Aaron Curtis, Charles Gehnrich, Gus Ipsen, Madeleine Carpenter and Natalie Howard. Weil is joined by the Brennan Center, the Mexican American Legal Defense and Educational Fund, and the ACLU of Texas.

Weil's oral argument before the Fifth Circuit was covered by national media outlets, including Bloomberg Law and Courthouse News Service.

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