Texas Attorney General Ken Paxton announced the arrest of a woman accused of running an illegal ballot harvesting scheme, marking the latest in a string of election fraud cases his office has pursued — even as some of the underlying laws face constitutional challenges in federal court.
Modesta Vela of Starr County was indicted by a grand jury on state jail felony charges for allegedly targeting elderly Texans during the 2022 general election, according to a statement from Paxton’s office.
“Though liberals and the left-wing media like to pretend otherwise, we know that election fraud is real and a serious threat,” Paxton said in the announcement. “Criminals trying to steal our elections and rig the democratic process will be found, arrested, and prosecuted.”
Growing List of Prosecutions
The arrest comes amid a broader crackdown on alleged ballot harvesting across the state. In Frio County, Paxton’s Election Fraud Unit has now brought indictments against fifteen suspects in what investigators describe as a coordinated vote harvesting operation, with authorities seizing numerous cell phones and computers from campaign workers’ homes.
But are these prosecutions on solid legal ground?
Defense attorneys representing those accused have questioned the timing and validity of the charges, particularly as parts of Texas’ 2021 election security law — which criminalized certain types of voter assistance — were previously ruled unconstitutional by a federal judge. Though the law remains in effect while Texas appeals the decision to the 5th U.S. Circuit Court of Appeals.
“It’s highly inappropriate, in my opinion, to be filing these charges now when the 5th Circuit is going to rule about whether the activity is even a crime,” attorney Mark Flanary told the Texas Tribune regarding other cases.
Legal Battles Over Election Laws
The prosecutions unfold against a backdrop of ongoing litigation over Texas election laws, with Paxton’s office actively defending the state’s policies in federal court. The Attorney General has made election integrity a cornerstone of his tenure, frequently highlighting cases his office pursues.
In Vela’s case, prosecutors allege she specifically targeted Texans over 65 years old. “Modesta Vela was trying to take advantage of voters and broke the law by illegally ballot harvesting and targeting a Texan seeking to engage in our elections,” Paxton said. “Now, it’s time for Vela to answer for her actions in court.”
Defense attorneys in similar cases have pushed back strongly against the charges. “Even if [the] statute was constitutional, she didn’t do anything approaching what they’ve accused her of,” Flanary commented to KSAT regarding a different defendant.
The prosecutions highlight the tension between aggressive enforcement of election laws and concerns about voter assistance restrictions — a debate likely to intensify as the appeals court considers whether the underlying statute itself passes constitutional muster.
