Texas Attorney General Ken Paxton today applauded the U.S. Court of Appeals for the Fifth Circuit for affirming the constitutionality of the State’s method of appointing representatives to the Electoral College. The Fifth Circuit’s ruling states that Texas’s winner-take-all system, a method that dates back to the first presidential election and that is used in all but two States today, does not burden any person’s right to vote and causes no harm on account of a voter’s political views.  

“The Fifth Circuit confirmed that Texas is in full compliance with the Constitution, which has clearly allowed for States to appoint electors as directed by the Legislature since 1789. Texas elections remain free, fair and lawful,” said Attorney General Paxton. “I applaud the Court for rejecting this baseless challenge to the framework of our electoral process and for protecting the authority of state legislatures to decide how to appoint presidential electors, as our Founders intended.”  

View a copy of the opinion here