The office of Texas Attorney General Ken Paxton sued Harris County on Thursday, claiming that recent “Get Out the Vote” ads posted to social media target certain racial and ethnic groups while avoiding other demographics.
County Clerk Teneshia Hudspeth and Director of Communications Irene Nunez are named individually in the suit, which asks for a temporary restraining order, a temporary injunction and a permanent injunction regarding $43,429 worth of ads that appeared on Facebook and Instagram.
Hudspeth’s office did not immediately respond to calls and emails seeking comment for this story.
Update, 9:42 p.m., Thursday, October 29: Harris County Clerk Teneshia Hudspeth issued the following statement:
“The Harris County Clerk’s Office is committed to ensuring that all qualified voters have access to accurate, timely, and nonpartisan election information.
We are confident that our voter outreach efforts are lawful. Our highest priority remains conducting a successful, transparent, and secure election. With that responsibility at the forefront, the Meta audience subsets have been deactivated to avoid unnecessary distractions.
The Harris County Clerk’s Office does not engage in political rhetoric, nor do we seek to influence how any individual votes for a candidate or a ballot measure. Our responsibility is to administer fair, transparent, and accessible elections in accordance with federal and Texas election laws, and to ensure that every qualified voter has the information needed to exercise their right to vote.
That commitment is unwavering and will continue to guide our work.”
Paxton, who’s on the November 3 ballot in a hotly contested U.S. Senate race against Democrat James Talarico, recused himself from the case.
U.S. Congressman Christian Menefee, an African-American Democrat who represents a portion of Harris and Fort Bend counties, said Paxton’s office filed the lawsuit with just one day remaining in the early voting period because they’re worried that the GOP is poised to lose its 30-year stronghold in Texas.
“[Paxton is] whining about ads that do nothing more than tell neighbors when to vote and where to get information about voting,” Menefee said in a statement. “Paxton is upset that diverse voters across Harris County are making their voices heard. He doesn’t like that in this election, people are showing up in big numbers in neighborhoods like Third Ward, Acres Homes, Cypress, Tidwell, and Sunnyside.”
The AG’s 16-page complaint claims that Hudspeth’s office, in its “Plan, Check, Vote!” campaign, intentionally targeted African-American, Asian, and South American or Latino groups by using interest tags with phrases like “African-American history” and “Latin dance” so the ads would show up on the algorithms of users interested in those subjects.
“Nothing in the Texas Constitution or the statutes of the State of Texas permit a subdivision of the State to direct targeted ads towards people on the basis of race or ethnicity,” the complaint states.
“By classifying based upon race when advertising to provide Harris County voters with election information, the County Clerk’s office exceeded its authority,” the AG’s office said in a press release. “It engaged in racially discriminatory advertising in an effort to increase voter turnout among particular races and ethnicities but not others.”
Harris County has seen an unprecedented early voting turnout, with 862,659 ballots cast as of Thursday afternoon. Harris County polling suggests that its voters lean blue and the high turnout is good for Democrats. Latino voters have also mobilized in recent months in opposition to President Donald Trump’s immigration policies.
The AG’s press release states that the suit was brought “to ensure that all Texans have an equal opportunity to be informed of and participate in the electoral process, regardless of race or demographic.”
Menefee noted that “someone with as much power as the Texas Attorney General would only take desperate action like this lawsuit because he is scared.”
“I hope everyone in Harris County who is eligible to vote sees this lawsuit for what it is, and goes to cast their ballot in this election,” he said.
This story is developing and will be updated if more information becomes available.
