Texas AG Ken Paxton sues Hutto ISD for ‘illegal electioneering’

AUSTIN (KXAN) — Texas Attorney General Ken Paxton sued Hutto Independent School District for allegedly using state resources to conduct illegal electioneering.

According to a release from his office, Paxton claimed Hutto ISD used official government resources to advocate for certain policies and measures on its social media accounts, which violates the Texas Election Code.

“It is in the Texas Election Code that public employees or entities are prohibited from using public resources, whether that’s equipment or money or whatever, for promoting a specific political position or candidate,” said Roger Bogelt, a Texas election and campaign finance attorney.

The lawsuit cited a social media post where the district said, “Vouchers hurt our public schools.”

“The communication referenced above constitutes political advertising because it is a communication supporting or opposing candidates for nomination or election to a public office, or office of a political party or a measure, and such communication has also appeared in written communication,” the lawsuit said.

According to Paxton’s release, he isn’t able to prosecute criminal violations of the Election Code because of the Court of Criminal Appeal’s decision in Texas v. Stephens.

So instead, he’s seeking civil injunctive relief.

“School districts should be aware that illegal electioneering is criminal conduct and violators could be subject to criminal prosecution by local authorities. While unable to criminally prosecute violators at this time, Attorney General Paxton is committed to using all available means to protect the integrity of Texas elections,” the release said.

Hutto ISD’s response

In a statement sent to KXAN, Hutto ISD said it was surprised to learn of this suit by Paxton.

This is part of an ongoing effort by Paxton to crack down on the wave of illegal electioneering across the state, according to the release.

Other districts include:

• Castleberry ISD

• Denton ISD

• Frisco ISD

• Denison ISD

• Huffman ISD

• Aledo ISD

Hutto ISD is now the seventh Texas school district to be sued for similar acts in the last few weeks.

What is the lawsuit asking?

Bogelt said Paxton is suing the entire school board and the superintendent in their official capacity.

“The attorney general is asking for injunctive relief,” Bogelt said. “Basically, just that the posting be taken down and that the district be prohibited from doing any future postings of this kind.”

Bogelt said this might not be a well-known law.

What is electioneering?

St. Edward’s University Political Science Professor Brian Smith described electioneering as what many think of as campaigning.

“Donating money to a candidate, endorsing a candidate, convincing people to vote, putting signs in our yard,” Smith said. “These sorts of traditional campaigning activities, but the term for it is actually electioneering.”

Smith said for almost everyone this is protected by the First Amendment. However, it becomes illegal when nonprofits and government agencies, like school districts, do it.

“Governmental agencies are supposed to represent all of us. It’s the idea that when people who are nonprofits or governmental agencies start doing it, then it’s our tax dollars or lack of tax dollars, that’s enabling them to do it,” Smith said. “That’s when they’re forced to stop.”

Smith said most of the time, people don’t know they’re violating the law.

“We don’t see a lot of big criminal trials going on here,” Smith said. “Most people are making honest mistakes, and then, immediately stop when they realize they’ve done something wrong.”

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