Ken Paxton’s office filed a lawsuit against Harris County election officials, alleging that a social media ad campaign targeting Black and Latino voters in the Houston area constitutes reverse racism. The Texas Attorney General’s Office argued in court documents that the ads, which encouraged voters to make a plan to vote, unconstitutionally prioritized specific racial and ethnic groups over others. The lawsuit cited targeting terms such as “African-American literature,” “Latin music,” and “Hispanic kitchen,” along with geographic tags like Bangkok and 27 countries, to argue the campaign was unconstitutional.
The suit sought to halt or reconfigure the ads, which began running in late September. Harris County halted the campaign on Thursday, and the parties reached an interim agreement to pause the ads until after Election Day, according to the Texas Tribune. Paxton, who is running as the Republican nominee for Texas’ U.S. Senate seat, recused himself from the case despite serving as state attorney general. Harris County’s interim attorney, Abbie Kamin, called the agreement a “win” that prevented the lawsuit from diverting resources from critical operations, accusing Paxton of “manufacturing distractions.”
Lawsuit Alleges Unconstitutional Voter Targeting
The Texas Attorney General’s Office framed the ad campaign as an attempt to “increase the likelihood that only certain racial and ethnic groups—but not all—will vote,” citing the use of “detailed targeting” terms. The lawsuit specifically criticized the exclusion of European ethnicities from the ads, arguing there was “no legitimate reason” for the selective approach. Harris County, which is Texas’s most diverse county, has seen record early voting turnout, with over 950,000 residents casting ballots ahead of Election Day—a new nonpresidential election record, surpassing the 855,711 votes cast in 2018.
The Office of the Attorney General Secures Legal Victory Stopping Harris County Clerk from Weaponizing Racially Discriminatory Election Advertising: https://t.co/VPgB0QRooc
Interim Agreement Pauses Ads Amid Legal Dispute
The interim agreement to pause the ads came after Harris County stopped running them, with both sides treating the resolution as a legal victory. Texas Democratic Congressman Christian D. Menefee condemned the lawsuit as a political stunt, stating Paxton “wants to stop Houstonians from going to the polls” by targeting ads that “do nothing more than tell neighbors when to vote.” Menefee highlighted the significance of diverse neighborhoods like Third Ward and Sunnyside, where voter turnout has been high. The lawsuit’s timing, filed in the final days of voting, drew criticism as a last-minute effort to influence the election.
Context of Early Voting Records in Harris County
Harris County’s early voting numbers, which exceeded previous records, underscore the significance of the dispute. The lawsuit, which hinges on the constitutionality of targeted outreach, reflects broader debates over voting rights and representation in Texas. The interim agreement allows the ads to remain on hold until after Election Day, leaving the legal implications of the case unresolved.
