Texas Sues Harris County Clerk Over Voter Ads the State Says Targeted Voters by Race and Ethnicity

HOUSTON - The Texas Attorney General's Office filed a lawsuit on Thursday against the Harris County clerk and the clerk's office's communications director, alleging that the county is violating the Texas Constitution by targeting certain racial and ethnic groups with voter awareness advertisements. According to the lawsuit, filed October 29, the Harris County Elections Department has been running Facebook and Instagram advertisements encouraging residents to "Plan. Check. Vote!" ahead of the November 3 general election.

The state alleges the advertisements specifically target African American, Asian and Latino audiences through interests such as "African-American history," "Hispanic kitchen" and "Latin dance," and argues that county officials violated the Texas Constitution's equal rights protections by targeting voter awareness advertisements toward certain racial and ethnic groups, but not others. According to the filing, the county spent an estimated $43,429 on the advertisements over the past 30 days. Those are the state's allegations, carried here as allegations; no court has ruled on them.

The state is requesting a temporary restraining order requiring Harris County to immediately deactivate the advertisements or remove the racial and ethnic targeting criteria, and it is also seeking temporary and permanent injunctions prohibiting similar advertising practices. The request lands at the sharpest point of the calendar: early voting ends Friday, October 30, ahead of Election Day on Tuesday, November 3.

The attorney general's office says Attorney General Ken Paxton recused himself from the lawsuit because he is a candidate in the November 3 midterm - he is running against Democrat James Talarico for the U.S. Senate. FOX 26 reported it has reached out to the Harris County Clerk's Office for a response; none was included in the coverage at filing time, and this story will be updated when the county answers.