Texas Attorney General Issues Cease and Desist Letters Regarding Unlawful Electioneering

Texas AG Issues Cease and Desist Letters to School Districts

Attorney General Ken Paxton issued cease and desist letters to three Texas school districts regarding violations of the Texas Election Code for unlawful electioneering.  The letters allege that the districts used taxpayer resources to distribute messages to their staff and the public advocating for or against certain political candidates and measures. The cease and desist letters also included screenshots of the school districts’ political messaging on social media, as well as campaign videos. The Office of the Attorney General requested that all political messaging by the districts be removed from the public space, and asked for a written reply by February 16, 2018.

Political Campaign Tips for Government Entities

An officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising. However, an officer or employee of a government entity may provide communications that factually describe the purposes of a measure without advocating for the passage or defeat of the measure. Additionally, government employees and officers may not spend or authorize the spending of public funds for a communication describing the measure if the communication contains information that the employee knows is false, and is sufficiently substantial and important as to be reasonably likely to influence a voter to vote for or against the measure.

For the purposes of Texas elections, “political advertising” means a communication supporting or opposing a particular political party, a candidate for nomination or election to a public office or office of a political party, a public officer, or a measure that, in return for consideration, is published in a newspaper, magazine, or other periodical or is broadcast by radio or television; or appears in a pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form of written communication; or on an internet website. The use of work time or any resources owned by a government entity, including a computer, constitutes the use of “public funds.”

In conclusion, while public funds may be used to disseminate strictly factual information, they may not be used to advocate in any way for or against a particular candidate or measure. Moreover, any communications regarding factual information about a measure must not contain false information that is significant enough to influence voters. In the midst of a heated election season, government officers and employees should take great care to make sure they are not using public funds to advocate for or against a political candidate or measure.

Prepared by the offices of Richard Abernathy, this article should not be construed as legal advice related to any specific facts or circumstances. Although this article covers legal subjects, it is intended to educate readers and not to provide advice that will be the basis for action or inaction in any specific circumstance. Viewing these materials does not create an attorney-client relationship between Abernathy, Roeder, Boyd & Hullett, P.C. and the reader or the reader’s institution. For circumstance-specific legal advice, please directly contact a licensed attorney.