The Texas Attorney General's Office sued the Harris County clerk on Thursday over get-out-of-the-vote ads it described as "racially discriminatory" because they targeted Black, Latino and Asian voters while excluding "European ethnicities," and asked a judge to order the social media ads pulled or reconfigured to remove racial and ethnic targeting.
The lawsuit says ads on Meta platforms such as Facebook and Instagram included tags that intentionally directed them toward users with African, Asian and Latino-related interests and backgrounds. The tags listed in the petition include African-American literature, Latin music, Hispanic kitchen, East Asia, 27 different countries and several foreign cities, including Madrid and Bangkok.
The clerk's office acted unconstitutionally by using ad targeting that prioritizes people of certain ethnicities but not others, the lawsuit argues. "There can be no legitimate reason for Harris County to intentionally target voter ethnicities, cultural interests, and countries, but not toward any European ethnicities, cultural interests, or countries," the lawsuit said, adding that the targeting was not even tailored to those in Houston or Texas who would actually vote in Harris County elections.
The ads, which encourage voters to make a plan to vote, began running in late September and early October, according to the petition. "Every moment that these advertisements remain active and improperly targeting users based on their race or ethnicity, Defendants are violating the Texas Constitution," the lawsuit read.
The Harris County Attorney's Office said it was reviewing the lawsuit, calling it a "pathetic political distraction" in a statement on social media. "Harris County remains hyper-focused on ensuring every eligible voter's voice is heard and their votes protected, not sideshows that appease grandstanding," the statement read.
A statement from Attorney General Ken Paxton's office accused the Harris County clerk of running the ads "in an effort to increase voter turnout among particular races and ethnicities." The statement also said Paxton was not participating in the lawsuit because he is on the ballot as the Republican nominee for U.S. Senate. Paxton's office did not respond to questions about when in the lawsuit process the attorney general recused himself or how the office became aware of the ad targeting.
U.S. Rep. Christian Menefee, a Democrat who represents part of Houston, condemned the lawsuit, accusing Paxton of wanting "to stop Houstonians from going to the polls." "He's whining about ads that do nothing more than tell neighbors when to vote and where to get information about voting," Menefee said. "Paxton is upset that diverse voters across Harris County are making their voices heard."
Analysis
Why This Matters
- The lawsuit tests whether a county election office may use race- and ethnicity-based ad targeting under the Texas Constitution, with implications for how local officials reach voters.
- A judge's order to pull or reconfigure the ads could change Harris County's get-out-the-vote outreach with an election approaching.
- The case puts Texas's top law enforcement office against the state's most populous county while Paxton campaigns for U.S. Senate.
Background
Harris County, which includes Houston, is Texas's most populous county and a longtime center of legal fights over election administration. The lawsuit is the latest clash between state Republicans and local Democratic officials over how elections are run in the county.
Key Perspectives
Texas Attorney General's Office: says the ads are "racially discriminatory" and unconstitutional because they target Black, Latino and Asian voters while excluding European ethnicities, and it is not participating in the lawsuit because Paxton is on the ballot.
Harris County Attorney's Office: calls the lawsuit a "pathetic political distraction" and says the county remains focused on ensuring every eligible voter's voice is heard and votes protected.
U.S. Rep. Christian Menefee: says Paxton wants "to stop Houstonians from going to the polls" and is "whining about ads that do nothing more than tell neighbors when to vote and where to get information about voting."
What to Watch
- Whether the Harris County district judge orders the ads pulled or reconfigured before the election.
- How Harris County defends the ad targeting in its formal response to the lawsuit.
- Whether Paxton's office says when he recused himself and how it learned of the ads.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedThe Texas Attorney General’s Office sued the Harris County clerk on Thursday over get-out-the-vote ads it described as “racially discriminatory.”Texas Tribune: “The Texas Attorney General’s Office sued the Harris County clerk Thursday for promoting get-out-the-vote ads it described as “racially discriminatory””
- SupportedThe lawsuit says the ads targeted Black, Latino and Asian voters while excluding “European ethnicities.”Texas Tribune: “because they targeted Black, Latino and Asian voters while excluding “European ethnicities.””
- SupportedThe lawsuit asks a judge to order the ads pulled or reconfigured to remove racial and ethnic targeting.Texas Tribune: “The lawsuit asks a Harris County district judge to order the social media ads to be pulled or reconfigured to remove all identifiers targeting voters along racial and ethnic lines.”
- SupportedThe county called the suit a “pathetic political distraction.”Texas Tribune: “The Harris County Attorney’s Office said it was reviewing the lawsuit, calling it a “pathetic political distraction” in a statement on social media.”
- SupportedThe lawsuit says there is “no legitimate reason” to target voter ethnicities and cultural interests without targeting European ethnicities and interests.Texas Tribune: ““There can be no legitimate reason for Harris County to intentionally target voter ethnicities, cultural interests, and countries, but not toward any European ethnicities, cultural interests, or countries”
- SupportedThe lawsuit says the ads included tags directing them to users with African, Asian and Latino-related interests and backgrounds.Texas Tribune: “The lawsuit argues that ads on Meta platforms like Facebook and Instagram included tags that intentionally directed them toward users with African, Asian and Latino-related interests and backgrounds.”
- SupportedThe ads began running in late September and early October, according to the petition.Texas Tribune: “The ads, which encourage voters to make a plan to vote, began running in late September and early October, according to the petition.”
- SupportedThe lawsuit says that while the ads remain active and target users by race or ethnicity, defendants are violating the Texas Constitution.Texas Tribune: ““Every moment that these advertisements remain active and improperly targeting users based on their race or ethnicity, Defendants are violating the Texas Constitution,” the lawsuit read.”
- SupportedThe Harris County Attorney’s Office said it was reviewing the lawsuit.Texas Tribune: “The Harris County Attorney’s Office said it was reviewing the lawsuit”
- SupportedPaxton’s office said he was not participating in the lawsuit because he was the Republican nominee for U.S. Senate and on the ballot.Texas Tribune: “The statement also said Paxton was not participating in the lawsuit because he is on the ballot as the Republican nominee for U.S. Senate.”
- SupportedPaxton’s office did not respond to questions about when he recused himself or how the office learned of the ad targeting.Texas Tribune: “Paxton’s office did not respond to questions about what point in the lawsuit process the attorney general recused himself or how the office was made aware of the ad targeting.”
- SupportedMenefee said Paxton was “whining about ads” that tell neighbors when to vote and where to find voting information.Texas Tribune: ““He’s whining about ads that do nothing more than tell neighbors when to vote and where to get information about voting,” Menefee said.”