Texas AG sues Harris County clerk over race-targeted voting ads

The Texas Attorney General’s office filed a lawsuit on Thursday against Harris County Clerk Teneshia Hudspeth and her director of communications. The suit claims the clerk’s office used social media tools to show voter outreach ads to specific racial and ethnic groups while excluding others.

The filing labels the action an ultra vires suit, meaning the state argues the county exceeded its legal authority. A statement from the AG’s office said the office identified racial discrimination in the targeting of “Get Out the Vote” advertisements on Instagram and Facebook.

According to the release, Meta’s platforms allow advertisers to select demographics, interests, and behaviors. The office said publicly available data shows the clerk’s office intentionally directed ads to certain populations. The office estimated the county spent $43,429 in the past thirty days on one set of these advertisements.

“By classifying based upon race when advertising to provide Harris County voters with election information, the County Clerk’s office exceeded its authority,” the AG’s office statement read. “It engaged in racially discriminatory advertising in an effort to increase voter turnout among particular races and ethnicities, but not others.”

The lawsuit names Hudspeth’s office and her director of communications as defendants. Attorney General Ken Paxton recused himself from the case because he is a candidate on the November ballot. The state is bringing the action through his office to ensure all Texans have an equal opportunity to participate in the electoral process.

Hudspeth’s office responded with a statement saying it is committed to providing accurate, timely, and nonpartisan election information. The office said it is confident its voter outreach efforts are lawful. It noted that the highest priority remains conducting a successful, transparent, and secure election.

To avoid unnecessary distractions, the clerk’s office said the Meta audience subsets have been deactivated. The office stated it does not engage in political rhetoric or seek to influence how individuals vote. It affirmed its responsibility to administer fair, transparent, and accessible elections in accordance with federal and Texas law.

A University of Houston legal scholar, Seth Chandler, said the AG’s office faces a high bar in this lawsuit. Chandler noted that the state cannot win simply by showing who saw the ads. He said the office must prove that the selection of categories was done with the intent of favoring one race or another.

Chandler pointed out that targeting certain interests on social media could be legally distinct from using those interests as a proxy to reach a specific racial group. He added that even a nonpartisan get-out-the-vote message is not immune from legal challenge. “It’s a fairly benign ad,” Chandler said. “Very few people are opposed to getting out the vote. But still, it reflects the fact that the government should not be involved in racial profiling.”

The case will proceed in court as the clerk’s office prepares for the November election. The deactivated ad campaigns will no longer be visible in Meta’s Ad Library, but the records of the $43,429 expenditure remain part of the public data cited in the complaint.