Texas AG Ken Paxton adds Aledo ISD to schools he’s suing over electioneering allegations

DALLAS — Texas Attorney General Ken Paxton has filed another suit against a North Texas school district over allegations of electioneering ahead of the Super Tuesday primary election.

Paxton’s office on Friday night announced it was suing the Aledo Independent School District, alleging officials are “using state resources to influence political races through illegal electioneering.”

Paxton on Friday also said he was suing the Huffman Independent School District, near Houston, for similar allegations.

Aledo school officials in response to Paxton’s suit said they were accused of “discussing the school’s budget and how voting in the primary election would greatly impact Aledo schools” in an email to the school community.

“To suggest that our public school budget is not impacted by this Primary Election – the Primary Election through which those who make decisions for funding for public schools will be elected – certainly seems less than transparent to us,” Aledo ISD officials said in a statement. “State law prohibits school district officials from using public resources to advocate for or against any candidate, measure, or political party, and, after consulting with our legal counsel, it is clear that the email cited by the OAG in the suit did not constitute electioneering.”

Paxton’s latest round of suits followed suits against Denison ISD, Castleberry ISD, Frisco ISD and his initial suit against Denton ISD.

Paxton has accused the districts of using official resources to urge people to vote in favor of a certain policy. 

“Earlier this month, Denison ISD’s official website expressed its support or opposition for certain political candidates and stumped for its preferred policy agenda,” Thursday’s statement reads. “Similarly, the Castleberry ISD Superintendent used her official email to send out an endorsement list of political candidates and instructed the district’s administration to “vote accordingly.” 

In response, Castleberry ISD Superintendent Renee Smith-Faulkner said the lawsuit was resolved already.

“The lawsuit filed by the Attorney General yesterday has been resolved. Recognizing there was no intended violation of law, the parties agreed to resolve the case and we will be vigilant to avoid even the appearance of electioneering. Our focus will be to continue providing quality public education, the foundation of the American Education System, which has and always will be instrumental in our nation’s success.”

On Feb. 29 Paxton said he secured a restraining order against Frisco ISD. The restraining order is for 14 days according to the order, a Temp injunction hearing is set for March 5.

“Repeatedly and as recently as February 27, Frisco ISD’s Government Affairs department used official resources to stump for certain policies and political measures,” the statement reads. “Such actions directly violate the Texas Election Code’s prohibition against the use of ‘state or local funds or other resources of the district to electioneer for or against any candidate, measure, or political party.'”

While Paxton’s office can’t currently prosecute Election Code violations due to the Court of Criminal Appeals’ decision in Texas v. Stephens, it may still seek civil injunctive relief to get a court order barring districts from “unlawful attempts to influence elections.”

Paxton’s office is also investigating other possible violations around the state, the statement read.

The filing referred to Frisco ISD’s government affairs Twitter account.

When reached for comment, a Frisco ISD spokesperson said the district doesn’t comment on pending litigation.

Last week, Paxton accused principals at two Denton ISD elementary schools of stumping for certain candidates in emails to their staff earlier this month.

Ross Fischer, a former chair of the Texas Ethics Commission, told WFAA that the commission, which can levy civil penalties, takes a broad view of what constitutes public funds, and that includes public resources, such as the use of the email system.