Houston, Texas: State Sues Harris County Clerk Over Voter Ads Targeted by Race

The Texas Attorney General's Office filed a lawsuit on Thursday, October 29 against the Harris County Clerk and the clerk's Director of Communications, accusing the county of running voter awareness advertisements that target residents by race and ethnicity. Harris County is the most populous county in Texas, with nearly 5 million people, and Houston voters are in the final days of early voting ahead of the November 3 general election.

What the lawsuit says

According to the filing, the Harris County Elections Department has been running advertisements on Facebook and Instagram that encourage residents to "Plan. Check. Vote!" ahead of the election. The state says the county used Meta's advertising tools to direct those ads toward African American, Asian and Latino audiences, using detailed targeting interests such as "African-American history," "Hispanic kitchen" and "Latin dance."

The complaint argues that the county targeted those groups but not others, and that doing so violates the equal rights protections of the Texas Constitution. "There can be no legitimate reason for Harris County to intentionally target voter advertisements toward this peculiar assortment of African-American, Asian, and Latino ethnicities, cultural interests, and countries, but not toward any European ethnicities, cultural interests, or countries," the complaint stated. The Attorney General's Office said the suit is an ultra vires action, meaning it claims county officials acted beyond the authority the law gives them.

Public advertising data cited in the filing shows the clerk's office spent an estimated $43,429 over the past 30 days on one set of advertisements set to be shown preferentially to certain populations, according to Meta's Ad Library.

What the state is asking the court to do

The state is asking a court for a temporary restraining order that would require Harris County to immediately deactivate the advertisements or remove the racial and ethnic targeting criteria. It is also seeking temporary and permanent injunctions that would bar similar advertising practices in the future.

The timing is tight. Early voting in Texas ends on Friday, October 30, and Election Day is Tuesday, November 3, so any court order in the case would land while voting is already under way or just after it closes.

Attorney General Ken Paxton recused himself from the lawsuit because he is a candidate in the November 3 election. Paxton is running for the United States Senate against Democrat James Talarico. The state brings the case through the Attorney General's Office despite that recusal.

The first reaction from Houston

FOX 26 Houston reported that it reached out to the Harris County Clerk's Office for a response. The clerk's office and the Harris County Attorney's office did not immediately respond to requests for comment, Democracy Docket reported.

Congressman Christian D. Menefee of Houston, who represents Texas's 18th District, criticized the filing in a statement on Thursday. "Ken Paxton filed this lawsuit in the final days of voting because he wants to stop Houstonians from going to the polls," Menefee said. He urged eligible Harris County voters to cast a ballot in the election.

For Harris County voters, the lawsuit does not change where or when they can vote. Early voting runs through Friday, October 30, and polls open again on Election Day, November 3. What changes, if a court grants the state's request, is how the county itself is allowed to advertise those facts in the final days of the race.