UPDATED: This article has been updated since publication to include a statement from Frisco ISD.
Attorney General Ken Paxton filed suit against Frisco Independent School District today for repeatedly using official resources for illegal electioneering purposes.
The lawsuit lists three Facebook posts made by the Frisco ISD Government Affairs Facebook page where individuals were encouraged to “vote for candidates who support public schools and, apparently, who are against vouchers.”
“The posts also appear to influence the reader to vote in a particular party primary,” according to the lawsuit.
The first post, released on Feb. 20, alludes to the fact that candidates will decide whether or not public schools receive appropriate funding, so people should make their voices heard and get out to vote.
The second post from Feb. 23 encourages individuals to participate in early voting and reminds them that election day is on March 5.
The third post—which was made yesterday—explains that since Texas has open primaries and redistricting has solidified which seats will be held by which party, people are most likely to vote in the primary for the party that is most likely to win in their area, regardless of the party they identify with. It again encourages people to get out and vote.
According to Section 11.169 of the Education Code, “Notwithstanding any other law, the board of trustees of an independent school district may not use state or local funds or other resources of the district to electioneer for or against any candidate, measure, or political party.”
Because of this, the lawsuit asserts that “The Defendants who are members of the Board of Trustees allowed Frisco ISD employees to use funds and other resources of the district to electioneer for or against candidates, a measure or political party when they allowed Megan DeWolfe to publish the statements referenced above, on the Frisco ISD Government Affairs, Facebook page.”
It also notes two other legal violations. These are Section 45.105(a) of the Education Code, which states that “The public school funds may not be spent except as provided by this section,” and Section 255.003(a) of the Election Code—which states “An officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising.”
The lawsuit asserts that the referenced social media posts have violated both of these state laws.
A Frisco ISD spokesperson told Texas Scorecard that “Frisco ISD does not comment on pending litigation.”
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