As many Texas school districts have been caught electioneering for candidates and causes that benefit them, taxpayers are calling for stronger laws to help curb this illegal practice.
A new report from the Texas Public Policy Foundation reveals the amount of taxpayer funds that school districts are using to influence elections and what can be done to combat the practice.
Cornell Law School defines electioneering as “the process by which political groups convince voters to cast ballots for or against particular candidates, parties, or issues (such as ballot issues, school board budgets, or referendums) in an upcoming election.”
Activities that may violate an election law include an officer or employee of a political subdivision knowingly spending or authorizing the spending of public funds for political advertising or using public resources to advocate for or against a political candidate or group of candidates. A school board of trustees is also prohibited from using state or local funds during an election year to support or oppose any candidate, measure, or political party.
The report lays out the many instances where school districts have been caught electioneering, including Denton Independent School District, where administrators Jesús and Lindsay Luján were accused of sending emails from their school email addresses encouraging staff to vote for anti-school choice candidates.
In another instance, Huffman ISD Superintendent Benny Soileau was caught on audio urging school administrators to support all 16 anti-school choice Republicans in the March 2024 GOP primary.
Additionally, Turkey-Quitaque ISD, in the Texas Panhandle, posted on its website a copy of its tax increase election notice with the words “Vote FOR the VATRE.”
TPPF’s James Quintero and Ben Solin recommend that during the 89th Legislative Session, lawmakers should consider statutory changes, such as enabling the Office of the Attorney General to institute a criminal prosecution of election law violations in district courts.
They also recommended requiring any school official found guilty of electioneering to be subject to termination without severance or extended benefits, as well as making electioneering-related criminal violations a state jail felony and imposing added penalties such as a spending freeze or additional training requirements for school districts caught repeatedly engaging in electioneering-activities.
Quintero told Texas Scorecard that existing state laws have done nothing to solve the electioneering problem and reforms are needed.
“It’s shocking how many school district officials are openly violating the law today so as to support primary candidates, push bonds, and grab more tax money. This type of lawlessness seems to have become commonplace,” said Quintero. “Existing state laws have done little to prevent illegal electioneering activities. We need strong, new reforms to better protect the public trust, punish bad actors, and put the attorney general in a position to hold people to account.”
“Texans deserve free and fair elections. State lawmakers can deliver by getting the politics out of public school,” he concluded.
