Texas AG’s office sues Harris County clerk over accusations of selectively targeting demographics for voting ads – Click2Houston

Christian Terry, Digital Content ProducerBryce Newberry, ReporterCorley Peel, ReporterPublished: October 29, 2026 at 2:20 PMUpdated: October 30, 2026 at 3:31 PMChristian Terry, Digital Content ProducerBryce Newberry, ReporterCorley Peel, ReporterHARRIS COUNTY, Texas – Texas Attorney General Ken Paxton’s office has filed a lawsuit Thursday against Harris County Clerk Teneshia Hudspeth’s office and her director of communication over accusations of selectively targeting its “Get Out the Vote” style ads to certain racial and ethnic groups while avoiding targeting other demographics. The lawsuit alleges the clerk and director of communication used Meta’s ad tools to intentionally target certain demographics.“By classifying based upon race when advertising to provide Harris County voters with election information, the County Clerk’s office exceeded its authority. It engaged in racially discriminatory advertising in an effort to increase voter turnout among particular races and ethnicities, but not others,” a release from the AG’s Office said.The attorney general’s office alleges the action is racially discriminatory.“The Office of the Attorney General identified racial discrimination in the County Clerk’s targeting of their “Get Out the Vote” advertisements on Instagram and Facebook. Meta’s platforms allow advertisers to “select the demographics, interests and behaviors of people they want to see their ads.” Publicly available advertising data shows that the County Clerk’s office intentionally directed these ads to certain racial and ethnic groups, but avoided similarly targeting other groups. Meta’s Ad Library shows that the Harris County Clerk’s office spent an estimated $43,429 in the past thirty days on one set of advertisements that it set to be shown preferentially to certain populations,” the release said.The release says Paxton himself has recused himself from the lawsuit because he is a candidate on the November ballot. “The State of Texas brings this action through the Office of the Attorney General. The State brings this ultra vires suit to ensure that all Texans have an equal opportunity to be informed of and participate in the electoral process, regardless of race or demographic,” the AG’s office said.The Harris County Clerk’s Office released the following statement:“The Harris County Clerk’s Office is committed to ensuring that all qualified voters have access to accurate, timely, and nonpartisan election information.We are confident that our voter outreach efforts are lawful. Our highest priority remains conducting a successful, transparent, and secure election. With that responsibility at the forefront, the Meta audience subsets have been deactivated to avoid unnecessary distractions. The Harris County Clerk’s Office does not engage in political rhetoric, nor do we seek to influence how any individual votes for a candidate or a ballot measure. Our responsibility is to administer fair, transparent, and accessible elections in accordance with federal and Texas election laws, and to ensure that every qualified voter has the information needed to exercise their right to vote.That commitment is unwavering and will continue to guide our work.”A law professor at the University of Houston Law Center says the Texas Attorney General’s Office faces a high bar in its lawsuit against Harris County over voter outreach ads that allegedly targeted specific racial and ethnic groups on social media.Seth Chandler says the state cannot win simply by showing who saw the ads, it must prove intent.“What the Attorney General’s Office is going to have to prove is that the selection of categories was done for the purpose — with the intent — of favoring one race or another,” Chandler said.Chandler noted that targeting certain interests on social media could be legally different from deliberately using those interests as a proxy to reach a specific racial group.He also pointed out that even a nonpartisan get-out-the-vote message is not immune from legal challenge.“It’s a fairly benign ad. 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,” Chandler said.Sign up for breaking news alerts.Copyright 2026 by KPRC Click2Houston – All rights reserved.Christian Terry covered digital news in Tyler and Wichita Falls before returning to the Houston area where he grew up. He is passionate about weather and the outdoors and often spends his days off on the water fishing.emailBryce Newberry joined KPRC 2 in July 2022. 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