DENTON, Texas — Texas Attorney General Ken Paxton is suing the Denton Independent School District, accusing two elementary school principals of electioneering by emailing their staff about the upcoming election.
Paxton accused principals at two elementary schools of stumping for certain candidates in emails to their staff earlier this month.
The principals, Lindsay and Jesus Lujan, who are married to each other, urged employees of their respective schools to vote in the Republican primary and to vote for candidates who support public school funding.
“Government absolutely should not be telling people how to vote and particularly not to do so using public resources,” said Seth Chandler, a University of Houston law professor. “I say this as someone who was not a big fan of the Attorney General, but sometimes he's right."
Ross Fischer, a former chair of the Texas Ethics Commission, told WFAA that both emails have potential criminal and civil liability.
“It's against the election code to use public resources for political advertising or to use an internal mail system email system for political advertising,” Fischer said.
Fischer said it’s a Class A misdemeanor, which is punishable by up to a year in jail.
He told WFAA that the Texas Ethics 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.
Neither Lujans responded to a request for comment.
Paxton said the emails were a violation of state election and education laws. Paxton's office is now seeking a temporary restraining order to stop the two principals "from using state or local funds or other resources of the district to electioneer for or against any candidate."
Paxton called the alleged actions of the principals "absolutely improper."
“It is absolutely improper for publicly funded entities like school districts to engage in electioneering as Denton ISD has done,” Paxton said in a news release. “State law prohibits government officials—including school district personnel—from using either their positions of authority or taxpayer resources to influence the outcome of elections."
Both emails went out this month.
Jesus Lujan wrote to his staff at Borman Elementary.
“Voting in Republican Primaries is especially important,” the email said. “… Thus, votes for candidates who support public education and school funding in the Republican primaries, no matter what your party affiliation is.”
"Consider thinking from a 'purple' mindset in future elections," the email continued, "voting for the candidate that will support public ed and funding in the future, despite their party affiliation."
The same email noted that "85% of PRIMARY voters in TX want vouchers."
Lindsay Lujan sent the email to her staff at Alexander Elementary.
“We need to do our part for our Texas Public Schools! Here is a list of all candidates and whether or not they support or oppose public Public School Education,” the email said.
That list led to a link that rated candidates based on whether they were friendly or unfriendly to public education, which Fischer found particularly problematic.
“That’s an easier case to make, he said, in terms of potentially being a violation of criminal law.
Fischer told WFAA that if the emails are deemed a violation of the election code, then any “harmed candidate” could bring a civil suit.
In its own statement issued Friday, Denton ISD said it had been in touch with the Texas Attorney General’s Office about the emails and that it trains all trustees and administrators annually on elections and campaign ethics policies adopted by the board in 2018 and 2021.
The statement also underscored the importance of the March 5 primaries and the impact those elections' results could have on the future of schools in Texas.
"The current primary elections on March 5 are especially significant for public education," the statement read. "These elected officials will make crucial decisions that impact our students, teachers, families and our district as a whole... We encourage all registered voters to do their homework and learn about the candidates and their positions before they vote in the primary of their choosing. Denton ISD strives to create a culture of routine voting, and we believe that participating in the democratic process is every citizen’s civic duty."
The statement also detailed the effect the vote could have on Denton ISD specifically.
"Hundreds of districts across the state, including Denton ISD, have been forced to adopt deficit budgets due to a lack of funding from the State of Texas," the statement read. "This means we are currently in the process of having to make difficult financial decisions that could negatively impact our students and community. The state has not increased the basic allotment per student since 2019, despite inflation being well over 15 percent and the state sitting on a record $32.7 billion surplus. Public education supporters need to proactively engage in the democratic process."