To Avoid Violating Texas Election Laws
Texas Attorney General Ken Paxton announced (Jan. 28) that he has mailed educational materials to all Texas ISDs and charters detailing the
The letter includes a seven-page booklet, also available online, that contains a FAQ section and guidelines for schools (click on the image for the booklet).
The booklet cautions, for instance, that (to paraphrase):
- Absent some form of educational purpose in providing students transportation to polling places, schools can’t transport employees or students to or from polling places to vote — not even if the goal of using school vehicles to transport students to polling places is to “promote a culture of voting or civil engagement” — because doing so serves no educational purpose of the school district “and violates the parameters of Texas law.” Note: This is what Paxton ruled in a 2018 nonbinding attorney general’s opinion.
- Schools or classes may examine a particular political race or measure for educational purposes if all sides of an issue, or all candidates involved, are equally and fairly discussed, in a manner that does not demonstrate a clear or implied favoritism or preference.
- School employees can actively participate in politics and political campaigns, but only on their personal time and without using district resources.
Social Media Accounts
The booklet also discusses what’s allowed, and what’s not allowed, in terms of school district social media accounts, and includes a rather involved discussion of when the manager of a district’s social media account can, and cannot, post “likes” or links to third-party websites.
“School districts hold the responsibility of equipping students to participate in the democratic process, but they, like all state agencies, must refrain from spending public funds to advocate for or against political candidates,” Paxton said in a press release.
Controversy
The guidance follows controversy that erupted when Paxton, in Spring 2018, sent cease-and-desist letters to about a half-dozen ISDs ordering them to end what he claimed was unlawful electioneering.
One district, for example, drew such a letter from Paxton when one of its high schools retweeted a photo of its superintendent embracing a candidate for an election in support of that candidate.
The AG’s letters in 2018 were sent after several conservative legislators and groups accused a non-profit, pro-education group, Texas Educators Vote, of violating state law by encouraging school administrators to unlawfully “incentivize” voting for specific candidates or issues, an assertion the group denied.
Texas Educators Vote has remained active, and has included a list of do’s and don’ts prominently displayed on its website, with the bottom line recommendation: “Don’t electioneer: [don’t] support or oppose a specific candidate, a party, or ballot measure” and instead register to vote, research candidates, and vote.