The Office of the Attorney General (OAG) has filed a lawsuit against the Harris County Clerk and the Clerk’s director of communications, alleging that the clerk’s office ran get-out-the-vote style advertisements that were targeted by race and ethnicity, according to an Oct. 29 news release from the office.
The office said the Harris County Clerk’s office used Meta’s advertising tools to intentionally direct “Get Out the Vote” style ads to certain racial and ethnic groups while avoiding other demographics. The OAG said it identified the targeting in ads on Instagram and Facebook, platforms whose tools allow advertisers to select the demographics, interests and behaviors of the people they want to see their ads.
According to the release, publicly available advertising data show that the clerk’s office intentionally directed the ads to certain racial and ethnic groups but did not similarly target others. The office said Meta’s Ad Library shows the Harris County Clerk’s office spent an estimated $43,429 over the past 30 days on one set of advertisements that it set to be shown preferentially to certain populations.
The OAG argued that by classifying audiences by race when advertising election information to Harris County voters, the clerk’s office exceeded its authority and engaged in racially discriminatory advertising meant to increase turnout among particular races and ethnicities but not others.
The release said Attorney General Ken Paxton, who is a candidate on the November ballot, has recused himself from the lawsuit. The State of Texas is bringing the action through the Office of the Attorney General, which described it as an ultra vires suit, a type of claim alleging that a government official acted beyond legal authority. The office said the suit is intended 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 release did not include a response from the Harris County Clerk’s office. The attorney general’s office provided a link to the court filing in its announcement.