The Harris County Clerk’s Office changed ad settings for online get-out-the-vote ads late Thursday after the Texas Attorney General’s Office sued over settings it described as “racially discriminatory” in targeting some voters.
The attorney general’s office sued the clerk Thursday for promoting get-out-the-vote ads., alleging they targeted Black, Latino and Asian voters while excluding “European ethnicities.”
The lawsuit asked a Harris County district judge to order the removal or reconfiguration of social media ads to remove all identifiers targeting voters along racial and ethnic lines.
In a statement Thursday evening, Harris County Clerk Teneshia Hudspeth said audience tags on ads were removed “to avoid unnecessary distractions” from the election.
It’s unclear how the removal of hearing tags affects the attorney general’s office’s prosecution.
The lawsuit argues that ads on Meta platforms like Facebook and Instagram included tags that intentionally directed them toward users with African, Asian and Latino interests and origins.
Tags listed included African American literature, Latin music, Hispanic cuisine, East Asia, 27 different countries, and several foreign cities, including Madrid and Bangkok.
The lawsuit contends the clerk’s office acted unconstitutionally by using ad targeting that prioritizes people of certain ethnicities but not others.
“There can be no legitimate reason for Harris County to intentionally target voters’ ethnicities, cultural interests, and countries, but not against European ethnicities, cultural interests, or countries, much less against interests specifically tailored to those in Houston or Texas — those who would actually vote in Harris County elections,” the lawsuit states.
The ads, which encourage voters to plan their vote, began airing in late September and early October, according to the petition.
“Each time these advertisements remain active and improperly target users based on their race or ethnicity, Defendants are violating the Texas Constitution,” the lawsuit states.
The Harris County District Attorney’s Office said it was reviewing the lawsuit, calling it a “pathetic political distraction” in a statement on social media.
“Harris County remains extremely focused on ensuring that every eligible voter’s voice is heard and their votes are protected, not on sideshows that appease demagoguery,” the statement said.
A statement from Paxton’s office accuses the Harris County clerk of running the ads “in an effort to increase voter turnout among particular races and ethnicities.”
The statement also said Paxton is not participating in the trial because he is on the ballot as a Republican candidate for U.S. Senate. Paxton’s office did not respond to questions about when in the trial the attorney general recused himself or how the office learned about the ad targeting.
U.S. Rep. Christian Menefee, a Democrat who represents part of Houston, condemned the lawsuit in a statement on social media accusing Paxton of wanting to “stop Houstonians from going to the polls.”
“He’s complaining about ads that do nothing more than tell neighbors when to vote and where to get information about voting,” Menefee said. “Paxton is upset that diverse voters in Harris County are making their voices heard.”
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