WFCN –
Huffman Independent School District and Aledo ISD have both been sued by Texas Attorney General Ken Paxton, who is navigating the murky seas of suspected illegal electioneering. Allegations have been leveled against these districts that they violate the strict limitations of the Texas Election Code by diverting state funds to influence electoral outcomes.
The use of “state or local funds or other resources of the district to electioneer for or against any candidate, measure, or political party” is specifically forbidden by the code, and the superintendent of Huffman ISD is facing criticism for allegedly rallying 200 teachers to support a group of candidates opposed to school choice.
During a school meeting held at Hargrave High School on February 7th, Huffman ISD Superintendent Benny Soileau allegedly pushed his workers to support the 16 Republican primary candidates who were determined to repeal school choice legislation, rather than simply offering advice.
In his address to the assembled throng, Soileau warned that the fate of public education would be irrevocably altered if they did not back the 16 members running for office in the next election (as reported by the Houston Chronicle). Using district funds for political purposes is in violation of state law, which is where Paxton’s legal grievances center.
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Some parts of the lawsuit suggest that Soileau abused his position by trying to get his employees to vote for people who were against school choice measures. Claims are made against him based on his alleged income of $289,000. Defying the allegations and launching a 19-page counterattack against the attorney general’s litigation position, Huffman ISD is standing firm in the face of these charges. The district’s legal team argued that the superintendent was doing nothing more than “orally communicating factual information.”
Thompson & Horton LLC’s Stephanie A. Hamm presents the defense’s arguments in depth, arguing that Solieau’s remarks did not cross the line into electioneering since he was not involved with any political materials—a point that was mirrored in the Houston Chronicle’s article.
As for the attorney general’s office, it chose not to comment when asked for comment. While a recent court ruling prohibits Paxton from unilaterally prosecuting election cases, his history of fighting voter fraud provides the greater backdrop for this legal dispute.
Paxton has shifted his focus to civil injunctive relief, which still gives him the option to sue entities like school districts for alleged election interference. The flip side is that other districts have moved quickly to end the controversy around electioneering claims. In one case, while a restraining order was looming on the horizon, the Frisco ISD board of trustees chose to settle quickly.
According to the Texas Attorney General’s office, Renee Smith-Faulkner, the superintendent of Castleberry ISD, agreed to an injunction guaranteeing that no district monies or resources would be attached to political campaign wagons, thus imposing an embargo.