Election
BY SAMANTHA DOUTY & HANNAH JOHNSON
Texas Attorney General Ken Paxton sued Frisco ISD for illegal electioneering, according to a Feb. 28 filing. This came just before the March 5 election, which was after this issue’s press time. The filing names the suit against Dynette Davis, Gopal Ponangi, Rene Archambault, Marvin Lowe, Stephanie Elad, Mark Hill and John Classe in their capacity as board members. The lawsuit also names Superintendent Mike Waldrip and Megan DeWolfe, FISD’s Government Affairs chairperson. Frisco ISD does not comment on pending litigation, a district spokesperson said. The lawsuit was filed against the district in regards to three social media posts that were published on FISD’s Government Affairs Facebook page Feb. 20, 23 and 27. The posts have since been updated. State sues FISD for electioneering Understanding electioneering Electioneering: includes the posting, use, or distribution of political signs or literature, according to the state election code. The board of trustees of an independent school district may not use state or local funds or other resources of the district to electioneer for or against any: • Candidate • Measure • Political party
The background
Feb. 20 Frisco ISD Government Affairs Facebook post stated: Last session, proposed legislation that tied public school funding to a voucher program failed, leaving Frisco ISD $90 million behind 2019 funding levels. Feb. 23 Frisco ISD Government Affairs Facebook stated: Very few competitive seats were left after Texas redistricted Senate and House districts in 2021. Redistricting mostly solidified which seats would be held by a Republican and which would be held by a Democrat. That means whoever wins the party’s primary race will most likely be elected in the general election in November 2024. Feb. 27 Frisco ISD Government Affairs Facebook post stated: In Texas, we have “open primaries,” which means any registered voter can vote in either party’s primary. Since redistricting has mostly solidified which seats will be held by a Republican and which will be held by a Democrat, some voters choose to vote in the primary of the party that’s most likely to win in their area, regardless of which party they normally identify with.
The Texas Election Code states “an officer or employee of a political subdivision may not know- ingly spend or authorize the spending of public funds for political advertising.” On Feb 29, Attorney General Ken Paxton filed a temporary restraining order against the district in regards to the same social media posts mentioned in the Feb. 28 lawsuit. The restraining order will be in effect no more than 14 days, unless it is extended, according to the filing. A temporary injunction hearing is set for March 5 in the 429th District Court in Collin County. In the lawsuit, Paxton cites the social media posts encourage individuals to vote for candidates who support public schools and who are against vouch- ers. The posts also appear to influence the reader to vote in a particular party primary, the filing states. The filing states the board members violated the Texas Election Code when they allowed DeWolfe to publish that statements referenced on the Frisco ISD Government Affairs Facebook page.
Feb. 28 Attorney General files lawsuit against Frisco ISD
Feb. 29 Attorney General files restraining order against Frisco ISD
SOURCE: OFFICE OF THE ATTORNEY GENERAL, FRISCO ISD GOVERNMENT AFFAIRS FACEBOOK PAGE/COMMUNITY IMPACT
Taking a step back
electioneering after an elementary school principal emailed staff members encouraging them to vote in the primary election. Additional lawsuits have been filed against Castleberry ISD and Denison ISD.
The state does not seek monetary relief or attorney’s fees, according to the filing. This is not a first for the attorney general’s office. The office filed a similar lawsuit against Denton ISD on Feb. 22 for illegal
SOURCE: TEXAS ELECTION CODE/COMMUNITY IMPACT
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