Texas Attorney General Ken Paxton.
Texas Attorney General Ken Paxton. Marjorie Kamys Cotera

The first Valentineโ€™s Day note that Kevin Dyes received from Texas Attorney General Ken Paxton last month was a โ€œcease-and-desistโ€ letter. The next two were open records requests.

All three seemed aimed at warning Dyes โ€”ย the superintendent of Holliday ISD, a North Texas school district that enrolls just over 1,000 students, employs just over 100 staff and occupies just under 300 square miles โ€”ย to stop his โ€œillegal electioneering.โ€

That was not what Dyes thought heโ€™d been up to in the months leading up to Texasโ€™ March 6 primary election.

โ€œAll I was trying to do in any of that โ€”ย on Twitter, or in communications with my staff or the public โ€”ย was to advocate for public education,โ€ he said.

Dyes suspects that it was his Twitter presence, where he often retweets educators pledging to โ€œ#blockvoteโ€ in favor of pro-public education candidates, and that of the district, that drew Paxtonโ€™s attention.

Dyes was one of more than a dozen administrators whose districts were hit last month with open records requests from the Texas Attorney Generalโ€™s Office seeking district communications about Texas primaries, voting and certain candidates and races, documents obtained by The Texas Tribune in a records request show.

And he was one of a smaller group of educators whose districts also received a cease-and-desist letter from Paxton, the stateโ€™s top lawyer. After sending three letters last month, Paxtonโ€™s office sent two more Friday morning โ€”ย to Elgin ISD and Galena Park ISD, both districts that had received records requests โ€” asking administrators to stop using taxpayer money to advocate for political candidates.

โ€œSchool districts violate the Texas Election and Education codes when they exhort faculty or others to vote for a particular person or ballot measure,โ€ Paxton said in a statement Friday. โ€œSpending taxpayer dollars on advocating for or against political candidates is unacceptable.โ€

The letters are just the latest salvo in an ongoing battle over the role Texas public schools play in elections. Long-standing civic engagement initiatives aimed at getting more Texas teachers out to vote have come under fresh attack this election cycle, with conservative groups and Paxton himself warning that some efforts constitute โ€œillegal electioneering.โ€ A January ruling from his office advised districts that busing teachers and voting-age students to polling places is illegal unless such trips serve an โ€œeducational purpose.โ€

The records requests probeย school administratorsโ€™ words and actions in an effort to identify illegal activity committed on the taxpayersโ€™ dime. Public school employees can register students to vote and promote civic engagement, but theyโ€™re not allowed to use public money or other resources to support particular political candidates or parties.

The AGโ€™s office did not return requests for comment on the records requests themselves, but has said several times itโ€™s investigating complaints of election law violations and will continue to do so.ย But educators and advocates see a political motivation behind the probes and the other missives that preceded them.

โ€œTo me itโ€™s voter suppression โ€”ย an attempt to bully us,โ€ said Troy Reynolds, the founder of Texans for Public Education and an administrator in Splendora ISD, which did not receive an AG request last month. โ€œIโ€™ve never seen anything like this beforeโ€ฆ Theyโ€™re trying to shut us up.โ€

But state Sen. Paul Bettencourt, the Houston Republican who asked Paxton in December to weigh in on whether schools could bus employees to the polls, said claims that Paxton’s work is politically motivated are “an emotional response not based in reality.”

โ€œWhen I see political activity not just creeping into schools but galloping into schools, you just gotta pull the reins and stop it,โ€ Bettencourt said, adding that Paxton is merely working to ensure schools “educate the kids, not get into politics.”

Paxtonโ€™s officeโ€™s recent inquiries went to school districts of all sizes all across the state. Many requests were broad, asking for communications among top school officials that included words like โ€œvote,โ€ โ€œvoting,โ€ โ€œTexas Legislatureโ€ and โ€œprimary.โ€ The AGโ€™s office also sought campaign emails and information about โ€œget out the vote efforts.โ€

While Paxtonโ€™s office said itโ€™s targeting suspected lawbreakers, educators and advocates have pointed out that many o the requests were sent to the sites of tight Republican primary races, including two districts โ€”ย Frisco ISD and Allen ISD โ€”ย that fall in Senate District 8, where Paxtonโ€™s wife Angela Paxton recently won an expensive, hard-fought Republican primary against Phillip Huffines.

Granbury ISD โ€”ย whose superintendent, Jim Largent, had the backing of many in the education community in his unsuccessfulย challenge against state Rep. Mike Lang โ€” received three separate requests from the AG. Lang, a member of the conservative House Freedom Caucus, had the support of Empower Texans.

The AGโ€™s office asked Granbury ISD for a copy of an email from Largent to district staff announcing his campaign and another from the superintendent containing the words โ€œTheir goal is to demonize and destroy public education and it is working.โ€

โ€œOne could probably connect the dots and come up with some theories about what they were doing,โ€ Largent said in an interview this week.

Many requests also honed in on another Republican race: the face-off between sitting Lt. Gov. Dan Patrickย and challenger Scott Milder, a public education advocate backed by many in the education community. Milder ultimately lost to Patrick by more than 50 percentage points.

Milder said he sent campaign emails to about 100,000 educators, and those messages appeared in response to several of the AGโ€™s requests. A disclaimer at the top of one Milder email advises recipients that โ€œforwarding this email would be considered a violation so please do not forward from district email or device,โ€ but merely receiving the email at a district address โ€œis not a violation of any law.โ€

Some district administrators took care to pass the email along from their personal email addresses, records show. But others shared it from their official district addresses.

Joe Coleman, a principal in Galena Park ISD, was cited for doing just that in Paxtonโ€™s second round of cease-and-desist letters Friday.

โ€œI agree that we need to support Scott Milder in his quest to become the Texas Lieutenant Governor,โ€ Coleman wrote, passing along Milderโ€™s email. โ€œRemember, to ask for Republican Ballott, you can vote in Texas in the primaries for a Republican or Democrat. Let’s support Scott Milder. Please tell all of your friends and family this is critical.โ€

Coleman wrote back the next day: โ€œI probably broke some type of rule with this email, probably not good judgement. I have not had a complaint but just letting you know in case you get one. Joe.โ€

Milder said it was โ€œthoroughly disappointingโ€ that Paxton would go to such lengths to โ€œintimidate educatorsโ€ out of voting.

โ€œWe know that the AG runs in the same circle as the lieutenant governor and theyโ€™re going to help each other out with their re-election campaigns,โ€ Milder said. โ€œThe best way for the AG to get involved to help the lieutenant governor and the Empower Texans candidates is to intimidate regular Texans, rational Texans from voting. And itโ€™s working.โ€

Some advocates allege that the process behind the AG’s office sending the requests was political as well.

Before the AGโ€™s office began submitting records requests, school districts had already received similar inquiries from conservative groups, including the aggressive and influential Empower Texans. The Texas Civil Rights Project, a voting-focused advocacy group, pledged this week to โ€œshine a light on any coordinationโ€ between the groups. Empower Texans did not return a request for comment on this story.

Dyes said the coordination is obvious. In October, his district signed on to a โ€œculture of votingโ€ resolution. Dyes said his office turned the signed resolution over to Empower Texans when that group submitted a records request, but that the document wasnโ€™t posted anywhere online.

Then, a copy of the signed resolution appeared in the cease-and-desist letter Paxtonโ€™s office sent to Holliday ISD last month.

โ€œThey must be working together,โ€ Dyes said. โ€œEvidently somebody in Empower Texans gave them that resolutionโ€ฆ because itโ€™s not available anywhere else.โ€

Reynolds, the education advocate, agreed.

โ€œI donโ€™t believe thatโ€™s an accident at all. I think thereโ€™s an agenda behind it,โ€ he said. โ€œItโ€™s so they can maintain the power they have in the Legislature and push vouchers. No oneโ€™s ever had a problem with public sector employees activating before.โ€

Some educators suspect that the new scrutiny on their election-related activities is motivated not by a concern for the law but by a concern that education-backed candidates could unseat many of the Legislatureโ€™s most conservative members. After lawmakers failed to deliver the school finance overhaul many sought during last yearโ€™s legislative sessions, educators pledged to come out to the polls in force this election cycle.

Educational advocates said those numbers had begun to scare those in power ย โ€”ย although last weekโ€™s primary results suggest educatorsโ€™ numbers were not as high as some anticipated.

โ€œI think itโ€™s absolutely politically motivated,โ€ said Laura Yeager, whose educational engagement groupโ€™s years-old voting resolution has been attacked for the first time this election cycle as suspicious and illegal. โ€œItโ€™s just so disappointing. Really, they should be encouraging people to voteโ€ฆ. This is not what our country is supposed to be about.โ€

Disclosure: Laura Yeager has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of themย here.ย 

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Emma Platoff was a reporter at the Tribune from 2017 to 2021, most recently covering the law and its intersection with politics. A graduate of Yale University, Emma is the former managing editor of the...