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Editor’s note: This story was updated Monday, Nov. 5, with comments Texas Attorney General Ken Paxton made on a Lubbock radio show.
Less than 36 hours before Election Day, the race for attorney general is showing signs of competition that have been absent in just about every other statewide contest.
Republican incumbent Ken Paxton, who was indicted more than three years ago on felony securities fraud charges, has been running a relatively quiet campaign with the comfortable advantage of a GOP incumbent in a state that has not elected a Democrat statewide in more than two decades.
But now he is firing back at his Democratic challenger, Justin Nelson, with a new attack ad โ the first one from Paxton that addresses the indictment โ and getting a fresh influx of high-dollar campaign donations, signals that Republicans are not taking anything for granted in the race for Texasโ top lawyer.
Nelson, a prominent Austin attorney, has made Paxtonโs legal troubles the basis of his campaign and the main focus of much of his advertising โ posting billboards around the state featuring Paxtonโs mugshot, commissioning a rolling billboard he calls the โMugshot Mobileโ and even sending campaign staffers dressed as Paxton in prisoner garb to frolic on the Capitol grounds in a Halloween stunt. Yet most consequentially, Nelson has spent significantly to air TV ads informing voters all over the state that their attorney general is under indictment.
The anti-Nelson push from Paxtonโs campaign suggests that the Democratโs jabs have been successful in getting something most other Democratic statewide candidates have been aching for: the GOPโs attention. Except for the blockbuster U.S. Senate battle between incumbent Ted Cruz and Democratic challenger Beto OโRourke, Republican statewide officials have largely ignored their Democratic challengers, let alone gone negative on TV against them.
โNelson has successfully raised the profile of the race to a level where Republicans began to be nervous that people who vote straight-ticket Republican may cross over in this race as they learn more about Ken Paxton,โ said Mark Jones, a political science professor at Rice University. โWhile theyโre still counting on it, they donโt have 100 percent confidence.โ
“We’ve taken it seriously,” Paxton told Lubbock radio host Chad Hasty on Monday morning, noting the considerable financial support Nelson has received from legal colleagues and the Democrat’s ability to self-fund. As for Tuesday โ when U.S. Sen. Ted Cruz, R-Texas, is also fighting for another term โ Paxton told Hasty: “Cruz’s race could be close. I think mine could be close.”
Paxton launched his first TV spot against Nelson late last month. Paxtonโs second TV ad against Nelson arrived Friday, and it is a relatively direct response to Nelsonโs focus on the indictment, claiming โliberals abused our courts to attack Ken Paxtonโ and emphasizing that a federal judge dismissed those charges twice.
โJustin Nelson has spent millions of dollars attacking Ken Paxton with misleading ads, and we thought voters needed to know the truth,โ said Jordan Berry, a spokesman for the Paxton campaign.
Texas Attorney General Ken Paxton’s newest ad targeting Democrat Justin Nelson.
Paxton was cleared in a federal civil case but still faces state criminal charges, to which he has pleaded not guilty. His case is currently tied up in a long-running procedural battle over legal fees thatโs pending before the Texas Court of Criminal Appeals.
Paxtonโs two ads against Nelson also claim, without citing evidence, that Nelson supports a โdangerous open-borders policy.โ The latest commercial features an image of the massive migrant caravan that is heading north through Mexico, claiming Nelson wants to โlet everyone in.โ
Nelson has called the ads dishonest.
โKen Paxton is desperate and running scared,โ Nelson said in a statement on the latest commercial. โThis race is not about right versus left, it is about right versus wrong.โ
In addition to the TV ads, Paxtonโs recent campaign finance filings have indicated that Republicans in high places are tuned in to the race in its home stretch. In recent days, the attorney general has received a $282,000 in-kind donation from Gov. Greg Abbottโs campaign; more than $350,000 in in-kind contributions from Texas for Lawsuit Reform, the political arm of the tort reform group; and $10,000 each from two of the biggest donors in the Republican Party: Sheldon and Miriam Adelson.
Abbott, Paxton’s predecessor, has emerged as a particularly notable presence in the race’s closing days. Paxton’s latest TV ad highlights his support from the popular governor, and the two appear together in a spot being run on social media.
While Paxton has maintained a fundraising advantage throughout most of the race, Nelson has proven to be more financially competitive than the other Democratic statewide candidates besides OโRourke. Nelson has raised more than $3.3 million and loaned himself $1.5 million, $1 million of which came just last month.
Paxton has had a comfortable lead in the few polls that have been released publicly. He was up 12 points in a recent University of Texas/Texas Tribune poll that was conducted during the first few days after Nelsonโs TV ads began airing โ a comfortable margin, but notably smaller than the leads held by Abbott and Lt. Gov. Dan Patrick.
At a rally in Houston earlier this month, President Donald Trump called on Texans to back Paxton, who has received kind words from the president before. And on a phone call with grassroots supporters last month, Patrick listed Paxtonโs race as one of three competitive enough to merit votersโ attention.
Paxton appeared Sunday evening at a rally for U.S. Sen. Ted Cruz, R-Texas, in the attorney generalโs backyard of Collin County. Speaking before Cruz, Paxton did not talk about his race but cast the stakes for Republicans on Tuesday in sweeping terms.
โIf we donโt save Texas in the next two days,โ Paxton said, โwe could lose America.โ
Even if Paxton isnโt in serious danger of losing his seat, the last-minute efforts are a way of avoiding an embarrassing single-digit victory.
โFrom the Republican perspective, you donโt want to present any type of weakness. You want to destroy Democratsโ hope and optimism, you donโt want to fuel Democratsโ hope and optimism,โ Jones said. โOne way to fuel them is through Justin Nelson getting within 5 or 6 points of Ken Paxton.โ
Disclosure: Rice University 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 them here.


