Texas judge accused of breaking law after asking his university students to vote for him

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A candidate running against a Central Texas district judge is accusing her opponent of using his adjunct teaching position at Texas State University to encourage students to campaign and vote for him, violating state law.

According to a letter sent to Texas State President Kelly Damphousse by a lawyer representing Alicia Key, Judge Tanner Neidhardt emailed his students on Oct. 21 asking them to vote for him and to encourage their friends to do so as well.

Any student who helped campaign for him at the on-campus polling location would receive a free campaign t-shirt and pizza, according to a screenshot of the email provided to The Texas Tribune by Key’s attorney, Chevo Pastrano.

“I’ve always told you that you will make a difference in the future of our justice system,” Neidhardt wrote. “In fact, you can make a difference right now. When you support a judge committed to a better justice system, I can keep working to improve it.”

A spokesperson for the university said it does not comment on personnel issues. Neidhardt did not immediately respond to requests for comment.

State law prohibits any state employee from using an internal mail system for political advertising. It is also a third-degree felony for public employees to use official information, such as student email addresses, for nongovernmental purposes.

Neidhardt is running for the first time to keep his seat since Gov. Greg Abbott appointed him to the newly created 483rd Judicial District Court in Hays County in 2022. He started teaching as an adjunct professor at Texas State in August 2023, according to his LinkedIn page. He previously served as deputy general counsel for the office of the governor and as an adjunct professor at the University of Texas School of Law.

Pastrano asked the university to terminate Neidhardt. Pastrano told the Tribune he filed a criminal complaint against Neidhardt with the Texas State University Police Department and the Hays County District Attorney. Hays County District Attorney Kelly Higgins said he had received Pastrano’s letter but could not comment further on the matter.

Pastrano told the Tribune that he felt Neidhardt’s actions put students in an uncomfortable situation.

“When you sign up for a class, it's not on the syllabus that you're going to be propositioned to support a campaign for the guy who's got control of your grade at the end of the semester,” he said.

Pastrano also included in the letter to Damphousse a copy of another email Neidhardt sent to a large number of Texas State students in which he introduced himself as a district judge and professor and asked for their vote. At least three students confirmed to the Tribune they received the email.

Texas State junior Emma Bean said she had never been contacted directly by an individual running for political office through her university email before.

“It almost felt like Mr. Neidhart had a bit of an unfair advantage since he is also a professor at the school,” she said in an email. “I was less uncomfortable by the email and more put off [by] the idea of Mr. Neidhart as a candidate.”

Neidhardt’s emails to students came two weeks after Texas State University System lawyers sent an email to faculty reminding them that state law prohibits the use of state programs and resources to support candidates or influence an election.

“We should not use university property or resources, including its e-mail resources, to attempt to influence elections or legislation,” Vice Chancellor and General Counsel Nelly Herrera wrote in an email to faculty and staff on Oct. 7.

Brian Baker, a San Marcos lawyer who teaches at Texas State, said the university repeatedly emails faculty and staff reminders to not violate state law leading up to an election.

“I think it would be wildly inappropriate for me to campaign for other people,” he said. “Even more so when you're doing it for yourself.”

Key, Neidhardt’s opponent, is a former district attorney who worked in the child support division of the Texas attorney general’s office and as administrative director for the State Office of Court Administration. She also served as a former assistant district attorney and an associate judge in Wichita County.

In a statement, Key slammed her opponent’s behavior.

“I am running to serve my fellow Hays County residents with integrity, dignity, and fairness,” said Key. “Tanner Neidhardt is apparently running for his personal gain and ambition, and is willing to break the law and abuse his position to try to win. Hays County deserves better."

The Texas Tribune partners with Open Campus on higher education coverage.

Disclosure: Texas State University System 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.