The Texas Attorney General’s Office has filed a lawsuit against Harris County over allegations that the county used Facebook and Instagram advertising tools to direct voter outreach messages toward selected racial and ethnic audiences while excluding others. The county has since reached an interim agreement with the state, saying the resolution allows election operations to remain its focus ahead of Election Day.

Filed Oct. 29, the lawsuit centers on the county’s social media efforts to encourage residents to prepare to vote in the Nov. 3 general election. The state alleges that Harris County used Meta’s audience-targeting features to reach people through interests and categories associated with African American, Latino and Asian cultures without using comparable categories for other groups.

The state argues that using these categories to distribute publicly funded voter information amounted to unconstitutional racial and ethnic discrimination under the Texas Constitution.

Harris County disputes the state’s allegations and maintains that its voter outreach is lawful and nonpartisan. The county said the advertisements contained voting information and were part of a broader effort to reach residents through multiple communication channels.

According to the county, the Attorney General’s Office did not contact officials by phone or email to raise concerns before filing the lawsuit. County officials said they learned of the legal action through a public announcement from the state, which came during the final days of early voting.

The county also confirmed that the audience targeting at issue had already been removed. Harris County said it reached an interim agreement with the Attorney General’s Office and remains confident that its efforts to provide voter information to communities throughout the county comply with the law.

Harris County Attorney
Abbie Kamin

County Attorney Abbie Kamin criticized the lawsuit and said the agreement allows the county to redirect its attention to election operations.

“Ken Paxton is clearly grasping at straws, trying to remain relevant and manufacture distractions. The Agreement is a win for Harris County, ensuring the Attorney General’s preposterous and baseless claims do not take away time and resources from critical county operations—Paxton’s thinly veiled political stunt has taken enough of our time. Today’s agreement lets us get back to the work that matters for the people of Harris County. We have seen bad actors try to lay the groundwork to undermine confidence in our elections and our democratic process. We won’t stand for it. We will continue to defend Harris County and every eligible voter’s rights,” Kamin said.

Attorney General Ken Paxton recused himself from the case because he is a candidate in the Nov. 3 election. The lawsuit was filed by the Texas Attorney General’s Office on behalf of the state.

The dispute raises questions about how government agencies may use demographic, cultural-interest and geographic categories when distributing public election information through social media. The state contends that the county’s advertising approach unlawfully favored certain racial and ethnic groups, while Harris County maintains that its outreach was designed to make election information accessible and did not seek to influence voting choices.

Early voting in Texas ends at 7 p.m. Friday, Oct. 30. Election Day is Tuesday, Nov. 3. The state’s allegations have not been proven in court, and the interim agreement represents a development in the ongoing legal dispute.