Texas judge accused of breaking law after asking his college 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, in violation of state law.

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

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

“I have always told you that you will make a difference in the future of our justice system,” Neidhardt wrote. “You can actually make a difference now. If you support a judge who is committed to a better justice system, I can continue 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 mailing system for political advertising. It is also a third-degree crime for government officials to use official information, such as student email addresses, for non-governmental purposes.

Neidhardt wants to keep his seat for the first time since becoming governor general. Greg Abbott appointed him to the newly created 483rd Judicial District Court in Hays County in 2022. He began 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 governor’s office and as an adjunct professor at the University of Texas School of Law.

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

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

“When you sign up for a class, it doesn’t say in the syllabus that you’re being suggested to support a campaign for the man who will control 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 votes. At least three students confirmed to the Tribune that they received the email.

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

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

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

“We may not use University property or resources, including email resources, to attempt to influence elections or legislation,” Vice Chancellor and General Counsel Nelly Herrera wrote in an Oct. 7 email to faculty and staff.

Brian Baker, a San Marcos attorney who teaches at Texas State, said the university repeatedly emails faculty and staff reminders in the run-up to elections to avoid violating state law.

“I think it would be completely inappropriate for me to campaign for other people,” he said. “Especially if you do it for yourself.”

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

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

“I am running to serve my fellow Hays County residents with integrity, dignity and honesty,” Key said. “Tanner Neidhardt is apparently on the run 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 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.