LOCAL AND FEDERAL ELECTIONS
Texas State University emails are to be used for school purposes – not for elections, according to an email sent by Texas State University System general counsel a few weeks before 483rd District Judge Tanner Neidhardt used his university email to encourage his students to vote for him in the election that is currently in the early voting stage. His opponent for the 483rd District Judge title, Alicia Key, has responded by obtaining a lawyer to file complaints with the Texas State University Police Department and the Hays County District Attorney. They are also requesting action from TXST University President Kelly Damphousse, requesting that Neidhardt be “terminated immediately.”
On Oct. 7, Nelly Herrera, Texas State University System vice chancellor and general counsel, sent an email to all Texas State University faculty and staff warning not to use state programs or resources for election purposes.
“[T]he Texas Government Code prohibits the use of state programs and resources to support or oppose a candidate for public office or to influence an election,” Hererra wrote. “We should not use university property or resources, including its email resources, to attempt to influence elections or legislation.”
Chevo Pastrano said he has been retained to represent the Alicia Key for District Judge Campaign to assist with addressing Neidhardt’s violations of law and his defiance of the warning/admonishment of the Vice Chancellor and General Counsel.” According to the letter sent from Pastrano to Damphousse, Neidhardt sent an email to his students with the subject line “Class Today and My Request for your Help” on Oct. 21.
“As the syllabus says, no class today. We resume on Wednesday. That means that you have time to go Vote. I ask for your vote so I may remain Judge of our county here,” Tanner stated in the email. “Encourage your friends to vote for your Professor/ Judge Tanner who is on the ballot. … Support me with a shift (or shifts!) at the LBJ voting Center and wave a sign to vote for Tanner For Texas.”
Another email sent by Neidhardt on Oct. 25 stated, “I tell the students in my class that they will make the difference in the future of our Justice system. And 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. I ask for your Vote.”
Neidhardt said he has loved his time as an adjunct professor at Texas State University and was unaware that he was unable to use his university email for campaigning purposes.
“While I have challenged my students to think critically, I have learned a great deal from them at the same time,” Neidhardt said. “I take full responsibility for sending emails to students asking for their vote and support. I did not see a recent email from the University about political messages. My understanding is that Beto O’Rourke also did this when he was a professor, which is why I thought it was allowed. I apologize for any inconvenience my emails caused to the recipients or to the University. After I learned of the policy, I did not send another.”
Brian Owsley, UNT Dallas College of Law associate professor, said of Neidhardts two positions — district judge and adjunct professor, he can easily be removed from one, “but it’s not the judgeship.”
“It’s not like there’s going to be a complaint, and he’s going to be removed from the bench tomorrow. If they’re filing with the state agency that supervises judges, it could lead to some sort of consequence — maybe some sort of a temporary suspension while they sort it out or something like that. It could lead to a censure or some other sanction. It could lead to some kind of proceeding to remove him,” Owsley said. “I don’t know what Texas State can and would do, but part of me thinks that they shouldn’t remove him in the middle of the semester because that can negatively impact the students. But they might be able to say, ‘Well, we’re not going to do that, but he won’t be teaching here anymore.’ But obviously the other side wants him to be removed right away because it makes a big splash. And it deprives them access to the email address.”
In the letter sent to Damphousse, Pastrano claims that Neidhardts emails violated Texas Election Code Chapter 255.0031 (a), Unlawful Use of Internal Mail System for Political Advertising, which states, “an officer or employee of a state agency or political subdivision may not knowingly use or authorize the use of an internal mail system for the distribution of political advertising.”
Pastrano claims that Neidhardt also violated Section 39.06(b) of the Texas Penal Code, which states “a public servant commits an offense if with intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that he has access to by means of his office or employment.”
Pastrano said that this article of the Texas Penal Code was violated because “by virtue of his position as an adjunct professor, Neidhardt has or obtained access to the email addresses for the student body. That information is not accessible to the public. Having obtained the email addresses by virtue of his position as a public servant as an adjunct professor, Neidhardt used that information for a nongovernmental purpose, namely electioneering, with intent to obtain a benefit by influencing an election.”
Neidhardt said he hopes that residents’ votes will be based on the important matters related to the ability to perform the duties of the 483rd District Judge.
“In the week that remains, I hope we can return the focus of this campaign to the candidates’ qualifications to handle jury trials for the most serious felony crimes and civil matters,” Neidhardt said. “Hays County residents deserve judges who can faithfully administer justice and defend the Constitution.”
Pastrano requested that Neidhardt’s privileges as an adjunct professor be terminated immediately, his email accounts suspended, his access to TXST information technology systems be suspended and that the university take remedial measures to “cure the effect of Neidhardt’s violations of Texas law.”
Texas State University declined to comment as “per university policy, TXST does not comment on personnel matters.”
