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Ken Paxton accuses Frisco ISD of electioneering for school voucher opponents in lawsuit

Texas state Attorney General Ken Paxton, center, makes a statement at his office in Austin, Texas, Friday, May 26, 2023.
Eric Gay
AP Photo
Texas state Attorney General Ken Paxton, center, makes a statement at his office in Austin, Texas, Friday, May 26, 2023.

Attorney General Ken Paxton sued the Frisco Independent School District Wednesday over alleged electioneering related to a series of district social media posts, six days after suing Denton ISD over similar claims.

The petition asks for a restraining order and temporary and permanent injunctions against the district, and alleges three Facebook posts over the past week from the Frisco ISD Government Affairs page are encouraging the public to specifically vote for candidates who oppose school vouchers.

“The posts also appear to influence the reader to vote in a particular party primary,” the lawsuit states.

Two posts on Feb. 20 and 21 say Frisco ISD lacks $90 million in funding because the Texas Legislature hasn't increased the district's per-student allotment since 2019. Posts from Feb. 23 and Tuesday point out the state allows Texans to vote in both Democratic and Republican primaries and that redistricting has solidified which seats are held by Republicans and Democrats.

"Public education is always on the ballot," the Feb. 21 post reads. "Your vote decides who has a say in school funding. Make sure you get out and vote in the primary election!"

None of the posts explicitly endorse specific candidates or parties, but Paxton argues the district is using public funds to do so, which violates the Texas Election Code. The lawsuit also specifically targets Megan DeWolfe, the district’s government affairs coordinator.

In a news release, the attorney general’s office also threw jabs at the Court of Criminal Appeals’ ruling in a 2021 election law case, which stated Paxton could not unilaterally prosecute election law violations. The decision is motivating his endorsement of three candidates challenging incumbent judges on that court.

“Further, illegal electioneering is criminal conduct and while the OAG is unable to prosecute at this time violators could be subject to criminal prosecution by local authorities,” the statement reads.

Paxton’s office said he is “currently investigating other possible violations across the state.”

A Frisco ISD official said in an email the district does not comment on pending litigation.

Got a tip? Email Toluwani Osibamowo at You can follow Toluwani on X @tosibamowo.

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Toluwani Osibamowo is a general assignments reporter for KERA. She previously worked as a news intern for Texas Tech Public Media and copy editor for Texas Tech University’s student newspaper, The Daily Toreador, before graduating with a bachelor’s degree in journalism. She is originally from Plano.