Texas judge charged with breaking the law after asking his students to vote for him

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A candidate running against a Central Texas district judge accuses her opponent of using his position as an adjunct professor at Texas State University to encourage students to campaign and vote for him, in violation of state law.

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

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

“I have always said you would change the future of our justice system,” Neidhardt wrote. “You can actually make a difference now. If you support a judge committed to creating a better justice system, I can continue to work to improve it.”

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

State law prohibits any state employee from using the internal email system for political advertising. Using official information, such as student email addresses, for nongovernmental purposes is also a third-degree crime.

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

Pastrano asked the university to terminate Neidhardt. Pastrano told the Tribune that he has 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 received Pastrano’s letter but could not comment further on the case.

Pastrano told the Tribune he believed Neidhardt’s actions put students in an uncomfortable position.

“When you sign up for classes, there is no suggestion in the syllabus to support a campaign for the guy who has control over your grades at the end of the semester,” he said.

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

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

“I felt that Mr. Neidhart had an unfair advantage because he is also a professor at this school,” she wrote in an email. “I was 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 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 elections.

“We should 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 University, said the university repeatedly emails faculty and staff reminders not to violate state law ahead of the election.

“I think it would be completely inappropriate to campaign for other people,” he said. “Especially when you do 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 of the State Office of Court Administration. She also served as a former assistant district attorney and deputy judge in Wichita County.

In a statement, Key sharply criticized her opponent’s behavior.

“I am running to serve my fellow Hays County residents with honesty, dignity and integrity,” Key said. “Tanner Neidhardt is clearly driven by personal gain and ambition, willing to break the law and use his position to win. Hays County deserves better.”

Texas Tribune partners with Open Campus on higher education.

Disclosure: The Texas State University System is a financial supporter of The Texas Tribune, a nonpartisan, nonprofit news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in Trybuna’s journalism. Find a set their list here.