Judge Tanner Neidhardt addressed an overflow audience at his Investiture Ceremony on January 20, 2023, in the Hays County, Texas, courthouse. (Screengrab via YouTube).
A Texas judge running for reelection is under scrutiny for allegedly illegally soliciting votes from students at the college where he teaches.
Tanner Neidhardt was appointed to the 483rd Judicial District Court in Hays County in 2022 by Texas Gov. Greg Abbott, a Republican, for a term set to expire on Dec. 31, 2024. In addition to serving as a judge, Neidhardt has worked as a professor in the School of Criminal Justice at Texas State University since August 2023.
Neidhardt’s political opponent, Alicia Key, sent a letter via counsel to Texas State University President Kelly Damphousse Sunday accusing Neidhardt of violating a state statute and asking that the school fire the judge and refer the matter to prosecutors.
The letter, penned by attorney E. Chevo Pastrano on Key’s behalf, said that on Oct. 21, Neidhardt sent an email canceling class and asking students to use the time to vote for him and to encourage their friends to do so as well. Pastrano attached a series of screenshots as exhibits, which displayed the email it said the judge sent to students.
Image courtesy of E. Chevo Pastrano
In the referenced email, Neidhardt told students, “I hope you have the confidence to vote for me,” and asked them to support him by working at a voting center and waiving a campaign sign. The judge also suggested that students say, “Vote for my Professor, Judge Tanner,” and provide their own reasons for doing so.
In return, Neidhardt promised students a “Tanner For Texas State” T-shirt as well as free pizza.
Neidhardt’s email concluded with, “I’ve always told you that you will make a difference in the future of our justice system,” and the following call to action: “In fact, 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.”
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Pastrano also said in his letter that students who wished to remain anonymous reported that, “Neidhardt made it clear in class that [scheduling app] signupgenius allowed him to keep track of which students actually showed up to help his campaign.”
“As each moment passes, as Neidhardt illegally uses Texas State University email resources to email the student body and as each student lines up to cast their vote, our client is harmed,” the letter argued.
Further, Pastrano said that Neidhardt’s email had not only been sent in contravention of Texas law, but also in direct opposition to specific warnings sent by the university days earlier reminding staff that university property and resources and email are not be used to influence elections.
The Texas Government Code states that “a state officer or employee may not use official authority or influence or permit the use of a program administered by the state agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose.” Further, under the Texas Penal Code, a public servant commits “misuse of official information” 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: (1) he has access to by means of his office or employment; and (2) has not been made public.”
Criminal misuse of public information is a third-degree felony punishable by up to 10 years in prison.
In an email to Law&Crime Tuesday, Pastrano noted that a social media post and several unconfirmed reports at the university have stated that Neidhardt informed students Monday that he had been fired.
The university declined to comment on personnel matters, citing school policy.
Law&Crime reached out to Neidhardt for comment, but did not receive a response.
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