This op-ed originally appeared in the Dallas Morning News
Editor’s Note: This column was authored by Timothy Head, President & CEO of Unify.Us
This midterm election season has something the state of Texas has not seen in years: a truly competitive U.S. Senate race drawing national attention. But that’s not all that makes this race unusual. Ken Paxton, the Republican nominee, is also the sitting Texas attorney general — the state’s top law enforcement officer.
As attorney general, Paxton can launch criminal investigations into alleged election-law violations by nearly anyone in the process — from candidates and campaigns to voter registration groups and local officials. He can sue county and local governments to force changes in the rules governing how Texans register to vote and cast their ballots. And he can issue attorney general opinions interpreting election law that can influence local officials’ decisions.
While the attorney general does not administer Texas elections — that responsibility belongs to hundreds upon hundreds of local election officials across the state — he does hold extraordinary investigative and litigation powers that could significantly affect an election and public confidence in the results. It is vital that Paxton take concrete and public steps now — before we reach the ultimate climax of this election season — to insulate his office from the appearance that it is being used to further his own campaign rather than enforce Texas law.
Other Texas attorneys general have sought higher office while wielding their official powers — current Gov. Greg Abbott sought the governor’s office in 2014, and John Cornyn ran for U.S. Senate in 2002. But Paxton’s 2026 campaign is far different from those races.
Paxton’s tenure as attorney general makes safeguards especially important, because some of his decisions have been questioned, rightly or wrongly, about whether he is using official powers for the public good or for his own personal or political interests.
For example, earlier this year, a federal court issued a preliminary injunction ordering Paxton to stop pursuing a lawsuit against the Democratic fundraising platform ActBlue because the judge found that Paxton had brought the case “in retaliation for (and in an attempt to suppress) ActBlue’s efforts to fund [Paxton’s U.S. Senate opponent James] Talarico’s campaign.” The court found it particularly telling that Paxton’s investigation had “sat dormant for more than a year and a half” before being resurrected the day after Talarico announced a $2.2 million fundraising haul through the platform.
Critics are quick to point to other instances in which the power of his office was used in ways some perceive to benefit Paxton’s own political interests or those of his allies. Paxton has also routinely advanced controversial legal interpretations of Texas election law benefiting his allies and repeatedly promoted unsubstantiated claims of election fraud.
Texas is not the first state to face this issue. We have seen recent examples of both Republicans and Democrats taking preemptive measures to avoid any appearances of impropriety in the event of potential election investigations. In Utah, for example, the lieutenant governors in the last two elections have designated a neutral third-party arbiter over election-related matters. This year, sitting Michigan Secretary of State Jocelyn Benson announced that she is creating a “firewall” between herself and decisions that affect her race for governor. And the National Association of Election Officials recommends that officials establish guardrails — including recusal where feasible — when election officials become candidates.
Read the full article in the Dallas Morning News
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