SAN MARCOS — On Sunday, Oct. 27, an email was sent to Texas State University President Dr. Kelly Damphousse alleging misuse of university resources to influence an election by 483rd District Judge Tanner Niedhardt.
According to the letter, Niedhardt, who was appointed as the 483rd District judge on Dec. 1, 2022, has served as an adjunct professor at Texas State University since August 2023, “giving him direct access to the student body and private information related to members of the student body.”
Included with the letter is an email sent by Nelly R. Herrera, vice chancellor and general counsel for the university, to all faculty and staff on Oct. 7, which stated, “But the 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. Therefore, we must be sure that employees take vacation or personal leave time when engaging in political activities or attending political events during working hours, except as university policy permits time off to vote. We should not use university property or resources, including its email resources, to attempt to influence elections or legislation.”
Two weeks later, on Oct. 21, Neidhardt sent an email to students with the subject line, “Class Today and My Request for Your Help.” In the email, the professor informed students that class was cancelled for the day. It goes on to say, “That means that you have time to go vote. I ask for your vote so I may remain judge of our county here.”
Later in the email, Neidhardt made three requests:
• Vote. I hope you have the confidence to vote for me.
• 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 Tanner for Texas.
He then included a link to sign up and promised a T-shirt and free pizza.
In the letter to Dr. Damphouse, attorney Chevo Pastrano Jr., who represents the Alicia Key for District Judge Campaign, claimed that the email was sent “in clear defiance of the warning/admonishment given by the vice chancellor/general counsel.”
Pastrano further alleged that Neidhardt abused his authority as an adjunct professor and “used his position with Texas State University to promote his political ends that detrimentally affect the learning environment of young adults.”
The letter cited Section 255.0031 of the Texas Elections Code, which states: (a) 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.
(b) A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor.
Additionally, Pastrano claimed Neidhardt also committed the crime of misuse of official information, as stated by Section 39.06(b) of the Texas Penal Code, which states: (b) 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: (1) he has access to by means of his office or employment; and (2) has not been made public.
(d) An offense under this section is a
felony of the third degree.
The attorney requested four actions to be taken by the university in light of the allegations:
• Neidhardt’s privileges as an adjunct professor be terminated immediately;
• Neidhardt’s email accounts with the Texas State University System be suspended immediately;
• Neidhardt’s access to the Texas State University System information technology systems be suspended immediately; and
• That the Texas State University System take remedial measures to cure the effect of Neidhardt’s violation of Texas law and the admonishments of the Vice Chancellor and General Counsel, including, but not limited to, sending a mass email to the student body, faculty and staff informing them that Neidhardt has been terminated and that all his privileges have been suspended.
In response to a request for statement, Neidhardt said, 'I have loved my time as an adjunct professor at Texas State. While I have challenged my students to think critically, I have learned a great deal from them at the same time.
'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.
'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. Hays County residents deserve judges who can faithfully administer justice and defend the Constitution.'
The Texas State University Office of Media Relations declined to comment on the personnel matter, citing university policy.
