Gina Hinojosa, the Democratic candidate for governor of Texas, has faced scrutiny over her campaign’s use of social media advertisements, particularly regarding the lack of required disclosures on many paid posts. A recent investigation highlighted that while some posts include disclaimers as mandated by Texas law, a substantial number do not.
Texas requires campaigns to disclose paid political advertisements, making it one of only two states, along with California, with such regulations. However, a report from The New York Times indicated that numerous posts specifically promoting Hinojosa or criticizing her Republican opponent, Gov. Greg Abbott, were lacking these disclosures.
Hinojosa’s campaign attributed the non-disclosures to their arrangement with a third-party social media marketing firm, Politiclip. The campaign argued that they did not directly approve each post, thus claiming that many of these posts did not meet the disclosure requirement under Texas regulations.
Legal experts have expressed concerns that this interpretation may violate state laws, which could result in penalties of up to $4,000 for both the campaign and the content creators involved. Andrew Cates, an election lawyer in Austin, stated, “It’s simple: You don’t have to have a disclosure statement on posts if you weren’t paid for it, but if you were, you do.”
In campaign finance filings, Hinojosa’s campaign reported paying Politiclip $150,000 for “news clipping services.” The firm recruits content creators to amplify narratives related to the campaign organically, according to their operational model. Internal data reviewed by The New York Times revealed that more than 550 posts supporting Hinojosa and opposing Abbott had been approved by Politiclip up until the first week of October.
Ari Salzberg, the founder of Politiclip, declined to comment on the issue of disclosures, deferring to the Hinojosa campaign for clarity. Campaign director Amy Friedman noted that the firm did not directly consult the campaign regarding the accounts it recruited or the content it published. She emphasized that different social media marketing efforts employed individuals with explicit approval from the campaign, which included required disclosures.
Experts have raised concerns about the implications of the current regulatory framework, with Brandon Rottinghaus, a political science professor at the University of Houston, suggesting it creates loopholes that campaigns could exploit to avoid transparency.
In contrast to Hinojosa’s campaign, Politiclip’s work in other states has complied with disclosure laws. For instance, content creators working for Nithya Raman’s campaign for Los Angeles mayor have included necessary disclaimers, although no such disclosures were noted in the posts for Hinojosa’s campaign.
Social media remains a significant battlefield for political campaigns in Texas, where expenditures in races have escalated, particularly in light of the ongoing electoral cycle. The Hinojosa campaign, along with others, continues to navigate the complex landscape of digital messaging as scrutiny over advertising transparency intensifies.
