In the wake of the 2020 U.S. presidential election, Texas Attorney General Ken Paxton emerged as a prominent figure among Republican officials willing to legally challenge the election outcome. Paxton joined a high-profile but ultimately unsuccessful lawsuit filed by Texas attempting to block the certification of votes in several battleground states. The U.S. Supreme Court dismissed the case for lack of standing, but Paxton’s involvement cemented his reputation as a staunch partisan advocate for Republican interests.

Since then, Paxton has maintained an active role in election-related legal actions. He has pursued litigation against Democratic figures such as former Congressman Beto O’Rourke and has targeted groups engaged in voter registration efforts, including a Latino-focused organization accused of registering ineligible voters, although a federal judge blocked that investigation citing bad faith. Paxton also opposed the counting of provisional ballots in Houston during the 2022 elections—a move overturned by the Texas Supreme Court—and attempted to criminally charge a county election official without success.

Now in his third term as Texas attorney general, Paxton is campaigning for a U.S. Senate seat against Democratic nominee James Talarico in a closely contested race that many view as key to maintaining Republican control of the Senate. Early voting began recently, and polls suggest a tightening contest with Talarico holding a narrow lead.

Paxton’s record raises questions about how he might respond if he loses, with electoral experts noting his history of challenging election results. His office has expanded efforts to prosecute alleged violations of Texas election laws, although a prior attempt to unilaterally prosecute election crimes was struck down by the state’s highest criminal court. Afterward, Paxton actively campaigned against the Republican judges who opposed him, contributing to their defeat in the 2024 primaries. Subsequently, the Texas Legislature passed Senate Bill 12, granting Paxton broader authority to prosecute election offenses, though its constitutionality remains uncertain.

The attorney general’s office could also play a role post-election in investigating potential criminal conduct or securing election materials at the request of the secretary of state, who is appointed by Republican Governor Greg Abbott. The certification of election results typically falls under Abbott’s responsibility, with limited involvement from the Legislature except in specific statewide races. Abbott recently appointed Nate Schatzline, a hardline former state representative skeptical of the 2020 election outcome, as a senior adviser on elections.

Election experts express concern about possible challenges but remain skeptical of their efficacy. David Froomkin, a University of Houston law professor, noted the limited prosecutorial power Paxton holds under Texas law. David Becker of the Center for Election Innovation and Research anticipated potential volatility but expressed confidence that courts and election officials would uphold electoral integrity.

Within Paxton’s office, the 2020 election challenge was reportedly contentious. The then-solicitor general, Kyle Hawkins, declined to endorse the Supreme Court filing led by Paxton, who instead enlisted legal strategists and other Republican state attorneys general to support the effort. The Supreme Court’s rapid dismissal ended the challenge but did little to diminish Paxton’s profile among conservatives.

Since 2020, Paxton has initiated multiple election-related investigations and lawsuits. Efforts to indict Travis County’s elections administrator failed after a grand jury declined to indict in 2021. Paxton’s legal actions against voter registration groups and political opponents have been costly for those targeted but have largely faltered in court.

Critics argue Paxton uses his office to further political goals, while his supporters praise his enforcement of election laws. As the Texas Senate race unfolds, the possibility of election-related legal disputes remains, with the state’s Supreme Court—now including former Paxton ally Kyle Hawkins—likely to play a critical role should any challenges arise.