HOUSTON — With early voting underway and Election Day just two weeks away, more campaigns and political parties are using text messages to reach potential voters directly.
This tactic has irked some KHOU viewers and even drawn a legal challenge in Texas. So does the law allow it, and how do those campaigns and parties obtain cell phone numbers?
Many voters at the Metropolitan Multi-Service Center near downtown Houston Tuesday were familiar with the texts.
“Once a day, all the time,” said Blake West.
“It drives me crazy,” said Shirley Gustas.
Bob Stein, KHOU’s political analyst and Rice University political science professor, says research shows texting is a more effective way to reach voters -- especially younger ones who do not have landlines -- and tailor the message to them.
“It’s much more like a phone call that you didn’t answer but is on your screen reminding you you’ve got a call from Beto O’Rourke or Ted Cruz or any of the other candidates," Stein said.
Stein says it’s easy for the campaigns to find those cell phone numbers.
“There are hundreds of services that will provide it,” Stein said. “They’ll scrape the web, they’ll go to Facebook, Facebook postings. I myself, who do polls for KHOU and other outlets, will buy voter lists that have already been annotated and matched with cell phone numbers and landline.”
But is it legal?
“You can do it,” said Gerald Treece, KHOU legal analyst. “The bad news is I can’t block it.”
Treece doesn't think a recent class action lawsuit claiming the O’Rourke campaign’s text messages break federal law will hold up in court.
“One’s a chicken, one’s a duck,” Treece said. “Political speech is protected from everything, almost. Commercial speech can be heavily regulated.”
Chris Evans, communications director for O’Rourke’s campaign, e-mailed this statement Tuesday to KHOU:
“Our grassroots volunteer program with thousands of Texans canvassing, phone banking, texting and organizing is the largest this state has seen. It is fully compliant with the law.”
While the texts can be annoying, some voters put it in perspective.
“I’ve lived in different countries all over the world where you couldn’t vote,” Gustas said. “My husband’s in the oil industry, so I’m really aware how lucky we are to be Americans."