A Travis County judge ruled Tuesday that the Transgender Education Network of Texas, known as TENT, can proceed with its legal effort to find out who is behind a campaign of text messages and mailers sent ahead of the midterm elections. The mailers purport to represent transgender students. Attorney Mimi Marziani, representing TENT, said the group's logo and branding were used without its permission. She said the group wants to identify who is responsible to protect its clients and their rights.

Attorney Chris Hilton, who represents the Texas Transgender Student Union, said the group's activity is protected speech under the First Amendment and does not violate civil or criminal law. Hilton said he intends to appeal the ruling. The union was created in September and is registered as an LLC in Wyoming. Early voting began Oct. 19.

State Rep. Jeff Leach has called for an attorney general investigation. West Texas District Attorney Sarah Stogner said she is investigating the mailers as possible fraud. TENT said it did not send the material and that the mailers prompted threats against the group. The group said it has updated its website to say it did not author or approve the mailers.