Gina Hinojosa
Gina Hinojosa has sued Greg Abbott over heavily redacted communications involving Elon Musk Rep. Gina Hinojosa/Facebook

Texas Democratic gubernatorial nominee Gina Hinojosa sued Gov. Greg Abbott in Austin on Monday, 19 October 2026, over redacted Elon Musk emails. The lawsuit seeks access to 1,374 pages of records, all but approximately 200 of which were completely blacked out.

Hinojosa alleges that Abbott's office unlawfully refused her request to inspect the original communications for legislative purposes. Abbott's office dismissed the legal action as a political stunt.

The filing coincided with the start of early voting in a Texas governor's race that recent polling shows is competitive.

Hinojosa had requested the communications on 29 September after an earlier public records disclosure left most of the material unreadable. According to her petition, Abbott's office acknowledged locating the requested documents on 13 October but refused to provide unredacted copies.

A CBS News/YouGov poll conducted from 8 to 16 October placed Abbott ahead of Hinojosa by 52% to 48% among likely voters.

Why Gina Hinojosa Wants the Unredacted Musk Emails

The records were assembled following a 2025 request by The Texas Newsroom for communications involving Abbott's office, Musk and representatives of his companies.

Although the governor's office released the documents, most pages contained no readable information. Even some of the approximately 200 pages that were not entirely blacked out contained redactions.

Abbott's office sought permission to withhold material under exemptions involving commercial interests, attorney-client privilege and internal policy discussions. It also invoked common-law privacy protections covering information described as 'intimate and embarrassing'.

Hinojosa says she requested the records in her capacity as a serving Texas state representative. She offered to sign a confidentiality agreement, meaning access would not necessarily allow her to publish the material.

'The people have a right to know, and I, as their representative, have a right to see them,' Hinojosa said at Monday's news conference.

Her petition filed in Travis County District Court seeks an order requiring Abbott's office to permit inspection. The governor disputes her allegation that his office violated the law.

Musk's Texas Business Interests Draw Gina Hinojosa's Scrutiny

Hinojosa's petition cites Musk's extensive business presence in Texas as a reason the communications could be relevant to legislative oversight. She identifies state grants, economic incentives, broadband deployment and data centre development among the issues involving his companies.

The complaint also describes political contributions and public appearances involving Abbott and Musk. Musk gave $500,000 (£372,954) to Abbott's re-election campaign in May 2026, according to campaign-finance reporting.

In March 2025, Abbott's office announced a $17.3 million (£13.05 million) state grant to support SpaceX's semiconductor operations in Bastrop. The funding is a documented example of the government incentives Hinojosa wants to scrutinise. Her lawsuit does not establish that the grant was awarded in exchange for political support.

Hinojosa's central legal argument concerns Section 552.008 of the Texas Government Code.

The provision requires government bodies to provide information, including confidential records, requested by legislators for stated legislative purposes. It also permits confidentiality agreements restricting subsequent disclosure.

Hinojosa contends that Abbott's refusal to allow her to inspect the communications violates that requirement. Whether the governor's office must comply is now a matter for the court.

Abbott Rejects Gina Hinojosa Lawsuit as Election Nears

Abbott's press secretary, Andrew Mahaleris, called the lawsuit 'baseless' and 'nothing more than an act of desperation'. He accused Hinojosa of abusing her position as an outgoing legislator to attract publicity during the election campaign.

'Texans see this for what it is: a political stunt,' Mahaleris said.

Abbott offered a similar assessment after voting in Del Valle on Monday. He accused his Democratic challenger of seeking attention rather than pursuing legitimate oversight.

Hinojosa maintains that her request concerns legislative responsibilities and government transparency.

The disagreement has emerged during a competitive campaign for the Texas governorship. The CBS News/YouGov survey gave Abbott a four-percentage-point lead, with a margin of error of approximately 3.5 percentage points among likely voters. The polling does not establish that the lawsuit has influenced voter preferences.

Hinojosa is seeking a court order requiring Abbott's office to permit inspection of the requested communications. Even if the court rules in her favour, confidential material would not automatically become available to the public.

The governor's office disputes her legal position, and the withheld information has not been established as evidence of wrongdoing.

Early voting is under way ahead of the 3 November election, while the records dispute proceeds separately. The contents of most withheld communications remain unknown publicly, and the court has yet to determine whether Hinojosa is entitled to inspect them.