Alleged scheme targets least populous county in continental US
State officials in Texas are taking action against an Indiana man who is allegedly orchestrating an illegal scheme to “take over” the least populous county in the United States.
Texas Attorney General Ken Paxton filed a lawsuit on Oct. 9 against Malcolm Tanner of Crawfordsville, Indiana, seeking an emergency temporary restraining order to halt Tanner’s settlement activities, which Paxton alleges endanger public health and violate state law.
Filed in Loving County’s 143rd Judicial District Court, the petition states Tanner purchased two adjoining 5-acre tracts of barren land in Loving County in January. The property, known locally as 2985 Private Road 3008, is located in unincorporated Mentone, about 60 miles west of Midland.
With an official population of 64, according to the 2020 Census, Loving County is the least populous county in the continental U.S.
According to the 14-page filing, Tanner has used social media to lure followers — many of them women with children — to the property, promising “free homes” and “$5,000 a month” for life in exchange for helping him seize control of local government. The complaint alleges the property lacks basic infrastructure, including sewer systems, septic tanks, or running water, with residents living in RVs and tents, relying on gas generators and a “burn pit” for trash disposal.
The lawsuit claims Tanner’s setup violates Chapter 341 of the Texas Health and Safety Code, which regulates sewage and waste disposal to prevent disease. The requested restraining order would prohibit Tanner and others from discharging human waste in ways that could contaminate soil or groundwater and bar additional residents from moving to the site until it complies with health codes.
The filing further accuses Tanner of running a “combination,” which, according to the court filing, means three or more individuals have conspired to engage in organized criminal activity, citing alleged threats against law enforcement and oil-field workers, and seeks to declare the property a public nuisance.
“Indiana resident Malcolm Tanner has no right to try and take over Loving County with illegal schemes that endanger real Texans,” said Paxton in a statement. “His deceptive and unlawful scheme to lure people with free housing for the purpose of conducting a political takeover is a disgustingly fraudulent plot to line his own pockets. I will not stand by while frauds try to carve up Texas for themselves and make everyone sicker and less safe along the way.”
Paxton’s office also alleges Tanner violated the Texas Deceptive Trade Practices Act, falsely advertised free housing, misrepresented the property’s conditions, and failed to disclose critical information about its lack of amenities. The state is seeking up to $10,000 per violation and daily penalties of $10 to $200 for ongoing health-code violations, according to the filing.
Tanner, who refers to his supporters as “Melanated People of Power,” boasted about his efforts to “take the entire county over” in a July post on TikTok. “Not too often do you see a brother that looks like me come into the county and take the entire county over,” he said. “Well, I have taken the entire county over, out here in Loving County, Texas. When these elections hit in 2026, we’re going to wipe the board. Everybody that I selected will be elected.”
Tanner’s TikTok profile describes him as a “2024 and 2028 Presidential candidate” and “real estate guru owner of Tanner and Tanner.” According to the FEC website, Tanner filed a statement of organization form in June 2023. No further filings were registered with the FEC.
The Christian Post reached out to Tanner on Tuesday for comment.
In addition to Paxton’s announcement, other Texas officials are now calling for authorities to step in.
U.S. Rep. Chip Roy, who is running to succeed Paxton in 2026, called on the U.S. Attorneys’ Office to investigate the matter.
“Loving County residents are dealing with individuals recruiting people to move into the county and potentially registering to vote, claiming to eventually take over the county government by moving enough people to elect new individuals to public offices, signaling a nefarious scheme,” Roy said in a letter on Oct. 7. “We must not let our rural counties be a hotbed for illegal activity and secure Texas.”
In another letter dated Oct. 3, state Sen. Kevin Sparks, R-Midland, and Rep. Brooks Landgraf, R-Odessa, called on Paxton and Secretary of State Jane Nelson to “address serious election irregularities and threats of manipulation in Loving County,” adding, “We urge your offices to use all available authority to investigate and address election fraud in Loving County.”
