Campaign finance requirements for Texas ballot measures

From Ballotpedia

Jump to: navigation, search

Contents

Campaign finance requirements for Texas ballot measures are promulgated by the Texas Ethics Commission. The Texas Ethics Commission handles all campaign finance reporting in the State of Texas for ballot measure groups in the state. Also, the Commission holds all power of enforcement of campaign finance laws in Texas.

There is a online database that discloses the campaign finance activities of ballot measure groups in the State of Texas.

If anyone feels that someone violated Texas campaign finance laws, a sworn complaint can be filed to the Texas Ethics Commission. The Commission can only hear complaints on political contributions, expenditures, and advertising. Also, the Commission can also take complaints regarding the use of legislatively produced audio or visual materials in political advertising. If the Commission finds there is enough probable cause of campaign finance law violations, the Commission may engage civil action in the Texas circuit courts. If there is evidence of criminal wrongdoing, the complaint can be referred to the Texas Attorney General for prosecution[1]. The Texas Attorney General has statutory authority to represent the commission in civil actions.

General requirements

Campaign treasurer appointment

A specific-purpose committee must file a campaign treasurer appointment statement before it accept more than $500 in political contributions or makes more than $500 in political expenditures. This is considered a basic statement of organization under Texas Campaign Finance laws[2]. This report must be filed to the Commission if its for a statewide ballot measure or to the municipality or county responsible for the measure if its a local measure.

Specific-purpose committee

Under Texas law, any ballot measure group that is aimed at the passage or defeat of a ballot question is considered to be a specific-purpose committee. It is defined under the law as supporting or opposing one or more ballot measures defined by law[3].

The $100 rule

Under Texas law, no individual contributor can donate more than $100 to a specific purpose committee during a actual reporting period[4].

Campaign finance requirements

Best effort clause

Under Texas law, all specific-purpose committees are required to maintain all specific information as possible on the name, address, city, phone number, and employer when reporting all campaign contributions[5]. This is for all campaign contributions exceeding over $500 in a reporting period one time or aggregate.

Electronic reporting mandatory

Texas requires all specific-purpose political committees to file their campaign finance reports electronically as long it involves a electronic transfer. This can be done via the internet or filing the appropriate attachments via e-mail to the Commission[6].

Filing reports

All specific-purpose purpose committees aimed at the passage or defeat of a ballot question must file all necessary campaign finance reports[7].

Nonreportable clauses

Specific-purpose committees are not required to report campaign contributions that involve personal travel expenses or personal services including campaign consulting services[8].

Reporting expenditures

Under Texas law, expenditures do not have to be reported until the date an actual receipt or invoice has been received by the specific-purpose committee. A similar provision for credit card expenditures allows for committees to not report expenditures until they receive an actual credit card statement with the noted expenditure[9].

Reporting requirements and reports

30 day Pre-Election report

This report is the first of two mandated pre-election reports for specific-purpose committees. This includes all contributions for the period beginning the day the Campaign Treasurer appointment is filed or the first day after the period covered by the committee’s last required report. This report runs through the 40th day before election day. The report is due by the 30th day before the election[10].

8 day Pre-Election report

This report is the second of two mandated pre-election reports for specific-purpose committee. This includes all contributions for the period beginning the 39th day before the election. This report runs through the 10th day before election day. The report is due by the 8th day before the election[11].

Final campaign report

Whenever a specific-purpose committee files its termination papers, the date of termination is when the final campaign report can be filed as long the committee had the expectation of making no expenditures or receiving no contributions. This report covers the ninth day before the election till the day the committee is terminated and is due upon filing the termination papers[12].

Terminating a committee

Once a committee has the expectation that it will not make any more expenditures or receive any campaign contributions, then a termination report must be filed with the Commission within 10 days after the date of termination. The final campaign finance report is also due with the termination papers[13].

Upon dissolution, there are no restrictions on how specific purpose committees can disburse their surplus funds.

External links

References

  1. ↑ "Texas Ethics Commission" Texas Campaign Finance Complaint Process
  2. ↑ "Texas General Assembly" Texas Campaign Finance Law(Referenced Statute § 252.0031 Texas Election Code)
  3. ↑ "Texas General Assembly" Texas Campaign Finance Law(Referenced Statute § 251.001(13) Texas Election Code)
  4. ↑ "Texas General Assembly" Texas Campaign Finance Law(Referenced Statute § 253.033 Texas Election Code)
  5. ↑ "Texas General Assembly" Texas Campaign Finance Law(Referenced Statute §254.001. Texas Election Code)
  6. ↑ "Texas General Assembly" Texas Campaign Finance Law(Referenced Statute §254.036. Texas Election Code)
  7. ↑ "Texas General Assembly" Texas Campaign Finance Law(Referenced Statute § 251.001(13) Texas Election Code)
  8. ↑ "Texas General Assembly" Texas Campaign Finance Law(Referenced Statutes § 254.032 and 254.033 Texas Election Code)
  9. ↑ "Texas General Assembly" Texas Campaign Finance Law(Referenced Statutes § 254.035 Texas Election Code)
  10. ↑ "Texas General Assembly" Texas Campaign Finance Law(Referenced Statutes § 254.124(b) Texas Election Code)
  11. ↑ "Texas General Assembly" Texas Campaign Finance Law(Referenced Statutes § 254.124(c) Texas Election Code)
  12. ↑ "Texas General Assembly" Texas Campaign Finance Law(Referenced Statutes § 254.125(a)(b) Texas Election Code)
  13. ↑ "Texas General Assembly" Texas Campaign Finance Laws(Referenced Statute 254.127)
v • d • e
Campaign finance for ballot measures
State regulations
Reporting agencies
Disciplinary agencies
Other
Retrieved from "http://ballotpedia.org/wiki/index.php/Campaign_finance_requirements_for_Texas_ballot_measures"
Personal tools