An Ethics Update Campaign Finance

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An Ethics Update - Campaign Finance

• Election Law Seminar for County Chairs
• October 15, 2005

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Texas Ethics Commission201 E. 14th StreetSam
Houston Building-10th FloorAustin, Texas
78701(512) 463-5800(800) 325-8506www.ethics.sta
te.tx.usDavid A. Reisman, Executive Director
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NEW LAWS RE CAMPAIGN FINANCE
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HB 1647 County Executive Committees

• Increases the threshold from 5,000 to 25,000
  requiring county executive committees to file a
  campaign treasurer appointment and campaign
  finance reports.
• Amends Election Code 253.031(d)
• Effective 06/18/05

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Election Code 253.031(d)

• SECTION 1. Section 253.031(d), Election Code, is
  amended to read as follows . . . (2) a county
  executive committee that accepts political
  contributions or makes political expenditures
  that, in the aggregate, exceed 25,000 5,000
  in a calendar year shall file
• (A) a campaign treasurer appointment as
  required by Section 252.001 not later than the
  15th day after the date that amount is exceeded
  and
• (B) the reports required by Subchapter F,
  Chapter 254, including in the political
  committee's first report all political
  contributions accepted and all political
  expenditures made before the effective date of
  the campaign treasurer appointment.

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HB 1664 General Purpose Committees

• Provides an alternate reporting requirement for a
  general-purpose committee with less than 20,000
  in total contributions maintained on the last day
  of the preceding reporting period.
• A committee may itemize political contributions
  that in the aggregate exceed 100, rather than
  50, for a reporting period.

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HB 1664 General Purpose Committees continued .
. .

• Committee may report political contributions of
  100 or less as a total amount or an itemized
  listing.
• Threshold for itemized contributions increased
  from 10 to 20 (monthly filers).
• Adds Election Code 254.1541
• Amends Election Code 254.156
• Effective 09/01/05

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HB 350 Telegram Reports

• Changes the name of a telegram report to
  special report near election.
• Requires the special report to be filed
  electronically, unless eligible for exemption and
  exemption affidavit has been filed.
• Amends Election Code 254.038(c)(d)
• 259.039(a)(c).
• Effective 10/01/05

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HB 1800 Corrected Reports

• Substantial compliance A report, other than a
  special report near an election or report due
  eight days before an election, does not
  substantially comply if it contains an error
  other than one listed.
• Effective 09/01/05

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Filing an Appointment of Campaign Treasurer

• A political committee must have a campaign
  treasurer appointment on file before it may
  engage in certain activity.
• 500 Thresholds for filing a CTA
• - 500 threshold on accepting contributions
• - 500 threshold on knowingly making
• political expenditures.

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Where to File an Appointment of Campaign Treasurer

• General Purpose Committee/ CECs
• All general-purpose committees/ CECs file with
  the Texas Ethics Commission.

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Where to File an Appointment of Campaign Treasurer

• File with the Texas Ethics Commission if a
  Candidate/Specific-Purpose Committee Supports or
  Opposes a Candidate for
• - Statewide Office
• - Member of the State Legislature
• - District Judge
• - District Office Filled by Voters of More
• Than One County.

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Where to File an Appointment of Campaign Treasurer

• File with County Filing Authority if the
  Candidate/Specific-Purpose Committee Supports or
  Opposes a Candidate for
• - County office
• - Precinct Office
• - District Office Not Filled by Voters of
• More Than One County.

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Where to File an Appointment of Campaign Treasurer

• If the Specific-Purpose Committee Supports or
  Opposes a Measure
• - File with Texas Ethic Commission if the
• measure is to be submitted to the voters of
• the entire state.
• - File with the County if the measure is to
• be submitted to the voters of a single
• county in an election ordered by a county
• authority.

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Form PTY-CORP

• Report must be filed regardless of the 25,000
  threshold and until the political party no longer
  retains corp. or labor org. contributions.
• Separate Account is required for contributions
  from a corporation or labor organization.
• Report must be filed by the County Chair not the
  PAC treasurer.
• Report must be filed electronically unless
  exempt.
• Chair must file semi-annual, 8th day before a
  primary election, and 50th day before general
  election reports.

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Political Advertising

• Is a Disclosure Statement Required?
• Is a Right of Way Notice Required?
• Is the Advertising or Communication
  Misrepresenting a Persons Identity or Official
  Title, or the True Source of the Advertising or
  Communication?

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Disclosure Statement

• Required any time a candidate, a candidates
  agent, or a political committee authorizes
  political advertising.

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Disclosure Statement

• Must include the following
• 1. The words political advertising and
• 2. The full name of one of the following
• (a) the person who paid for the advertising
• (b) the political committee authorizing the
• political advertising or
• (c) the candidate or specific-purpose
• committee supporting the candidate, if
  the
• political advertising is authorized by
  the
• candidate.

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Disclosure Statement

• Exceptions
• 1. T-shirts, balloons, buttons, hats, lapel
  stickers pencils, pens, and similar materials
• 2. Invitations or tickets to fundraising
  events
• 3. An envelope used to transmit political
  advertisement
• 4. Circulars or fliers less than 500 to print
  and distribute and
• 5. Political advertising printed on stationary,
  but must include name of person who paid,
  authorizing political comm. the candidate or
  SPAC supporting the candidate.

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Right of Way Notice

• Political advertising meant to be seen from
  the road must include a right of way notice when
• 1. You contract or make an agreement to print or
  make political advertising meant to be seen from
  the road or
• 2. You instruct another person to place the
  written political advertising meant to be seen
  from the road.

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Right of Way Notice

• Election Code 255.007 prescribes the exact
  language of the notice
• NOTICE IT IS A VIOLATION OF STATE LAW
  (CHAPTERS 392 AND 393, TRANSPORTATION CODE) TO
  PLACE THIS SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY.

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Filing Schedules

• Filing deadlines for semiannual reports and
  pre-election reports for primary and general
  elections are available on the Ethics Commission
  website
• http//www.ethics.state.tx.us

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QUESTIONS?
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Texas Ethics Commission201 E. 14th StreetSam
Houston Building-10th FloorAustin, Texas
78701(512) 463-5800(800) 325-8506www.ethics.st
ate.tx.us