TEXAS ETHICS COMMISSION
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TEXAS ETHICS COMMISSION |
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**Overruled, Modified, Clarified, or Superseded**
August 11, 2011
Whether section 253.1611(d) of the Election Code prohibits a judicial officeholder, during a calendar year in which the office held does not appear on the ballot, from using political contributions to make over $250 in political contributions to multiple political committees if the total amount of the contributions to any single political committee does not exceed $250. (AOR-563)
The Texas Ethics Commission has been asked about the application of section 253.1611(d) of the Election Code to a judicial officeholder. Section 253.1611(d) states:
A judicial officeholder or a specific-purpose committee for assisting a judicial officeholder may not, in any calendar year in which the office held is not on the ballot, use a political contribution to knowingly make a political contribution to a political committee that, when aggregated with each other political contribution to a political committee in that calendar year, exceeds $250.
Elec. Code § 253.1611(d) (emphasis added) (Appendix A contains the full text of section 253.1611.).
The requestor of this opinion asks whether section 253.1611(d) of the Election Code prohibits a judicial officeholder, during a calendar year in which the office held does not appear on the ballot, from using political contributions to make over $250 in political contributions to multiple political committees if the total amount of the contributions to any single political committee does not exceed $250. In other words, may the officeholder use political contributions to make separate political contributions of $250 to more than one political committee in a calendar year, or is the officeholder’s total amount of political contributions to any number of political committees limited to $250.
In our opinion, section 253.1611(d) of the Election Code does not prohibit an officeholder from using political contributions to make over $250 in political contributions to multiple political committees, provided that the total amount of the contributions to any single political committee does not exceed $250.
Section 253.1611(d) of the Election Code does not prohibit an officeholder, during a calendar year in which the office held does not appear on the ballot, from using political contributions to make over $250 in political contributions to multiple political committees, provided that the total amount of the contributions to any single political committee does not exceed $250.
Section 253.1611 states, in full:
(a) A judicial candidate or officeholder or a specific-purpose committee for supporting or opposing a judicial candidate or assisting a judicial officeholder may not use a political contribution to knowingly make political contributions that in the aggregate exceed $100 in a calendar year to a candidate or officeholder.
(b) A judicial candidate or a specific-purpose committee for supporting or opposing a judicial candidate may not use a political contribution to knowingly make political contributions to a political committee in connection with a primary election.
(c) A judicial candidate or a specific-purpose committee for supporting or opposing a judicial candidate may not use a political contribution to knowingly make a political contribution to a political committee that, when aggregated with each other political contribution to a political committee in connection with a general election, exceeds $500.
(d) A judicial officeholder or a specific-purpose committee for assisting a judicial officeholder may not, in any calendar year in which the office held is not on the ballot, use a political contribution to knowingly make a political contribution to a political committee that, when aggregated with each other political contribution to a political committee in that calendar year, exceeds $250.
(e) This section does not apply to a political contribution made to the principal political committee of the state executive committee or a county executive committee of a political party that:
(1) is made in return for goods or services, including political advertising or a campaign communication, the value of which substantially equals or exceeds the amount of the contribution; or
(2) is in an amount that is not more than the candidate’s or officeholder’s pro rata share of the committee’s normal overhead and administrative or operating costs.
(f) For purposes of Subsection (e)(2), a candidate’s or officeholder’s pro rata share of a political committee’s normal overhead and administrative or operating costs is computed by dividing the committee’s estimated total expenses for a period by the number of candidates and officeholders to whom the committee reasonably expects to provide goods or services during that period.
(g) A person who violates this section is liable for a civil penalty not to exceed three times the amount of political contributions used in violation of this section.