We, like other people have been curious about campaign finances for the most recent election. We were curious about a few items; especially, when the longtime incumbent was unseated.
The numbers, if we are being honest, did not look right. The way the numbers came out in early voting, it just seems like something was going on, which would not be typically normal.
So we finally decided to pull up the campaign finance reports and we notices what many people have seen. A couple of contributors have provided excess funding. Well, contributors do have a right to donate, as long as they meet the legal requirements; but, that was not the issue. The interesting thing was the patter, and how it compared to the previous campaign practices for the District Clerk Office.
The patters were completely different. We could elaborate on it, but that would be our consulting nature. So we looked up one donor and notice this individual is a “President,” of a “Corporation.” The address for the “corporation,” matched the registered office with the Secretary of the State (SOS).
We have sent query to the Texas Elections Commission.
This is a short and brief publishing for the sake of waiting for one more piece of verification. Once we get the verification we will provide detailed finding, in our consultive kind of findings.
On Jul 23, 2020, at 8:11 AM, sworncomplaints <email@example.com> wrote:
Yes, the restriction on corporate contributions applies to for-profit corporations. However, note that individuals who own a corporation are not prohibited from making political contributions from their own personal/non-corporate funds. Also, a corporation may make direct campaign expenditures to support or oppose a candidate as long as the expenditures are made without the prior consent or approval of the candidate and are not coordinated with a candidate. The relevant sections in the Election Code are copied below for your reference. We hope this answers your question.
(a) A person may not knowingly make a political contribution in violation of this chapter.
(b) A person may not knowingly accept a political contribution the person knows to have been made in violation of this chapter.
This subchapter applies only to corporations that are organized under the Texas Business Corporation Act, the Texas For-Profit Corporation Law, the Texas Non‑Profit Corporation Act, the Texas Nonprofit Corporation Law, federal law, or law of another state or nation.
(a) A corporation or labor organization may not make a political contribution that is not authorized by this subchapter.
On Jul 23, 2020, at 10:02 AM, sworncomplaints <firstname.lastname@example.org> wrote:
It depends on the source of funds and the name that appears on the contribution check. If the check is written directly from the corporation on a corporate account, i.e., the check says ABC Inc., then it’s prohibited.
Alternatively, if the contribution is from personal funds and written on a personal check, then it’s not prohibited. The law does not restrict individuals from using their own personal income to contribute, even if that income is received from a corporation (it would no longer be corporate money at that point).
For purposes of filing a sworn complaint, you don’t necessarily have to prove the source of funds and it would likely be sufficient if the candidate disclosed the corporation as the contributor in a campaign finance report.