Legislative Priority: Election Code Reform

The old adage “ignorance of the law is no excuse” relies on the premise that laws will be based in common sense and will be easy for everyday citizens to understand. Many Texas laws fulfill that requirement, but those regarding elections, which ultimately regulate speech regarding candidates and elected officials, are antiquated and in desperate need of review.

For example, “campaign contribution” is defined as a contribution offered with the intent that it be used in connection with a campaign for elective office. This offers little guidance and requires regulators to examine the intent of every person giving money to an entity that becomes involved in campaigns.

Likewise, the definition of “campaign expenditure” is an expenditure made by any person in connection with a campaign. This definition is circular and unhelpful.

These definitions, coupled with laws that were written to apply to candidates but that are being interpreted by regulators to apply to every Texan who speaks out regarding any election, create a dangerous minefield for Texans who simply want to engage in their state and local governments.

Much of the Texas Election Code was written in an era before major court decisions acknowledged greater speech rights for citizens. The Code should be brought up to date so that it complies with constitutional requirements and protects citizens’ rights.

Texans should not be required to hire election law attorneys they cannot afford in order to speak and publish regarding the most salient issues of the day. Lawmakers could take a big step toward restoring their constituent’s rights by reviewing the Election Code, making it clearer and more precise, and modernizing it to comply with established court precedents.

Tell the Legislature: Respect our First Amendment Rights!

State / Province

Across the nation, citizens’ First Amendment rights are under assault. Texas should be a safe haven for our most fundamental freedoms. Texans should be free to speak about legislation, candidates, public officials, and to petition government without being required to pay fees or hire expensive lawyers.

Texas should lead the way by removing burdensome reporting requirements from citizens and placing all necessary disclosure requirements on public officials and government employees. Public officials will always have better access to the legal advice required in order to make accurate reports and they can be held accountable at the ballot box.

Each public official, and their employees, should be required to immediately report every meal or other gift they receive, the identity of any lobbyist that paid for it, and the purpose for which it was received. Likewise, legislators should be required to maintain accurate records of the meetings they have with lobbyists.

Lawmakers should stop pushing reporting requirements off on citizens in ways that interfere with our constitutional rights, and impose any legitimate reporting requirements on themselves.

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