ADOPTED RULE

At its October 21, 2010, meeting, the Texas Ethics Commission voted to adopt the following rule.

Technical, Clerical, or De Minimis Violations
(effective November 11, 2010)
Text of Adopted Rule


Technical, Clerical, or De Minimis Violations
Text of Adopted Rule

The new language is italicized.

 

Chapter 12. Sworn Complaints

 

Subchapter C. INVESTIGATION AND PRELIMINARY REVIEW

 

§ 12.81. Technical, Clerical, or De Minimis Violations

 

(a) A technical, clerical, or de minimis violation for purposes of section 571.0631 of the Government Code may include a first-time allegation against a respondent for:

 

(1) Typographical or incomplete information on a campaign finance report that is not misleading or does not substantially affect disclosure;

 

(2) Failure to include a disclosure statement on political advertising;

 

(3) Failure of a non-incumbent to use the word “for” in a campaign communication, where the communication is not otherwise misleading;

 

(4) Failure to include the highway right-of-way notice on political advertising;

 

(5) Filing a late campaign finance report if the total amount of political contributions does not exceed $2,500, the total amount of political expenditures does not exceed $2,500, and the report is not a report due 30 or 8 days before an election, or a special pre-election report;

 

(6) Filing an incomplete or corrected campaign finance report that is not a report due 30 or 8 days before an election or a special pre-election report if:

 

(A) the total amount of incomplete or incorrectly reported political contributions does not exceed the lesser of 10% of the total amount of political contributions on the corrected report, or $5,000; or

 

(B) the total amount of incomplete or incorrectly reported political expenditures does not exceed the lesser of 10% of the total amount of political expenditures on the corrected report, or $5,000; or

 

(C) the total amount of incomplete or incorrectly reported political contributions or political expenditures does not exceed the amount of the filing fee for a place on the ballot for the office sought or held by the respondent during the period covered by the report at issue, or, if there is not a set filing fee, $500; or

 

(7) Failure to timely file a campaign treasurer appointment if, before filing the campaign treasurer appointment, the total amount of political contributions accepted does not exceed $2,500 and the total amount of political expenditures made or authorized does not exceed $2,500.

 

(b) A technical, clerical, or de minimis violation for purposes of section 571.0631 of the Government Code may include allegations against a respondent for:

 

(1) Typographical or incomplete information on a campaign finance report that is not misleading or does not substantially affect disclosure;

 

(2) Filing an incomplete or corrected campaign finance report if:

 

(A) the total amount of incomplete or incorrectly reported political contributions does not exceed the lesser of 5% of the total amount of political contributions on the corrected report, or $2,500; or

 

(B) the total amount of incomplete or incorrectly reported political expenditures does not exceed the lesser of 5% of the total amount of political expenditures on the corrected report, or $2,500.

 

(c) During the review of a sworn complaint under Chapter 571, Subchapter E of the Government Code, if the executive director determines that all the alleged violations are technical, clerical, or de minimis under subsection (a) of this section, the executive director may enter into an assurance of voluntary compliance with the respondent.  Before entering into an assurance of voluntary compliance, the executive director may require a respondent to correct the violations.

 

(d) During the review of a sworn complaint under Chapter 571, Subchapter E of the Government Code, if the executive director determines that all the alleged violations are technical, clerical, or de minimis under subsection (b) of this section, the executive director may enter into an agreed resolution with the respondent.  Before entering into an agreed resolution, the executive director may require a respondent to correct the violations.

 

(e) An assurance of voluntary compliance or an agreed resolution entered into under this section are confidential under section 571.140 of the Government Code.

 

(f) An assurance of voluntary compliance or an agreed resolution entered into under this section may include a penalty not to exceed $500.

 

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