BBBC(LEGAL) - ELECTIONS: CAMPAIGN FINANCE
Campaign Treasurer Appointment
Each candidate shall appoint a campaign treasurer as provided by Election Code, Chapter 252. An individual may appoint himself or herself as campaign treasurer. Election Code 252.001, .004
A campaign treasurer appointment by a candidate must be in writing and include:
- The campaign treasurer's name, residence or business street address, and telephone number;
- The name of the person making the appointment;
- The candidate's telephone number; and
- A statement, signed by the candidate, that the candidate is aware of the nepotism law. [See DBE]
Election Code 252.002, .0032
A candidate for a school board must file the campaign treasurer appointment and all required financial statements with the clerk or secretary of the board or, if the district has no clerk or secretary, with the board's presiding officer. Election Code 252.005(3)
A specific-purpose committee for supporting or opposing a candidate for the board must file its campaign treasurer appointment with the same authority. Election Code 251.001(13), 252.006
A specific-purpose committee for supporting or opposing a measure must file its campaign treasurer appointment with the secretary of the board or, if the district has no secretary, with the board's presiding officer. Election Code 252.007(3)
Period of Effectiveness
A campaign treasurer appointment takes effect at the time it is filed and continues in effect until terminated. Election Code 252.011
Termination of Appointment
A campaign treasurer may be removed at any time by the appointing authority by filing the written appointment of a successor in the same manner as the original appointment. The appointment of a successor terminates the appointment of the campaign treasurer who is removed. Election Code 252.012
A board by order may adopt a process by which the clerk or secretary, as applicable, of the district may terminate the campaign treasurer appointment of an inactive candidate or political committee that is required to file a campaign treasurer appointment with the clerk or secretary.
The order must:
- Define "inactive candidate or political committee" for purposes of terminating the campaign treasurer appointment; and
- Require written notice to the affected candidate or committee of the proposed termination; the date, time, and place of the meeting at which the board will consider the proposed termination; and the effect of termination of the campaign treasurer appointment.
For purposes of this section, a candidate or political committee is inactive if the candidate or committee:
- Has never filed or has ceased to file reports under Election Code Chapter 254 (Political Reporting);
- In the case of a candidate, has not been elected to an office for which a candidate is required to file a campaign treasurer appointment with the board; and
- Has not filed a final report under Election Code 254.065 or 254.125, or a dissolution report under Election Code 254.126 or 254.159.
Before the clerk or secretary of the district may terminate a campaign treasurer appointment, the board must consider the proposed termination in a regularly scheduled open meeting.
The termination of a campaign treasurer appointment under this section takes effect on the 30th day after the date of the meeting at which the board votes to terminate the appointment. Following that meeting, the clerk or secretary of the district shall promptly notify the affected candidate or political committee that the appointment has been terminated. The notice must state the effective date of the termination.
Election Code 252.0131
Contributions and Expenditures
A candidate may not knowingly accept a campaign contribution or make or authorize a campaign expenditure at a time when a campaign treasurer appointment for the candidate is not in effect. Election Code 253.031(a)
Each candidate and each officeholder shall maintain a record of all reportable activity. The record must contain the information necessary for filing the reports required by Election Code Chapter 254. Election Code 254.001
Candidates and Officeholders
Reports by candidates and officeholders shall be filed with the authority with whom the campaign treasurer appointment is required to be filed. Election Code 254.066, .097 [See Filing Authority, above]
Except as provided below at Bonds, reports by a specific-purpose committee shall be filed with the authority with whom the political committee's campaign treasurer appointment is required to be filed.
A specific-purpose committee created to support or oppose a measure on the issuance of bonds by a district shall file reports with the Ethics Commission.
Election Code 254.130
Note: The following provisions apply only to a district located wholly or partly in a municipality with a population of more than 500,000 and with a student enrollment of more than 15,000.
A report filed under Election Code Chapter 254 by a board member, a candidate for membership on the board, or a specific-purpose committee for supporting, opposing, or assisting a candidate or board member must be posted on the Internet website of the district. This access is in addition to the public's access to the information through other electronic or print distribution of the information.
The report must be available to the public on the district's website not later than the fifth business day after the date the report is filed with the district.
Before making a report available on its website, the district may remove each portion, other than city, state, and zip code, of the address of a person listed as having made a political contribution to the person filing the report. If the address information is removed, the information must remain available on the report maintained in the district's office.
Election Code 254.04011