TITLE texas-ethics-commision

Advisory Opinion

EAO-452. The Texas Ethics Commission has been asked the following questions:

(1) A complying candidate's supporter hosts a campaign fundraising reception for the candidate. The supporter pays for all costs associated with the event itself, including refreshments and facility rental expense.

(A) Are those expenses "in-kind" contributions to the candidate?

(B) If so, do those expenses count toward the candidate's aggregate expenditure limits under §253.168?

(2) A complying candidate orders campaign bumper stickers from a printer. The printer completes the job and sends an invoice to the candidate. The candidate asks a supporter to pay the invoice for him, which the supporter does.

(A) Is the supporter's payment of the invoice an "in-kind" contribution?

(B) If so, does the amount of the payment count toward the candidate's aggregate expenditure limits under §253.168? (AOR-506)

The in-kind contributions to a judicial candidate that are described in this opinion would count toward the judicial candidate's expenditure limits under §253.168 of the Election Code.

The Texas Ethics Commission is authorized by §571.091 of the Government Code to issue advisory opinions in regard to the following statutes:

(1) Chapter 572, Government Code;

(2) Chapter 302, Government Code;

(3) Chapter 303, Government Code;

(4) Chapter 305, Government Code;

(5) Chapter 2004, Government Code;

(6) Title 15, Election Code;

(7) Chapter 36, Penal Code; and

(8) Chapter 39, Penal Code.

Questions on particular submissions should be addressed to the Texas Ethics Commission, P.O. Box 12070, Capitol Station, Austin, Texas 78711-2070, (512) 463-5800.

General Counsel

Texas Ethics Commission

Filed: January 22, 2004