TITLE texas-ethics-commision

Advisory Opinion Request

AOR-534 The Texas Ethics Commission has been asked to consider what is the effective date of an order issued under the Judicial Campaign Fairness Act (JCFA), section 253.165 of the Election Code? The facts at issue include the following: two judicial candidates subject to the JCFA each file a declaration of intent to comply with the voluntary expenditure limits. Both candidates exceed the expenditure limits although not simultaneously. One of the candidates notifies the executive director of the Texas Ethics Commission that the other candidate exceeded the expenditure limits. Notice was given only after both candidates had exceeded the limits.

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 159, Local Government Code: (8) Chapter 36, Penal Code; and (9) 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.

Natalia Luna Ashley

General Counsel

Texas Ethics Commission

Filed: June 12, 2006