Notice of Correction - Advisory Opinion Request 542 (AOR 542)

Note: The notice published in the February 8, 2008, issue of the Texas Register (33 TexReg 1025) was not the complete summary and should be replaced with this summary.

AOR 542. A Texas general-purpose political committee that supports candidates from major political parties and that is interested in supporting candidates for state representative that share the same or similar philosophy as the committee's contributors has asked the Texas Ethics Commission to consider the following questions:

In light of Chapter 302 of the Government Code, may representatives of the political committee ask a candidate for state representative the following questions?

1. Will the candidate support or oppose any particular candidate for speaker of the House of Representatives (hereinafter "speaker candidate")?

2. Has the candidate signed a pledge card to support any particular speaker candidate?

3. Will the candidate likely vote for a speaker candidate who has a particular political philosophy or voting record?

The requestor also asks the following questions:

1. May the committee's decision to support or not support a candidate for state representative be based solely on whether that candidate will support or oppose any particular speaker candidate?

2. May a committee's decision to support or not support a candidate for state representative be based solely on whether that candidate has or has not signed a pledge card to support any particular speaker candidate?

3. May a committee representative ask whether a candidate for state representative is intending to, or has agreed to support any speaker candidate? May the committee consider the response as one factor to this question, together with numerous other factors (such as demographics, policy position of all the candidates, funding sources, campaign staff, other candidates in the race, funding availability, and sources for other candidates, the work ethic of the candidate, the candidates campaign staff, voting history of the district, etc.) in determining whether to support the candidate?

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.

TRD-200800655

Natalia Luna Ashley

General Counsel

Texas Ethics Commission

Filed: February 1, 2008