December 18, 2006
How they spend their campaign cash

Following in the footsteps of Bay Area Houston and The Muse, who have both put a ton of time and effort into this, the Dallas Morning News takes a look at how our state legislators spend their campaign cash.


A Dallas Morning News review of campaign finance reports filed by the area's lawmakers in the last two years shows that nearly half of what they spent - about $2.2 million - went for things unrelated to their campaigns.

It's all legal, as long as the expenses are related, even indirectly, to their role as state legislators. And lawmakers defend it, saying they're expected to maintain two households and two offices but are paid little.

"You need the flexibility to not only do your job back at home in the district, but also to spend time in Austin," said Rep. Rafael Anchia, D-Dallas, who used campaign funds to rent a 1996 Chevy Blazer to drive during the 2005 session of the Legislature.

"I need a place to hang up my suits and my ties and keep my toiletries, and to sleep after late nights on the House floor. That's part of it as well."

But with the bulk of these campaign contributions coming from high-dollar donors and special-interest groups seeking help in the Legislature, advocates for campaign finance reform say the system opens the door for corruption.

Most of these legislators are in safe seats and don't need much money to get re-elected. So the money they raise is bankrolling a standard of living, watchdogs say.

"Many of these legislators have virtually no opposition and don't need the campaign money," said Craig McDonald, executive director of Texans for Public Justice, which studies the influence of money in state politics. "But they're happy to take money to maintain their lifestyle."

Texas legislators are paid an annual salary of $7,200, plus an allowance of $128 for every day the Legislature is in session. This adds up to about $25,000 for a regular 140-day session - far from a comfortable full-time salary and one of the lowest in the country.


To me, the answer to all this is simple. Being a legislator is a fulltime job, even if we're not having a zillion special sessions all the time. The job should be compensated as such. It doesn't have to be a lavish salary - perhaps somewhere between $50 and 100K per year, with more for Senators and a reasonable allowance for housing, food, and transportation - but it should be enough that people can live on it without having to keep their regular jobs. In return for this, there should be much stricter controls over how campaign donations can be spent, how that spending gets reported, and - most importantly - there must be real penalties for breaking those rules, with a real enforcement mechanism in place.

Oh, and one more thing: You can't keep your campaign cash once you're no longer in office or running for an office. Once you step down or get tossed out, you have a fixed period of time in which to either file for another office, or disperse the cash in some prescribed way. As best as I can tell right now, once you get a campaign donation it's yours to keep. Which means folks like Steve Wolens and Ken Armbrister have effectively retired as millionaires. I'm sorry, but that ain't right. (Note: See update.)

Odds of any of this happening? Pretty darned close to zero. The public hates paying its public officials, and would rather it be outsourced to the big donors, where it reserves the right to get indignant about the occasional abuse that's too big to ignore. Because of that, very few elected officials want to try to push a bill through to change things. Who wants to get Leiningered over that? Until these things change, we're stuck with what we've got.

UPDATE: Muse emails to say that TEC rules already require disposition of campaign funds in a prescribed manner. Here are the rules:


§ 20.237. Final Disposition of Unexpended Contributions

(a) A former candidate who was not an officeholder at the time he or she filed a final report may not retain unexpended political contributions, unexpended interest or other income earned from political contributions, or assets purchased with political contributions or interest or other income earned from political contributions for more than six years after the date of the final report, except as provided by subsection (f) of this section.

(b) During the six-year period after the final report is filed, a former candidate may disburse unexpended political contributions, unexpended interest or other income earned from political contributions, or assets purchased with political contributions or interest or other income earned from political contributions to one of the following:

(1) the political party with which the person was affiliated when the person's name last appeared on a ballot;

(2) a candidate or political committee, subject to the reporting requirements of § 20.243 of this title (relating to Contribution of Unexpended Political Contributions to Candidate or Political Committee);

(3) the Comptroller of Public Accounts, for deposit in the state treasury for use in financing primary elections;

(4) one or more persons from whom political contributions were received, with
contributions to a person not to exceed the aggregate amount the former candidate accepted from that person during the last two years that the candidate accepted political contributions;

(5) a recognized, tax-exempt charitable organization; or

(6) a public or private post-secondary educational institution or an institution of higher education, as defined by the Education Code, § 61.003(8) (concerning Definitions), solely for the purpose of assisting or creating a scholarship program.


(c) A former candidate may not convert unexpended political contributions, unexpended interest or other income earned from political contributions, or assets purchased with political contributions or interest or other income earned from political contributions to personal use.

(d) At the end of the six-year period after the final report is filed, a former candidate must dispose of unexpended political contributions, unexpended interest or other income earned from political contributions, or assets purchased with political contributions or interest or other income earned from political contributions in one of the ways listed in subsection (b) of this section.

(e) A former candidate must make the disposition required by subsection (d) of this section by the 10th day after the end of the six-year period.

(f) The six-year period prescribed by subsection (a) of this section ceases to run if the former candidate files a new campaign treasurer appointment during the period.

§ 20.239. Report of Final Disposition of Unexpended Contributions

(a) A person required by § 20.237 of this title (relating to Final Disposition of Unexpended Contributions) to dispose of unexpended contributions, unexpended
interest or other income earned from political contributions, or assets purchased with political contributions or interest or other income earned from political contributions at the end of the period for retaining such funds is required to file a report of the disposition of such funds.

(b) The report must be filed no later than the 30th day after the end of the six-year period prescribed by § 20.237(a) of this title (relating to Final Disposition of Unexpended Contributions).

(c) The report shall be filed with the authority with whom the person's campaign treasurer appointment was required to be filed.

(d) The report shall cover the period that begins on the first day after the period covered by the last annual report required through the day a report under this section is filed.


Full TEC rules can be found here (PDF) - thanks again to Muse.

Posted by Charles Kuffner on December 18, 2006 to That's our Lege | TrackBack
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