On November 4, in response to a court decision enjoining the Texas Ethics Commission from enforcing parts of the Election Code, the Ethics Commission released guidance concerning independent expenditure-only PACs.

The commission acknowledged restrictions on independent expenditures from independent expenditure-only PACs, referred to in the state as “direct campaign expenditure only committees,” are currently unenforceable under the October 16, 2013, ruling in Texans for Free Enterprise v. Texas Ethics Commission.

The commission requires independent expenditure-only PACs submit a sworn statement stating the committee intends to act exclusively as a direct campaign expenditure only committee in accordance with Texans for Free Enterprise and the committee will not use its funds to make contributions to candidates for elective office, officeholders, or political committees supporting or opposing candidates or assisting officeholders.

The commission also made available sample template political committees may use to submit their sworn statements

A special election will be held November 5, 2013, for the Texas State House of Representatives District No. 50 seat.

State Rep. Mark Strama announced his resignation on June 26, 2013, in order to work for Google Fiber. The winner of the election will serve out the unexpired term of Strama, who was last elected to the seat on May 29, 2012.

On August 8, 2013, the Texas Ethics Commission adopted a new rule concerning political and legislative advertising related to redistricting and amended its definition of political advertising.

The new commission rule allows candidates campaigning in districts altered by redistricting to use the term re-elect “only if the candidate is the elected incumbent of an office that represented any part of the new or renumbered district prior to the redistricting”.

The definition of political advertising was amended to contrast an individual communication made by email versus “mass e-mails involving an expenditure of funds beyond the basic cost of hardware messaging software and bandwidth”. Currently the rule’s language in the definition of political advertising reads only that it “does not include communication made by email”.

The changes take effect on September 1, 2013.

Yesterday, the Texas Legislature adjourned its third special session sine die.

Governor Rick Perry had called the special session to consider legislation relating to the funding of transportation infrastructure projects. According to KVIA.com, the Legislature passed a constitutional amendment boosting transportation spending with money coming from oil and gas revenues diverted away from the state’s Rainy Day Fund. The amendment will be voted on next year by the state’s voters.

The Texas Legislature adjourned sine die yesterday on May 27.

However, the Legislature was immediately called into special session by Governor Rick Perry. The special session began in the evening, but cannot last longer than 30 days.

The initial call for the special session will focus on approving redistricting maps drawn for the 2012 election by federal judges, according to KRISTV.com. Other items are expected to be added to the special session’s agenda.

Photo of the Texas State Capitol by Kumar Appaiah on Wikipedia.

A bill requiring lobbyists to disclose work as campaign consultants passed in the Texas Legislature on May 9.

House Bill 1422 requires individuals registering as lobbyists with the state to include the full name and address of each person who compensates or reimburses the registrant, or person acting as an agent for the registrant, for services, including political consulting services, rendered by the registrant from:

• A political contribution;
• Interest received from a political contribution; or
• An asset purchased with a political contribution.

The legislation has been sent to Governor Rick Perry. If not vetoed, the bill will become law with or without his signature.

In a Texas bill introduced predominantly dealing with the ethics of public servants, the requirement for registering as a lobbyist in the state would be expanded.

House Bill 2737 amends the state’s lobbying law to include goodwill lobbying.

Specifically, the following definition is added: “Communicates directly with a member of the legislative or executive branch to influence legislation or administrative action” or any variation of the phrase includes establishing goodwill with the member for the purpose of later communicating with the member to influence legislation or administrative action.

A person would not be required to register if he or she spends 26 hours or less during the calendar quarter engaging in the communication. Additionally, the other current thresholds for determining whether registering as a lobbyist is required would remain.

The bill, introduced by Rep. Dennis Bonnen, also make changes concerning the regulations of political contributions and expenditures, political advertising, the conduct of public servants, and the reporting of personal financial information by public servants.

Photo of the Texas State Capitol courtesy of Kumar Appaiah on Wikipedia.

This May El Paso, Texas voters will decide whether to move city elections to November or let them remain in the spring.

The City Council voted on February 14, 2013, to allow the voters to amend the city’s charter and choose the timing of future municipal elections. The council did not make any recommendation as to its preference.

If approved, the first November election would be held in 2018, according to the El Paso Times.

Texas Governor Rick Perry announced a special election for the currently vacant district six state senate seat. The position was held by Senator Mario Gallegos, who died last October but was nonetheless reelected posthumously in November.

The Governor has set the election for Saturday, January 26, 2013.

In the event a single candidate does not receive a majority of the votes in the January election, a runoff election will be held between the top two candidates receiving the most votes.

Arizona: “Dismissal of Arizona redistricting lawsuit requested by commission” by The Associated Press in the Arizona Capitol Times.

Kansas: “Remove politics, and redistricting map falls in line” by Scott Rothschild in the Lawrence Journal World.

Kansas: “Redistricting hearings begin in Kansas City” by Andy Marso and Aly Van Dyke in the Topeka Capitol-Journal.

Missouri: “Missouri’s U.S. House and statehouse districts will remain, court rules” by Elizabeth Crisp in the St. Louis Post-Dispatch.

North Carolina: “N.C. group: Panel, not lawmakers, to draw districts” by the Associated Press in the Greensboro News & Record.

Texas: “Redistricting concerns remain in Texas” by Paul J. Weber in the Daily Oklahoman.

A federal court has pushed back Texas’s primary date from April 3 to May 29.

Additionally, the Texas general primary runoff election has also changed to July 31 from June 5.

A three judge panel from the US District Court for the Western District of Texas San Antonio Division, having entered redistricting plans for the 2012 elections for the US House of Representatives, the Texas House of Representatives and the Texas State Senate, found it necessary to make certain adjustments to the election schedule. The court’s order, issued March 1, stipulates various other changes of filing dates and deadlines for candidates and for voting activities concerning elections of federal, state, county, and local offices held in the state.

The court order also mandates that for the 2012 elections to the Texas House and Senate, a person must be a continuous resident of the district the person seeks to represent from April 9, 2012 until the date of the General Election.

The court’s order can be found, via the website Texas Redistricting.

The Texas Ethics Commission announced there is no requirement to file the 30-day pre-election report due March 5th.

Normally, committees such as general and specific-purpose political committees that support or oppose a candidate or measure must file reports 30 days before an election in which the committee is involved, covering the first day after the period covered by the last report through 40 days before the election.

The Ethics Commission lifted the requirement because there is no ballot for the April 3rd election. The state’s primary election dates will likely be changed once redistricting in Texas has been finalized.

Idaho

“Attorney General: Redistricting Commissioners can’t be fired” in the Spokesman-Review.

Kentucky

“Beshear Signs Redistricting Bill, Decries Process” by Phillip M. Bailey from the WFPL News.

Here is opinion piece by Kentucky Rep. Kelly Flood: “Senate redistricting ‘a display of arrogance, bullying‘” from the Lexington Herald-Leader.

Texas

“Justices’ Texas Redistricting Ruling Likely to Help G.O.P.” by Adam Liptak in the New York Times.

“Supreme Court throws out Texas election maps” by James Vicini on Reuters.

“Supreme Court sides with Texas on redistricting plan” by Robert Barnes in the Washington Post.

Virginia

“Virginia Senate narrowly passes GOP-backed congressional redistricting bill” by The Associated Press in the Washington Post.

“Senate approves GOP congressional redistricting plan” by Jim Nolan in the Richmond Times-Dispatch.

Florida: “Senate committee finalizes redistricting maps as Democrats split” Mary Ellen Klas in the Miami Herald.

“Democrats prepare for partisan redistricting debate” by Aaron Deslatte in the Orlando Sentinel.

Kentucky: “Panel approves state House redistricting plan over Republican protests” by Jack Brammer in the Lexington Herald-Leader.

North Carolina: “N.C. lawyers want redistricting challenges dismissed“by The Associated Press in the Greensboro News & Record.

Texas:“Republicans say Texas may need to hold two primaries” by Aman Batheja in the Star-Telegram.

“More Confusion in Redistricting Case” by Richard Whittaker in The Austin Chronicle.

West Virginia: “W.Va. redistricting deadline lifted, but election calendar looms” by Lawrence Messina (Associated Press) in the Charleston Gazette.