Although state and federal elections often receive far more funding and scrutiny than local elections, even municipal elections across Texas can lead to controversy. There are many rules regarding election transparency and ethics that affect municipal employees during election season.
Municipal clerks, city attorneys and others who play a role in managing or authenticating elections for local city council positions and mayoral races need to ensure that they meet all of the standards imposed by the Texas Ethics Commission (TEC).
What does the TEC require?
The TEC imposes rules regarding political advertising. In fact, politicians across Texas even need to include warnings on their political signs advising supporters that they cannot place their signs in the right-of-way of a highway, as such placement may imply a local municipal endorsement of a specific candidate.
The TEC also outlines how municipal clerks act as the local filing authority for those running for municipal positions. They have an obligation to process Campaign Treasurer Appointment forms before candidates begin raising or spending money and applications to place a candidate on the ballot. Clerks must maintain all original paperwork and ensure the accuracy of all documents before taking official action.
Clerks must also provide specific information to individual candidates, including a form outlining the Code of Fair Campaign Practices. They may also need to collect and assess personal financial disclosure statements made by local officials after their election.
City attorneys are not subject to campaign finance reporting requirements established by the TEC as employees or appointed officials. However, they have a responsibility to ensure that local officials and employees do not use public resources to support or oppose individual candidates or measures. They must also use impartial language when giving advice on the upcoming election and the procedures necessary for the election to be valid.
They cannot use their official position to advocate for a particular outcome. They also have an obligation to disclose any conflicts of interest that could compromise their neutrality and recuse themselves if necessary.
There are many rules that govern local Texas elections. Violations of those rules can lead to legal complications for municipal authority figures and questions about the legitimacy of the outcome of an election. City attorneys and municipal clerks need to remain up to date on ethics rules to ensure that elections are fair and secure.
Working with an attorney familiar with campaign finance law and other complex government regulations can help municipal clerks, city attorneys and other local authority figures to better ensure ongoing compliance with ethics rules and financial restrictions.