As his campaign said it would, Lee Leffingwell filed a complaint in Austin’s municipal court today alleging 49 violations of campaign finance law by Brewster McCracken‘s campaign. (We covered the dispute earlier here.)
“This is important because part of the mayor’s job is to make and defend the laws of our city,” Leffingwell says in a press release, pasted after the jump. “I believe the mayor needs to set an example by following the letter of the law, not advancing suspect interpretations or exploiting possible loopholes in the law to gain personal or political advantage.”
Guess we won’t see McCracken and Leffingwell co-sponsor an item at City Council anytime soon.
FOR IMMEDIATE RELEASE: May 4, 2009
CONTACT: Mark NathanLEFFINGWELL FILES COURT COMPLAINT ALLEGING 49 VIOLATIONS OF CAMPAIGN FINANCE LAW BY MCCRACKEN
Austin, Texas Mayoral candidate Lee Leffingwell filed a sworn complaint in Austin Municipal Court this afternoon alleging 49 violations of Austin”s campaign finance laws by mayoral candidate Brewster McCracken.
An Austin law proposed by McCracken, Leffingwell and former Mayor Pro Tem Betty Dunkerley and approved by Austin voters in 2006 caps out-of-city contributions in municipal races at $30,000 per general election, and adjusts the amount for inflation. The current cap is $33,000.
From December 8, 2008 through April 29, 2009, McCracken reported accepting a total of $41,700 from out-of-city donors – $8,700 more than the legal cap.
Austin laws also cap out-of-city contributions in municipal races at $20,000 per run-off election; the current inflation-adjusted cap is $22,000.
Mr. McCracken’s campaign has alleged that the law allows Mr. McCracken to accept contributions for the run-off election before it has been called, and that the $8,700 should be considered part of the $22,000 run-off cap.
Violations of Austin”s campaign finance laws are punishable as Class C misdemeanors, with penalties of up to $500 for every offense.
“We strongly disagree with the McCracken campaign”s interpretation of the law, and so the appropriate venue to settle the question is in the Austin Municipal Court,” said Leffingwell. “There is no provision in our campaign finance laws allowing a candidate to accept funds for a run-off election before the run-off election has been called.”
“This is important because part of the mayor’s job is to make and defend the laws of our city,” Leffingwell said. “I believe the mayor needs to set an example by following the letter of the law, not advancing suspect interpretations or exploiting possible loopholes in the law to gain personal or political advantage.”
The text of Leffingwell”s court complaint follows:
In his capacity as a candidate for municipal office in Austin, Mr. McCracken is believed to have violated Article III Section 8(3) of the Austin City Charter, which establishes an aggregate per-election cap on contributions “from sources other than natural persons eligible to vote in a postal zip code completely or partially within the Austin city limits.” The cap is defined in the City Charter as “$30,000 per election.” Because the City Charter ties the cap to the Consumer Price Index, it is adjusted annually for inflation. The cap is currently is $33,000, according to the Austin City Clerk. From December 8, 2008 through April 29, 2009, Mr. McCracken is believed to have raised a total of $41,700 from sources other than natural persons eligible to vote in a postal zip code completely or partially within the Austin city limits. This represents 49 separate contributions of various amounts in excess of the $33,000 cap. The City Charter also allows candidates to raise “$20,000 in the case of a run-off election.” Adjusted for inflation, this cap is currently $22,000, according to the Austin City Clerk. Mr. McCracken”s spokesperson has maintained in press reports that the 49 contributions Mr. McCracken accepted in excess of the $33,000 cap during the general election were “in anticipation of a run-off election.” There is no provision in the City Charter or Austin Code of Ordinances allowing a candidate to accept funds for a run-off election before the run-off election has been called. In September 2008, the Austin City Council unanimously adopted an ordinance establishing penalties for violations of the campaign finance provisions contained in Article III Section 8 of the City Charter. Code Section 2-2-5 reads: “a person who knowingly violates this chapter or provision of City Charter Article III, Section 8 commits a Class C misdemeanor punishable in accordance with Section 1-1-99 by a fine not to exceed $500. Each expenditure, contribution, or other action in violation of this chapter constitutes a separate offense.”
This article appears in May 1 • 2009.