Saturday, July 23, 2016

U.S. District Court Strikes Down Some Campaign Finance Restrictions in Austin, Texas


Thanks to Richard Winger of Ballot Access News for this post.

On July 20, U.S. District Court Judge Lee Yeakel struck down two Austin, Texas Campaign Finance restrictions, but he upheld a third one. The case is Zimmerman v City of Austin, w.d., 1:15cv-628.

- Austin law made it illegal for candidates for Mayor or City Council to receive campaign contributions, except during the period starting six months before the election. That law was invalidated.

- Austin law required candidates for Mayor and City Council to disburse their excess campaign contributions, during the three months after the election. The law required them to give the money back to their contributors, give it to charity, or the city. That was also invalidated.

- The judge upheld the $300 limit on individual contributions.

- The law that limited the amount that a candidate could spend, that came from outside the city, to $36,000. The judge said the plaintiff did not have standing to challenge that law.

The plaintiff, Donald Zimmerman, is an incumbent member of the City Council who is running for re-election. The evidence showed he had nowhere near that amount of contributions from outside the city, so as to him, the law made no difference, so he lacked standing.

CLICK HERE to read the 18 page (PDF) opinion.











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