Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter C - INVESTIGATION AND PRELIMINARY REVIEW › Section 12.81 - Technical, Clerical, or De Minimis Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) A technical, clerical, or de minimis
				  violation for purposes of §
										RSA
				  571.0631 of the Government Code may include a
				  first-time allegation against a respondent for:
(1) Typographical or incomplete information
				  on a campaign finance report that is not misleading and does not substantially
				  affect disclosure;
(2) Failure to
				  include a disclosure statement on political advertising;
(3) Failure of a non-incumbent to use the
				  word "for" in a campaign communication that is not otherwise
				  misleading;
(4) Failure to include
				  the highway right-of-way notice on political advertising;
(5) Using a representation of the state seal
				  by a person who is not an officeholder in political advertising that is not
				  otherwise misleading;
(6) Filing a
				  late campaign finance report that is not a report due 30 or 8 days before an
				  election or a special pre-election report, and the alleged violations do not
				  substantially affect disclosure;
(7) Filing an incomplete or corrected
				  campaign finance report that is not a report due 30 or 8 days before an
				  election or a special pre-election report if:
(A) the total amount of incomplete or
				  incorrectly reported political contributions does not exceed the lesser of 10%
				  of the total amount of political contributions on the corrected report, or
				  $5,000;
(B) the total amount of
				  incomplete or incorrectly reported political expenditures does not exceed the
				  lesser of 10% of the total amount of political expenditures on the corrected
				  report, or $5,000; or
(C) the total
				  amount of incomplete or incorrectly reported political contributions or
				  political expenditures does not exceed the amount of the filing fee for a place
				  on the ballot for the office sought or held by the respondent during the period
				  covered by the report at issue, or, if there is not a set filing fee,
				  $500;
(8) Filing an
				  incomplete or corrected campaign finance report if the incomplete or corrected
				  information is not misleading and does not substantially affect disclosure,
				  including:
(A) the filer's full name, address,
				  office sought, or office held;
(B)
				  the identity and date of the election for which the report is filed;
(C) the campaign treasurer's full name,
				  address, or telephone number;
(D)
				  the full name of each identified candidate or measure or classification by
				  party of candidates supported or opposed by a political committee;
(E) the full name of each identified
				  officeholder or classification by party of officeholders assisted by a
				  political committee;
(F) the amount
				  of total political contributions maintained as of the last day of the reporting
				  period, if the error is a de minimis error as defined by §
												RSA
				  20.50 of this title;
(G) the purpose of a political expenditure;
				  or
(H) the period covered by the
				  report;
(9) Failure to
				  timely file a campaign treasurer appointment if, before filing the campaign
				  treasurer appointment, the total amount of political contributions accepted
				  does not exceed $2,500 and the total amount of political expenditures made or
				  authorized does not exceed $2,500;
(10) Failure to disclose information related
				  to an out-of-state political committee required by §
											RSA
				  20.29 or §
											RSA
				  22.7 of this title if the total amount of
				  political contributions accepted from the committee does not exceed $10,000 and
				  the contributions are otherwise properly disclosed;
(11) Failure to disclose the principal
				  occupation, job title, or employer of a contributor if the total amount of
				  political contributions accepted from the contributor does not exceed $15,000
				  and the contributions are otherwise properly disclosed;
(12) As a general-purpose committee, making a
				  political contribution to another general-purpose committee without including
				  in its campaign treasurer appointment the name of the recipient committee
				  before making the contribution, if the contributing committee properly
				  disclosed the contribution;
(13)
				  Failure to file a termination report required by §
											RSA 20.317 or
				  §
											RSA 20.417 of
				  this title if the period covered by the termination report is included in a
				  subsequently filed report;
(14)
				  Filing a campaign finance report without using the form prescribed by the
				  commission if the report:
(A) discloses all
				  the information required by chapter 254 of the Election Code and this
				  title;
(B) is substantially similar
				  in size and format to the form prescribed by the commission; and
(C) is not misleading and does not
				  substantially affect disclosure;
(15) Making a political contribution
				  prohibited by §
											RSA
				  253.1611, Election Code, if the contribution
				  does not exceed the limits by more than $1,000 and the amount in excess is
				  returned to the contributor; or
(16) Failure to timely respond to a sworn
				  complaint if the response is no more than 30 days late and the respondent shows
				  good cause for the late response.