Burnt Orange Report

Ronnie Earle and the AFL-CIO

By Jim Dallas

Basically, nobody seems to understand Texas campaign finance law today. So here's my two cents.

Besides the point about law firms made by Josh Marshall; the accusation by the Washington Times that Ronnie Earle illegally took union money is laughable - not because, as Jesse Lee claims, that it would fall under the overhead exception, because the overhead exception only applies to contributions to general-purpose PACs, and a candidate committee is a specific-purpose PAC - but rather because the "AFL-CIO" listed in the campaign reports is not, actually, the AFL-CIO. Rather, candidates often list "AFL-CIO" in their financial reporting statements as shorthand for the "Texas AFL-CIO State COPE Fund", which is a registered general-purpose PAC ("COPE" of course being an acronym for "committee on political education"), not a labor organization. This is not mere slight of hand or an accounting trick. While the Texas AFL-CIO federation and the Texas COPE fund may be affiliated (I believe they share some staffers), they don't share a bank account. They are different legal entities with different legal rights.

Presumably (and I say this simply because the great weight of common sense would demand this to be the case; I don't have the paperwork in front of me) Ronnie Earle's money came from COPE and someone listed it as "AFL-CIO". That might confuse the Washington Times and it might be politically inconvenient for Earle (although, having met this man before, I believe he'll shrug it off and do the people's business fighting the real law-breakers), but it's not any evidence of illegal contributions.

Corporations, for what it's worth, can also set up and fund the administration of PACs. Provided union dues or employee exactions are not used to fund the PAC, the PAC can legally contribute to just about anybody it wants. See Texas Election Code § 253.100.

Nonetheless, I am not so enamored with the majesty of the law to recognize that this hit is designed solely to convince the easily-led that Earle (and Democrats) are somehow hypocritical. This follows the first rule of Texas politics: when at first you don't succeed (although, to be sure, I imagine DeLay and company may have at least one non-frivolous legal argument that may result in acquittal - and no, DeGuerin's silly "the statute didn't criminalize conspiracy" argument does not count), resort to character assassination.

Addendum: I would be remiss to note that COPE contributions are voluntary (see this AFT COPE explainer). Think of it this way. Suppose you work at Acme Co., world-class manufacturer of such rarities as rocket-powered roller skates and dehydrated water. Your co-workers decide to form a bowling team. True - you might refer to yourself as the "Acme Co. Bowling Team" and on the league schedule y'all might be referred to as "Acme Co.", but legally speaking no one would confuse your bowling team with Acme Corporation, the multi-billion dollar industrial giant who employees you. COPE-style labor PACs and similar corporate PACs are the political analogue.