While I haven't yet had a chance to peruse the data within, I want to follow up on my post from last Friday and extend my congratulations and thanks to Rep. Dawnna Dukes. As had been reported by Corrie MacLaggan at the Austin American-Statesman, Dukes had chosen not to file corrected campaign finance reports with the Texas Ethics Commission due to potential fines that would be automatically incurred regardless of her intent to bring closure to a 2007 ethics complaint against her.
As I wrote in that post...
But this is a real catch-22 situation, where the law is not encouraging the right behavior.
...
The issue would be effectively dead if those correct reports were released to the media for review or posted to a campaign website in lieu of going back to the Texas Ethics Commission.
Rep. Dukes did just that, posting the 4 corrected TEC reports on her campaign website under a section titled "Catch-22" which explained the situation. They are now available to the public to download and view here.
While the extended time from the original complain to this resolution could have been truncated, far be it from me to not commend Rep. Dukes for doing the right thing here. It's the right decision and I for one appreciate her for doing it.
Back in early 2008, Burnt Orange Report reported on the filing of campaign finance violations filed against Austin's Rep. Dawnna Dukes for failing to itemize tens of thousands of dollars in credit card expenditures. Last December, Dukes paid $2,800 in fines for failing to report the required information.
While the fine is paid, the reports remained uncorrected- but submitted those corrected reports for prior filing periods would automatically trigger up to $50,000 in new fines ($10,000 per report). As such, Dukes is saying she's going to skip on correcting the reports, even though a waiving or reduction of those fines is possible by the TEC as reported by Corrie MacLaggen at the Austin American-Statesman.
She said that her attempt to "be transparent and rectify" the issue became an "administrative nightmare."
"Even if you want to try to do the disclosure, there is a penalty regardless," said Dukes, adding that she plans to post the corrected reports on her Web site. However, she declined to release the corrected reports to the American-Statesman this week, saying they're not in a sendable format.
Sorrells said that state law, not commission policy, requires fines of up to $10,000 for certain late reports. The law was tweaked in 2007, limiting the types of reports that trigger that maximum fine, Sorrells said.
State law requires officials and candidates to report who gets paid with a campaign credit card so the public can see how officials or candidates are spending political donations. But many state officials didn't follow that law until the commission reminded them about it in 2007.
I don't understand Duke's statement that the corrected reports are not in a sendable format because the TEC filing software generates downloadable PDFs which could indeed be sent to the Statesman.
But this is a real catch-22 situation, where the law is not encouraging the right behavior.
Submitting the 2004 report triggered a $10,000 late fee, Dukes said. The commission waived that fee in February, according to agency documents.
Dukes said it would be impossible for her to know whether she could get any future late fees waived, so she has decided not to submit the other corrected reports. Paying $40,000 or more to submit the documents "is not fiscally prudent," she said.
Sorrells said that although filers can seek waivers for the late fines, "the commission cannot consider a waiver unless a report is filed."
And if a corrected report isn't filed... well, nothing happens at all it appears. It's an unfortunate situation as I agree no one would want to take the gamble of large fines, when they no longer are "legally" required to correct them, other than to solve the political question about what wasn't reported correctly. The issue would be effectively dead if those correct reports were released to the media for review or posted to a campaign website in lieu of going back to the Texas Ethics Commission.
Dukes just filed a telegram report showing $67,880 in contributions from one donor: trial lawyer Mikal Watts.
Ironically (or hypocritically) she fired off a press release last week that criticized Thompson for taking money from a trial lawyer, and Quorum Report posted the Dukes press release:
DUKES: THOMPSON SELLS OUT IN DISTRICT 46
This morning voters in District 46 got a rude awakening, learning that Brian Thompson... has received over 50 percent of his campaign funds in this period from one, mega-rich Houston trial lawyer...
"This is a major red flag for voters," Dukes stated. "Thompson has sold his independence and the best interests of this district to the highest bidder. He's trying to turn the people's House into an auction barn."
The release also posed this question..."The biggest question for voters now is, 'What votes did Brian Thompson have to sell to get this money?
Glass house? Hypocrite?
So now that Dukes just took 67k from a certain trial lawyer, how would Dukes answer her own question? This is just slightly more than Dukes received from Republican donors before the 8 day reporting deadline.
In addition, the Thompson campaign has released a new, hard hitting ad asking the same questions we have been posing since 2007.
Wilhelmina Delco and the Texas Ethics Commission dismissed the Dukes Campaign frivolous complaint filed against Brian Thompson.
"I would like to thank Ms. Wilhelmina Delco and the other members of the Texas Ethics Commission for acting quickly to dismiss this frivolous and politically motivated complaint in a prompt and professional manner," said Democrat Brian Thompson. "The complainant all but acknowledged to a member of the media last week that he had ulterior motives for filing the bogus complaint. It is very reassuring that Ms. Delco and her fellow Ethics Commission members acted so quickly to ensure that a bogus ethics complaint did not impact this election."
The Dukes campaign asserted "Thompson did not clearly state his ads were political ads and who paid for them, even though his commercials ended with a message saying 'political advertisement paid for by the Brian Thompson campaign'"
In contrast, the Dukes campaign still has questions looming on an ethics complaint that was filed against Rep. Dukes for not reporting 8 years and $89,000 worth of credit card expenses is still pending before the Texas Ethics Commission. Despite repeated promises by Ms. Dukes to correct her 8 years worth of improper ethics reports, she still has yet to file a single corrected ethics report.
According to a Thompson press release this bogus complaint filed by a Dukes supporter against Thompson is just one more example of the misleading tactics being used by a desperate campaign. Dukes's record of deception includes:
continuing to run ads that lie about Thompson's voting record
denying voters the opportunity to see how she spent $89,000 on 18 different credit cards, for which a legitimate ethics complaint is still pending
offering three different excuses for why she failed to pay her taxes.
It's a shame that a seven-term incumbent has resorted to lying about everything from my voting record to the reason why she didn't pay her taxes," said Thompson. "She needs to be held accountable for not telling the truth."
Brian Thompson proclaims he won't be "swift-boated" and on face that seems odd in a Democratic primary. However, looking at the 8 day out report, it seems Republicans are just as interested in the outcome in House District 46 as the Democrats who want to get rid of Tom Craddick.
From Brian Thompson's press release yesterday Dawnna Dukes has received a late and massive infusion of campaign funds from Republican donors across the state.
$24,000 from Bob Perry - largest Republican donor in Texas - contributed more than $4,000,000 to the 'Swift Boat' attack ads
$10,000 from Michael Stevens - one of the largest Republican donors in Texas - TPPF Board Member - gave to the controversial Craddick-funded Tx Jobs PAC - Republican appointee to Sunset Advisory Commission
$2,500 from Harold Simmons - Republican donor who gave more than $3,000,000 to 'Swift Boat' attack ads - largest importer of nuclear waste in Texas
$2,000 from Texas Lobby Group - run by Craddick confidant, Bill Messer, and former Chief of Staff to Republican Governor Rick Perry, Mike Toomey
$2,000 from Donald Wood - Republican donor from Odessa - gave to Craddick's Stars Over Texas PAC - appointed by Dewhurst to a state board at Craddick's recommendation
$2,000 from Jack Wood - Republican donor from Odessa - gave to Craddick's Stars Over Texas PAC
$2,000 from Clay Wood - Republican donor from Odessa - gave to Craddick's Stars Over Texas PAC
Democratic primary voters in House District 46 need to know that Rep. Dukes is being funded by the same Republican moneymen who funded the 'Swift Boat' attack ads, and continue to give millions of dollars to the Republican Party of Texas, Tom Craddick, and Rick Perry," said Brian Thompson, Democratic candidate for HD 46. "I don't care how much Republican money Rep. Dukes takes, I will not be swift-boated."
As the Austin Chronicle reports, Dukes Campaign Consultant Colin Strother had another misplaced attack on the Thompson campaign.
This morning, Dukes' campaign manager Colin Strother sent out an angrily-worded press release that sounded like it was meant to be a killer blow. In it, he accused Thompson of "selling out" because of $48,588.25 in campaign contributions from attorney Steve Mostyn. This, Strother writes, means that 51% of the money Thompson raised and reported in his latest campaign finance filing came from a "mega-rich Houston trial lawyer." While the number is right, Strother omits to mention that this was actually payment-in-kind, since Mostyn has been paying for Thompson's anti-Dukes TV ads, and getting them a lot of air-time.
This seems an odd attack given the above mentioned donations from Republicans and John Kerry swift-boat mastermind Bob Perry. The Chronicle agrees:
Strother may also regret opening up the campaign finance can of worms, since his own candidate's latest filing is knee-deep in contributions from business PACs and even a few lawyers (including $250 from the Houston-based Baker Botts Amicus Fund,) plus the last-minute transfusion of $24,000 from GOP sugar-daddy Bob Perry.
The Dukes campaign has been focused on attacking the intellect of voters, the strong support Thompson has throughout Texas, and has refused to denounce Tom Craddick or his failed leadership.
Accepting these contributions indicate an implicit an endorsement for Tom Craddick. As Richard Whittaker points out, "This also comes the day after the Dukes campaign proudly proclaimed that they had been endorsed by TEXPAC, the Texas Medical Association's PAC. The same group has also endorsed her fellow Democrat reps Kevin Bailey, Byron Cook and Aaron Pena, all of whom have been called Craddick Ds. Not so helpful when Dukes is trying to distance herself from the speaker controversy."
Texans want change. Austin wants change. Burnt Orange Report wants change. Brian Thompson represents a new district for both the people of House District 46 and all of Texas. It's not to late to donate or volunteer. We hope you will do so today.
In just 15 days, our Too Close to Craddick Political Committee has raised over $30,000 ($30,510 to be exact) to help good Democrats challenge three Craddick Democrats--Democratic state representatives who turned their backs on their Democratic leadership to support Republican autocrat Tom Craddick for Speaker instead.
At this point in the campaign, we're sending funds out to the challengers as fast as we're taking them in. And they're spending it for blockwalkers, phones and television. Following are the challengers and their needs:
Brian Thompson (challenging Craddick D Dawnna Dukes in Austin)
Boost last week of television (Field program covered)
Armando Walle (challenging Craddick D Kevin Bailey in a Houston district that is 2/3 Hispanic)
Bilingual canvassers
Bilingual phoners
Spanish/English doorhanger
Canvassers for African-American areas (10% of district) (TV not affordable in Houston market)
Sandra Rodriguez (challenging Craddick D Kino Flores in McAllen and Pharr)
Spanish-speaking canvassers
Boost last week of television
For the next week, every dollar that we deposit in the morning will be sent out to our three Democratic challengers that afternoon. Let's keep the heat on and the momentum going. Mail your check payable to "Too Close to Craddick" to
Too Close to Craddick
PO Box 5674
Austin, TX 78763-5674
We saw in the Dan Barrett race in HD-97 that Tom Craddick is a liability. Here in Austin, Brian Thompson is making that point too.
As an incumbent, voters have to have a reason to reject Dukes and support Thompson. This ad and the other two below the fold help make that case.
Dukes's ties to Republican leadership and money, the questions surrounding her ethics reports, and the fact that she has evading her taxes has to make you wonder how "effective" she can really be in the Texas House.
Thompson on the other hand is a young, ethical leader in the community who is ready to fight for East Austin. He has taken a clear stand on important issues facing Texas, Austin, and HD-46.
Tonight at 10:00pm, investigative reporter Nanci Wilson of KEYE News will be airing an expose on Craddick Democrat, Dawnna Dukes. Yesterday, KEYE teased the story repeatedly. According to the previews aired yesterday, Dukes is running a defunct company that has accepted state dollars, her car has been repossessed, and subcontractors have sued her for non-payment.
Perhaps she couldn't find a way to pay those bills with her campaign credit card.
Tune in to KEYE Channel 42, or for cable subscribers on Channel 5 or in High Definition on 305 tonight at 10:00 to watch.
And remember, Dukes's opponent Brian Thompson is having his final fundraiser tonight from 5:30 to 7:30 at the Belmont on 6th. We are only $300 away from getting the $1,000 match from a donor who wishes to remain anonymous until the 8 day out report. Help raise $300 today.
This Monday, February 18th, Brian Thompson is having a fundraising event at the Belmont on 6th.
Brian Thompson
Democratic Candidate for HD 46 Please join us on
Monday, February 18th
5:30 to 7:30
The Dakota Lounge @ The Belmont
305 W. 6th Street
Not only will I be attending the event, the Thompson campaign has asked me to be one of the 60 sponsors to the event. Without hesitation or reservation, I enthusiastically signed on to sponsor and now we have lined up a dollar for dollar anonymous matching fund to help raise Thompson the money he needs to win.
Join me today in supporting Thompson's campaign for change. In order to get the anonymous donation, we need to raise $1,000 before Monday. So, I am happy to donate the first $100 (10% of the total goal), and I hope you will join me in contributing a few dollars to the Brian Thompson campaign.
Brian Thompson has had a lot of ammo to keep Dawnna Dukes in the news over the past week. As Paul Burka points out on his site, "Thompson was in a heads-I-win, tails-you-lose position". All because of $50,000 tied to Tom Craddick.
Rep. Dukes suggests that accepting $50,000 from a Craddick-funded PAC equates to sacrificing or compromising her "independence" in the race for Texas House Speaker. According to the Statesman article, "Campaign cash was hard to come by in January in Texas House District 46, which includes East Austin, but Rep. Dawnna Dukes still passed on an offer of $50,000 that came indirectly from House Speaker Tom Craddick. 'The contribution was available,' Dukes confirmed Wednesday. But she said that she didn't want to be distracted by what she anticipated would be attacks by her opponent if she took the money and that she wanted to remain independent to support the speaker candidate that's best for the district."
"This sounds like Rep. Dukes is acknowledging that $50,000 was linked to a vote for Speaker of the Texas House," said Brian Thompson, the Democratic candidate who is challenging Dukes in HD 46. "Our ethics laws do not look too favorably on a $50,000 quid pro quo."
Even though Dukes publicly said no to Craddick's money she seems to have spent a few cents on billboards in Austin. The message is bizarre for a Craddick D. Dukes claims she, "fights for change and wins." Interesting since she continues to vote and support the most conservative speaker in Texas History.
The change she has won includes:
Dukes voted against fully funding CHIP
Dukes voted against giving our retired teachers a cost-of-living adjustment
Dukes voted against cleaning up dirty school buses to reduce cancer causing pollution that Texas kids are forced to breathe on their way to school
Dukes could have killed a Republican tax bill that raised taxes on 90% of Texans and did nothing for public education but, instead, she was vacationing in France
Dukes has violated state law by failing to properly report more than $89,000 in "campaign" credit card expenses, which earned her a well-deserved ethics complaint
Dukes supported toll roads, and her sister received a contract from the tolling authority - perhaps it was merely a coincidence (inspiring videos like this)
Dukes passes a bill for a tenant of a local development never to disclose that she has a personal contract with the developer
While Dukes publicly sells out and continues to support Tom Craddick and refuse to pledge for a candidate besides ultra conservative Tom Craddick, Thompson publicly endorsed Thompson.
Brian Thompson, Democratic candidate for HD 46, announced that he is supporting Democratic State Rep. and Chairwoman of the Legislative Black Caucus, The Honorable Senfronia Thompson, for Speaker of the Texas House.
"Of the candidates who are currently running for Speaker, no one better represents the values of House District 46 than the 34-year veteran legislator and Chairwoman of the Legislative Black Caucus, State Representative Senfronia Thompson," Brian Thompson said. "It's time for Democrats to start acting and voting like real Democrats, not enabling the failed Republican ideology of starving public schools and denying children health care which has characterized the Tom Craddick regime."
Dawnna Dukes is too close to Craddick, and that's why he wants to pay the coins to keep her in office. While Thompson continues to be an impressive candidate he is also looking forward to the 81st legislative session and pledging to support the best candidate for Speaker-Senfronia Thompson.
