Historically, the City of Austin has restricted candidates from raising money for their next election in myriad ways including contribution limits, how much they can raise outside of the City, and time period restrictions on exactly when they can start fundraising.
It’s the latter restriction that was ruled unconstitutional at the end of August this year. The restriction stated that candidates couldn’t start fundraising for their upcoming election until 12 months prior to the election day.
US District Judge Robert Pitman ruled that the City failed to produce any evidence of quid pro quo corruption that necessitated the time period blackout.
NOT ONLY THAT: The restriction used to be six months, but when previous city council member Don Zimmerman sued and the case went all the way up to the 5th Circuit, that restriction was ruled unconstitutional. After that, the City of Austin went into their ordinances and changed it to twelve months instead of six.
Judge Pitman said that there’s no difference between the case before and this one, and that
“The City has failed to present sufficient evidence to show how a contribution made 366 days before an election, verses 364, presents a different threat of quid pro quo corruption.”
NOW WHAT: Well, the ordinance has been ruled unconstitutional, so it’s likely not enforceable, but the judge didn’t require the City to repeal the ordinance so it’s still on the books and could cause some confusion for candidates and campaign staff. Also, since it’s still on the books, technically the Ethics Review Commission could still receive complaints about fundraising outside of the 12-month moratorium period until the City makes a move to repeal it or appeal the ruling, though there’s not a high likelihood of success on an appeal given the previous Zimmerman ruling.
DIG DEEPER:
https://casetext.com/case/virden-v-city-of-austin
https://www.ca5.uscourts.gov/opinions/pub/16/16-51366-CV1.pdf