Monday, February 18, 2013

Walmart Violated Texas Election Laws with Illegal $25,000 to Lumberton Political Committee of Realtor Joan Abshire - TEC Investigating

Wal-mart Corporation, Luan Mai (the Lumberton Walmart manager who worked to authorize this contribution), and Lumberton Realtor Joan Abshire (the person in charge of the political action committee) have violated Texas Election Laws in a MAJOR way with an ILLEGAL $25,000 money exchange, according to the facts presented in a complaint against them. The Texas Ethics Commission is investigating, and at a minimum, large fines will be assessed with a maximum of one year in prison possible for the Class A Misdemeanor.
  
This article about a Walmart campaign finance violation is just the tip of the iceberg. I will be writing more articles in the near future detailing a much bigger problem with this local Lumberton, TX Walmart to include evidence of local public corruption, and even bribery.

Facts of the Case:

On 6/11/2012, Joan Abshire (Re/Max Beaumont Lumberton Realtor) submitted documents to the City of Lumberton appointing herself as the initial campaign treasurer of the "Keep Dollars in Lumberton Committee" specific-purpose committee. (see documents below) The committee was created to promote a local issue election petition that would financially benefit Abshire’s business.

On 8-8-2012, Joan Abshire submitted the first campaign finance report for the "Keep Dollars in Lumberton Committee." This campaign finance report shows that on 5/21/2012, the committee received a $25,000 contribution from Walmart. This campaign finance report also shows that on 5/21/2012, the committee made a $25,000 expenditure to Texas Petition Strategies. (see documents below)
This $25,000 contribution was accepted and expended nearly 3 weeks BEFORE Joan Abshire was appointed as the initial campaign treasurer of the newly created "Keep Dollars in Lumberton Committee"
According to Texas Election Code, Title 15, Subchapter B, § 253.031, it is a Class A Misdemeanor for a political action committee to knowingly accept political contributions totaling more than $500 or make or authorize political expenditures totaling more than $500 at a time when a campaign treasurer appointment for the committee is not in effect. Both contribution and expenditure violations have occurred.

Walmart Corporation, Luan Mai (the local Walmart manager who worked to authorize this contribution), and Joan Abshire (the person in charge of the political action committee) have clearly violated Texas Election Laws in a MAJOR way for the high dollar money exchange before the political committee that the contribution was given to was even formed.

Since when does Walmart just make massive contributions like this without even checking to verify that the contribution was legal? Also, since when does Walmart (out of state corporation) get involved in a small town local issue like this by pumping more money into this local issue election than the total amount of all recent local election contributions combined?

The answer to those questions is actually much worse than you might think. This article about a campaign finance violation is just the tip of the iceberg. I will be writing more articles in the near future detailing a much bigger problem involving Walmart, local public corruption, and even bribery. But hey, that is East Texas politics for you. Except now, the East Texas good ol' boy network is funded by the big purse of an out of State Corporation (Walmart).

below are the documents obtained through a Texas Open Records Request that definitively prove a violation of Texas Law has occurred:







Title 15, Texas Election Code
Regulating Political Funds and Campaigns

SUBCHAPTER B. CANDIDATES, OFFICEHOLDERS, AND POLITICAL COMMITTEES
§ 253.031. Contribution and Expenditure Without Campaign Treasurer Prohibited
(a) A candidate may not knowingly accept a campaign contribution or make or authorize a campaign expenditure at a time when a campaign treasurer appointment for the candidate is not in effect.
(b) A political committee may not knowingly accept political contributions totaling more than $500 or make or authorize political expenditures totaling more than $500 at a time when a campaign treasurer appointment for the committee is not in effect.
(c) A political committee may not knowingly make or authorize a campaign contribution or campaign expenditure supporting or opposing a candidate for an office specified by Section 252.005(1) in a primary or general election unless the committee’s campaign treasurer appointment has been filed not later than the 30th day before the appropriate election day.
(d) This section does not apply to a political party’s county executive committee that accepts political contributions or makes political expenditures, except that:
(1) a county executive committee that accepts political contributions or makes political expenditures shall maintain the records required by Section 254.001; and
(2) a county executive committee that accepts political contributions or makes political expenditures that, in the aggregate, exceed $25,000 in a calendar year shall file:
(A) a campaign treasurer appointment as required by Section 252.001 not later than the 15th day after the date that amount is exceeded; and
(B) the reports required by Subchapter F, Chapter 254, including in the political committee’s first report all political contributions accepted and all political expenditures made before the effective date of the campaign treasurer appointment.
(e) This section does not apply to an out-of-state political committee unless the committee is subject to Chapter 252 under Section 251.005.
(f) A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

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