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.

Walmart in Lumberton, TX Wants to Sell Alcohol by High School – Hearing Monday 2/11/2013 6:30PM

There will be a hearing at the Lumberton City Hall in Lumberton Texas on 2/11/2013 at 6:30PM. The hearing will be to hear public comments about whether or not the city council should vote to allow Walmart to sell alcohol in Lumberton even though the Lumberton Walmart is within 300 feet, property line to property line, of the Lumberton High School.  

Welcome to Local East Texas Politics at its best. City Council Members Don Burnett and Andy Kelly promised Lumberton Residents that if alcohol sales passed there would not be any alcohol sales near our schools. Well, alcohol sales passed and who would have guessed, these City Council members who touted no alcohol sales near schools turn around and are set to vote to allow Walmart the ability to sell alcohol directly across from the Lumberton High School.

I have always been in favor of local control and people in communities getting to vote on important local issues like whether or not to allow alcohol sales within their community. When alcohol sales were passed by the voters of Lumberton in November 2012, I was completely supportive of the people getting to decide. In the past they have decided to keep alcohol sales out because they like the safe quiet city bedroom community we have, but this time they decided to have alcohol sales and voted to pass alcohol sales in the city. That is their decision so that is what Lumberton will get.

That being said, I would bet that very few people who voted for alcohol in Lumberton would approve of alcohol being sold right by the Lumberton High School. Local law prohibits alcohol sales within 300 feet, property line to property line, of a school. It doesn’t matter if the front door of the school is 800 feet to the front door of the place selling alcohol. All that matters is the 300 foot distance property line to property line. Why is property line to property line important? It is important because High School kids do not stay by the front door of the school. They walk to the edge of the property and cross roads when they get out of school, or if they decide to skip school, or after a game. They typically will also find the nearest place to congregate or hang out. When the Lumberton High School kids get out of school, the biggest most popular place for them to go is right across the street to the Walmart. This is where their friends work. This is where they wander around. This is the nearest hangout by the school.

Now do you understand why the law is 300 feet no alcohol zone property line to property line from a school and not door to door?

The TABC just busted over a dozen people selling alcohol to minors in right over in Jefferson County in 2012, including grocery stores. A couple of cities over, when Vidor passed alcohol sales a couple of years ago, within a year of alcohol sales starting, 3 different places were busted for selling alcohol to minors including a large grocery store. In the last 2 years Walmart has had nearly 2 dozen busts for selling alcohol to a minor in Texas. They act like that is a low number, but isn’t one minor getting alcohol and getting in a wreck too many? Alcohol is the LEADING killer of all youth and young people. Also, these number of busts for selling alcohol to a minor are just the ones who have been CAUGHT.

Alcohol sales at Walmart right across from the Lumberton High School will be very detrimental. It is not a matter of if, it is a matter of when. Kids will go across the street during a game or after school and get their cashier friend to sell them alcohol. The alcohol section will not be for adults only and Kids will inevitably sneak a beer into their jacket and then get out of the massive store at one of the many exits.

Why do we have local laws that do not allow alcohol sales within 300 feet property line to property line of a school if the local law is NOT enforced. What good does that law do? Also, if this variance is allowed, who gets a variance next? You cannot give Walmart a variance and not let the next guy come and build close the the high school and not grant him a variance.

Walmart is not hurting for cash. This Walmart was built and has thrived without alcohol sales and it will do no harm to Walmart to keep it from selling alcohol. On the other hand, the harm that allowing Walmart to sale alcohol close to the High School could have deadly effects. Furthermore, the city does not need Walmart to sell alcohol to help city revenues because many other places in Lumberton already sale alcohol, so if someone does not get alcohol from the Lumberton Walmart then they will still buy in Lumberton at one of the other places that sell alcohol not close to the school. The city does not lose money.

I am very disappointed that The Lumberton City Council is even considering allowing alcohol sales so close to the Lumberton High School and I hope the do the right thing choose to protect our schools over a little possible financial gain.