Texas Secretary of State, Elections Division, Disclosure Filings Section:

An Inventory of Candidate Campaign Contribution and Expense Statements at the Texas State Archives, 1918-1989

Agency History

The Texas Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836, and has been continued by each succeeding Constitution.

The Secretary of State has a wide variety of duties and responsibilities, including the following: authenticating the publication of all laws passed by the state legislature; approving comptroller's accounts against the state prior to payment; maintaining a register of all official acts and proceedings of the governor, and all appointments to state boards and commissions; interpreting and enforcing the Texas Election Code, as the state's chief election officer; keeping the Seal of the State of Texas; maintaining many business-related filings, including corporation and Uniform Commercial Code filings.

The office of the Secretary of State is divided into five divisions: Executive, Elections, Statutory Filings, Administrative Services, and Information Services.

The Elections Division assists the Secretary of State in interpreting and applying the Election Code and other election laws. The Secretary of State, as Chief Election Officer of the State, has specific functions under the Election Code, which include receiving, examining, and filing the official certified returns of all general elections, special elections for members of the legislature, and constitutional amendment elections.

In 1919 the 36th Legislature, Regular Session passed Senate Bill 120, "An Act to prevent the control of Primary Elections by the use of money, and to regulate and limit the expenditure of money to promote or defeat the candidacy of persons for nomination for office in primary elections." By this law (and subsequent laws), candidates for state and district offices must file campaign contribution and expenditure statements with the Secretary of State; candidates for county office must file with the county clerk; and candidates for municipal office (and for other political subdivisions) must file with the clerk or secretary of the municipality or political subdivision. The passage of House Bill 6, 52nd Legislature, Regular Session, 1951, extended this reporting requirement to candidates in all elections, both primary and general. This law was revised by House Bill 4, 63rd Legislature, Regular Session, 1973, the "Campaign Reporting and Disclosure Act of 1973."

The Campaign Reporting and Disclosure Act of 1973 required the following things to be reported: full name and complete address of each person or entity from whom contributions in an aggregate amount of more than $50 were received, the date, and the amount; full name and complete address of each person to whom any expenditure in an aggregate amount of more than $50 were made, the date, the amount, and the purpose; full name and complete address of each person who assisted in obtaining credit or a loan of money; the total of all contributions received aggregating $50 or less; the total of all expenditures made aggregating $50 or less. (The $50 limit replaced a $10 limit established in 1973; prior to 1973, all contributions and expenditures were reportable by name and address.)

This filing was originally administered by the Enforcement Division, then (in the early 1980s) by the Campaign and Ethics Section of the Elections Division, renamed the Disclosure Filings Section by 1984. In 1992, the Texas Ethics Commission was created, and assumed the administration and enforcement of this filing. (V.T.C.A., Elections Code, Title 15, Chapter 251; also V.T.C.A., Government Code, Section 571.061)

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Scope and Contents of the Records

Types of records include lists of contributions and expenditures, designations of campaign treasurer, correspondence, and envelopes. These records comprise the campaign contribution and expense statements of candidates for state and district offices (and some voluntary filings of candidates for county and municipal offices) filed with the Texas Secretary of State's Office, dating 1918-1989. Included are accounts from primary, general, and special elections. In instances where a second primary was held, the two primaries were considered one election. Each candidate, campaign manager, or assistant campaign manager was required to keep a record of all funds received and disbursed. Time limits imposed on the filing of these records vary according to time period.

This filing was originally administered by the Enforcement Division, then (in the early 1980s) by the Campaign and Ethics Section of the Elections Division, renamed the Disclosure Filings Section by 1984. In 1992, the Texas Ethics Commission was created, and assumed the administration and enforcement of this filing.

Beginning in 1973 these statements included the following information: full name and complete address of each person from whom contributions in an aggregate amount of more than $50 were received, the date, and the amount; full name and complete address of each person or entity to whom any expenditure in an aggregate amount of more than $50 were made, the date, the amount, and the purpose; the occupations of such persons (for General Purpose Political Action Committees); full name and complete address of each person who assisted in obtaining credit or a loan of money; the total of all contributions received aggregating $50 or less; the total of all expenditures made aggregating $50 or less. (The $50 limit replaced a $10 limit established in 1973; prior to 1973, all contributions and expenditures were reportable by name and address.)

Alphabetical listings for each year are found in this finding aid for the period 1918-1947. An alphabetical card index (available through the Archives reference staff of the Texas State Archives) identifies the number assigned to each candidate from 1948-1973, although this index apparently has many missing cards prior to the mid-1960s. Another card index (also available through the Archives reference staff of the Texas State Archives) covers the period 1975-1978, and the finding aid contains notations for candidates whose files are represented in the Archives' holdings, but whose index cards are missing in this group, with a code of "(v)" when the filing is a voluntary one.

Campaign contribution and expense statements of candidates were created originally (in 1919) "to prevent the control of Primary Elections by the use of money, and to regulate and limit the expenditure of money to promote or defeat the candidacy of persons for nomination for office in primary elections." As the law was broadened, these filings helped to ensure public accountability for the campaigns of candidates, encouraging high ethical standards by means of public scrutiny of the appropriate records.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.

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Restrictions

Restrictions on Access

Because of the possibility that portions of these records fall under Public Information Act exceptions, including, but not limited to, bank account numbers, social security numbers of government employees and officials, and drivers license numbers (V.T.C.A., Government Code, Sections 552.117, 552.130, and 552.136), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.

Restrictions on Use

None.

Technical Requirements

None.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item), Candidate campaign contribution and expense statements, Disclosure Filings Section, Elections Division, Texas Secretary of State. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1947/001, 1980/230, 1980/233, 1989/063, 1989/092, 1992/011

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Secretary of State's Office on June 29, 1948 and June 13 and June 26, 1980; by the Statutory Documents Section of the Texas Secretary of State's Office on December 6, 1988; by the Elections Division on January 13, 1989; and by the Disclosure Filings Section of the Elections Division on October 3, 1991.

Processing Information

Laura K. Saegert, July 1989, August 1989

Tonia Carlisle, June 1993

Tony Black, May 2003

Other Formats for the Records

The Secretary of State's Office microfilmed campaign contribution and expenditure statements dating 1972-1991, producing 129 reels/cartridges of microfilm. This microfilm is maintained by the Texas Ethics Commission, and persons desiring access to, or possible copies of, portions of that microfilm should contact the Texas Ethics Commission. Contact information is available on the Texas Ethics Commission's website: http://www.ethics.state.tx.us/tec/contact.htm.

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Detailed Description of the Records