Various Sources
The "McAllen Anti-Corruption Act" (Article 19) is dead.
A Hidalgo County judge ruled that the voter-approved cap on campaign contributions ($500) violated the First Amendment. The court cited federal precedents stating that donation limits cannot be set "too low" because it hinders political speech.
It was passed by the city commission and adopted on January 27, 2025. It was at issue in a lawsuit under Cause No. CL-25-5597- B; Efren Barajas v. City of McAllen; In the County Court at Law No. 2 of Hidalgo County, where a judge ruled that it was unconstitutional, void, and of no force and effect because it violates the First Amendment of the United States Constitution, must be repealed, and should
not be enforced by the City of McAllen, its officers, agents, employees, or any persons acting on its behalf;
On Tuesday, the McAllen City Commission voted unanimously to pass a "Minute Order" officially repealing it.
City Attorney Isaac Tawil explained that this was a "ministerial duty" meaning the Commission had no choice but to follow the Judge's order.
Likewise, the Brownsville City Commission passed an amendment to the Municipal Campaign Finance Code in August 2024, establishing strict contribution limits for mayoral and commission candidates.
The ordinance caps individual donations at $2,500 and Political Action Committees (PACs)/companies at per two-year cycle, alongside a $100 cash limit.
The Brownsville ordinance has never ben challenged in court. At the time it was passed, its opponents said it might work to influence the outcome of future elections in favor of wealthy candidates, but it passed anyway.
Key Aspects of the Brownsville Ordinance:
Contribution Limits: $1,000 per person and $2,500 per PAC/company per two-year cycle.
Cash Limit: Contributions are limited to $100 in cash.
Prohibitions: Funds cannot be received from litigants with cases against the city seeking $50,000
or more, or from contractors from the time of solicitation until 180 days after a contract is awarded.
Restrictions: City employees are restricted from soliciting funds unless they are off the clock.
Penalties: Violations may lead to civil and criminal penalties, with a potential $500 to $1,000 in fines.
According to its advocates, the measure passed with a 5-2 vote in late August 2024, aimed at increasing transparency in local elections.
Cash Limit: Contributions are limited to $100 in cash.
Prohibitions: Funds cannot be received from litigants with cases against the city seeking $50,000
or more, or from contractors from the time of solicitation until 180 days after a contract is awarded.
Restrictions: City employees are restricted from soliciting funds unless they are off the clock.
Penalties: Violations may lead to civil and criminal penalties, with a potential $500 to $1,000 in fines.
According to its advocates, the measure passed with a 5-2 vote in late August 2024, aimed at increasing transparency in local elections.
Is Brownsville next on the court docket, or will it continue this unconstitutional practice before they are dragged into litigation?
4 comments:
McAllen's mayor Javier Villalobos, a Republican, led the push against this ordinance a year ago. This plaintiff Barajas is a pal of the mayor and even has an office in the same building housing the Villalobos law firm. Not a good sight for the mayor.
Candidates need the Big Cash.
No secret there.
That's why they suck.
Fuck Citizens United! Corporations are not people, humans, or persons.
Citizens United ruling by SCOTUS open the floodgates for the current status quo. Politicians work for the highest bidder instead of voters. Everyone has a price.
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