More than half the candidates are scofflaws
Marfa
More than half of the candidates running in local Presidio County elections for the March 3 Democratic primary have broken the law by failing to file timely campaign finance reports. Since there are no Republican candidates for most county offices (except the Republican Party County JP 2 race and the count chair), the winners of races without a Republican opponent will win the general election in November.
Failing to file state required reports has been an ongoing problem in Presidio County, with candidates in previous years claiming ignorance of the law or saying it wasn’t important. Penalties—enforced by the Texas Ethics Commission—are usually $500 plus $100 per day after missing deadlines, although the commission often will reduce penalties, and it allows a waiver for good reason with an affidavit from candidates on why they couldn’t file. The deadline for the latest semi-annual report was last Thursday, January 15.
The first, most basic, and easiest report due is appointment of a campaign treasurer, a form which takes less than five minutes to fill out. That form is required of all candidates but has been routinely ignored in Presidio County. The form also allows candidates to select “modified reporting,” meaning they won’t be responsible for filing additional contribution and expenditure reports leading up the election if they don’t intend to take in or spend more than $1,110.
Most races in Presidio County don’t even reach that level of spending—with most candidates spending a few hundred dollars on signs, stickers and buttons. But higher stakes races have gotten more expensive.
Former Precinct 4 County Commissioner David Beebe, who is running for county judge and who filed all required reports, reported expenditures of $10,998. Expenses included the usual signs and stickers along with video production, advertising, postage and hotel visits in Presidio. Contributions were $6,935. His opponent, incumbent Joe Portillo, did not file any required reports.
Beebe has been a stickler for filing reports for previous races—one of the few candidates who consistently has. Also meeting the law’s requirements for the Democrats are: Susan Hays (Precinct 4 county commissioner candidate, unopposed); Jesus “Junie” Herrera (Precinct 2 county commissioner candidate); Carolina Catano (appointed county clerk incumbent); Dina Jo Marquez (JP 1 candidate); Jesseca Murillo (JP 2 candidate) and Bianca Bailon (JP Precinct 2 candidate). Republican Amabilia “Amy” Galindo filed her treasurer’s report for the JP 2 race.
Not filing the reports were: Portillo; Margarito Hernandez (Precinct 2 county commissioner incumbent); Fernando Juárez (Precinct 2 county commissioner candidate); Brenda Pando Covos (county clerk candidate); Florcita Zubia (appointed county treasurer candidate); Jusby Vasquez (county treasurer candidate); Angel Miguel Campos (JP 2 candidate).
Portillo and Hernandez, did not respond to requests for comment. Zubia said she has been tied up with a family member’s medical treatment in El Paso and will file reports as soon as she gets back to Marfa. Murillo also said she has been dealing with a family member’s medical issues, but said she plans to file the reports. Covos said she will get reports filed by the end of this week or beginning of next week, and Campos and Vasquez said they will work to get the documents filed soon.
Democratic Party county chair candidates Irma Juárez (Democrat, unopposed) and Dan Dunlap (Republican, unopposed) are not required to file reports since that requirement is only for counties with a population of 350,000 or above.
To view the reports, the public can go to the Presidio County clerk’s office and flip through a folder of filed documents. State law requires that they be posted online, something the county in its struggles with web updates has failed to do, although the clerk, Catano, said she would get it done.
Big Bend Sentinel is reserving the option to file complaints with the Texas Ethics Commission if candidates do not timely file any required reports. One reason candidates might not take penalties seriously is that the Texas Attorney General’s Office refuses to enforce the requirements when the commission refers scofflaws, according to a 2024 story in the Texas Tribune. Attorney General Ken Paxton, who owed $11,000 in fines at the time of the story, rarely filed lawsuits to go after delinquencies. “Since Paxton took office in 2015, the ethics commission has referred 2,500 unpaid fines to the attorney general for enforcement, the Tribune found,” the story said. “During that time, Paxton’s office has filed just 175 enforcement lawsuits, or 7% of the cases referred to it.”
An obvious reason for the campaign finance laws is to allow the public to see if donors might wield undue influence over elected officials.
Anthony Gutierrez of the open government advocacy group Common Cause, told the Tribune: “Candidates are supposed to be telling Texans who they’re taking money from, what they’re spending money on.” “If any of that information is not being disclosed, it’s a big deal. It could be being kept secret for a reason.”