Former House District 37 candidate fined $10K for campaign finance violation

Ruben Cortez Jr.

The Texas Ethics Commission has fined Ruben Cortez Jr., a former State Board of Education member and unsuccessful Democratic candidate for Texas House District 37, $10,000 for failing to report more than $12,000 in campaign contributions.

The TEC held a hearing on June 18 for Cortez, who did not appear or respond to numerous attempts to get him to confirm acknowledgement of two separate sworn complaints.

The first complaint involved the campaign contributions and the second — for which there was insufficient evidence — involved a Facebook advertisement.

The first complaint alleged he did not properly disclose total contributions maintained in violation of Texas Election Code for campaign finance reports filed between May 16, 2022 and Aug. 2, 2023. The second complaint regarded special session reports due by Aug. 14, 2023, Dec. 7, 2023 and Jan. 4 in violation of Texas Election Code, and that he didn’t disclose in his January 2024 semiannual campaign finance report political contributions or expenditures for political advertising on Facebook.

Cortez lost to Brownsville attorney Jonathan Gracia in the Democratic March 28 runoff for Texas House District 37.

The first complaint alleged that basic accounting and reconciliation on campaign finance reports filed between May 16, 2022 and Aug. 2, 2023, showed Cortez failed to properly disclose total political contributions maintained and did not properly account for his political activity.

A review of those campaign finance reports found a $12,083.25 discrepancy.

When the reports were added up for the time period the total of campaign contributions was $72,778.58.

“Then, by subtracting from that amount the total amount of political expenditures made from political contributions during the reporting periods ($60,581.23), the estimated ending balance of total political contributions maintained as of June 30, 2023 is $12,197.35. The respondent disclosed only $114.10, which is a discrepancy of $12,083.25,” the TEC order stated.

That $114.10 is reported political contributions in the July 2023 semiannual report, which was filed late on Aug. 2, 2023.

“Based on the face of the respondent’s campaign finance reports, there is credible evidence that the respondent did not properly disclose total political contributions maintained, or in the alternative, the respondent did not properly disclose political contributions, loans, and/or political expenditures,” the TEC order stated.

The other complaint alleged that Cortez did not disclose in his January 2024 semiannual campaign finance report political spending on Facebook.

“The complaint included a screenshot of the Meta Ads confirmation page showing that the Facebook ad started running on December 13, 2023,” the TEC order stated. “The complaint noted that the respondent’s January 2024 semiannual report did not disclose any political expenditures or in-kind contributions that directly correspond to the Facebook ads.”

Cortez, however, did not respond to the complaint and the TEC found that “there is insufficient evidence to determine when the amount of the expenditure for the Facebook ad was readily determinable and required to be disclosed.”

Cortez had disclosed in his 30-day pre-election report on Feb. 5 that he spent $100 on a political advertisement to Facebook on Jan. 2.

Cortez also failed to respond to the other complaint as well. That complaint was filed on Nov. 22, 2023 and on Nov. 27, 2023, the TEC contacted him by telephone and notified him of the complaint. Cortez confirmed his mailing and email addresses and requested the complaint be sent by physical mail so the TEC mailed the notices to Cortez’s home.

United States Postal Service records indicate that the notice letter was unclaimed and returned to the TEC.

On Dec. 20, 2023, TEC staff sent a follow-up email with a copy of the notice and asking Cortez to confirm receipt.

“The respondent did not respond,” the TEC order states.

TEC staff then called and left a voicemail asking for confirmation.

“The respondent did not respond,” the TEC order stated.

In January, more attempts to get Cortez to respond went unanswered, including a letter, voicemail and email.

“The respondent did not respond,” the TEC order stated.

This continued in February and March. And throughout May, the TEC sent notices for Cortez to appear either in person or remotely at the June 18 hearing.

“The respondent did not respond to the notices,” the TEC order stated.

At that hearing, the TEC ordered Cortez to pay a $10,000 civil penalty within 30 days of the order. If Cortez doesn’t pay in 30 days, the civil penalty will be referred to the Attorney General for collection.

The post Former House District 37 candidate fined $10K for campaign finance violation appeared first on MyRGV.com.