1 Tex. Admin. Code § 18.10 - [Effective 7/3/2025] Guidelines for Substantial Compliance for a Corrected/Amended 8-day Pre-election Report
(a) A
corrected/amended 8-day pre-election report substantially complies with the
applicable law and will not be assessed a late fine under §
18.9 of this title (relating to
Corrected/Amended Reports) if:
(1) The
original report was filed in good faith and the corrected/amended report was
filed not later than the 14th business day after the date the filer learned of
the errors or omissions; and
(2)
The only corrections/amendments needed were to correct the following types of
errors or omissions:
(A) a technical,
clerical, or de minimis error, including a typographical
error, that is not misleading and does not substantially affect
disclosure;
(B) an error in or
omission of information that is solely required for the commission's
administrative purposes, including a report type or filer identification
number;
(C) an error that is minor
in context and that, upon correction/amendment, does not result in changed
monetary amounts or activity disclosed, including a descriptive change or a
change to the period covered by the report;
(D) one or more errors in disclosing
contributions that, in total:
(i) do not
exceed $7,500; or
(ii) do not
exceed the lesser of 10% of the total contributions on the corrected/amended
report or $20,000;
(E)
one or more errors in disclosing expenditures that, in total:
(i) do not exceed $7,500; or
(ii) do not exceed the lesser of 10% of the
total expenditures on the corrected/amended report or $20,000;
(F) one or more errors in
disclosing loans that, in total:
(i) do not
exceed $7,500; or
(ii) do not
exceed the lesser of 10% of the amount originally disclosed or $20,000;
or
(G) an error in the
amount of total contributions maintained that:
(i) does not exceed $7,500; or
(ii) does not exceed the lesser of 10% of the
amount originally disclosed or $20,000.
(H) The only correction/amendment by a
candidate or officeholder was to add to or delete from the outstanding loans
total an amount of loans made from personal funds;
(I) The only correction/amendment by a
political committee was to add the name of each candidate supported or opposed
by the committee, when each name was originally disclosed on the appropriate
schedule for disclosing political expenditures;
(J) The only correction/amendment was to
disclose the actual amount of a contribution or expenditure, when:
(i) the amount originally disclosed was an
overestimation;
(ii) the difference
between the originally disclosed amount and the actual amount did not vary by
more than the greater of $7,500 or 10%; and
(iii) the original report clearly included an
explanation of the estimated amount disclosed and the filer's intention to file
a correction/amendment as soon as the actual amount was known; or
(K) The only correction/amendment
was to delete a duplicate entry.
(b) If a corrected/amended 8-day pre-election
report does not meet the substantial complies criteria under subsection (a) of
this section the executive director shall determine whether there is reason to
believe the report was originally filed in bad-faith, with the purpose of
evading disclosure, or otherwise substantially defeated the purpose of
disclosure and therefore was filed as of the date of correction.
(c) A filer may seek a waiver or reduction of
a civil penalty assessed under this subsection as provided for by this chapter.
(d) In this section, "8-day
pre-election report" means a report due eight days before an election filed in
accordance with the requirements of §20.213(d), 20.325(e), or 20.425(d) of
this title (relating to a candidate, a specific-purpose committee, or a
general-purpose committee, respectively) and §
254.064(c),
254.124(c),
or
254.154(c)
of the Election Code (relating to a
candidate, a specific-purpose committee, or a general-purpose committee,
respectively).
Notes
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