An Austin judge set a post-election trial date for the Texas Association of Business, which is accused of illegal electioneering in two dozen 2002 legislative races. The timing could have an effect in this year's elections, as almost a dozen candidates have their names on this year's ballots and also in the indictments.
The case, winding through the courts for the last six years, is over TAB's efforts on behalf of Republican legislative candidates that year. The business group's political action committee issued a slew of mailings touting those candidates and/or criticizing their opponents, and they used corporate money doing so. TAB's lawyers say the advertising was legal "educational material" that didn't direct voters what to do with the information. Prosecutors contend the adverts were intended to influence the election and, because corporate money was used, were illegal.
It's hard to tell whether that's good or bad news for the candidates whose names have been linked — directly or indirectly — to the case. But some of their opponents are already teeing up on the names listed in the latest version of the indictment. None are charged — they're just listed, by name, as the candidates TAB was assisting in that election six year ago. Still, that's enough content for political mail.
The first such shot is from Democrat Ernie Casbeer of Oglesby, who's challenging Rep. Sid Miller, R-Stephenville. Miller's one of the candidates who benefitted from (but like the others, isn't accused of coordinating his efforts with) TAB. Here's the headline on a recent press release from the Democrat's camp: "Sid Miller Named In Criminal Indictment For Illegal Campaign Cash." We haven't seen other mailers, but there are several current officeholders in the list of 24 candidates TAB helped in 2002: Reps. Betty Brown of Terrell, Mike Hamilton of Mauriceville, Dan Flynn of Van, Bryan Hughes of Mineola, Byron Cook of Corsicana, Miller, Wayne Christian of Center, Larry Taylor of Friendswood, Rick Hardcastle of Vernon, Bill Zedler of Arlington, and Sen. Bob Deuell of Greenville (who's not on the ballot this year). The rest of the candidates on the list have either left the Legislature or never got in.
That trial is tentatively set for November 10, a date that takes the court out of the election cycle while leaving the issue right in the middle of it. While there won't be a trial to muddy the campaign season, there won't be a verdict that could possibly clear (or sink) everyone involved before voters do their business.
