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A Texas appeals court upheld a nearly decade-old fine by the state ethics agency against former Empower Texans CEO and conservative activist Michael Quinn Sullivan for failing to register as a lobbyist.
The ruling reaffirmed the agency’s authority to enforce election laws, which Sullivan had called into question in the suit, claiming it violated the separation of powers principle because it's a legislatively appointed office with executive power to discipline. Sullivan has filed a motion for rehearing.
A second Texas appeals court in El Paso in an October ruling also rejected Sullivan's arguments and upheld the constitutionality of the office.
"The Commission is pleased that a second Texas appellate court has now reaffirmed the constitutionality of the Commission’s enforcement powers, as provided by the Legislature and state law," said Eric Nichols, an outside attorney who represented the ethics commission in court.
Sullivan, who is the publisher of Texas Scorecard, a hardline conservative blog, had registered as a lobbyist from 2001 to 2009 but did not in 2010 and 2011. The registration fee during those years was $100.
He was later fined $10,000 by the commission after a two-year investigation spurred by a complaint from two Republican state lawmakers.
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- In Re Michael Quinn Sullivan Appeal from 459th District Court of Travis County.
- Michael Quinn Sullivan v. Texas Ethics Commission Appeal from 250th District Court of Travis County.
- Texas Ethics Commission.
- Lobbying in Texas: A Guide to Texas Law.
- Registering as lobbyist.
- Empower Texans.
- Michael Quinn Sullivan.
- Texas Administrative Code.
- Texas Government Code.
