The new year may have originally portended a tan and rested Steve Adler, who did not seek re-election to a third term as Austin mayor. But if elections law violation allegations stick, he might find himself immediately back to work fending off charges.
Local attorney and former Travis County Judge Bill Aleshire took to Twitter early this evening to announce:
"On behalf of Mackenzie Kelly & Linda Guerrero, I filed a criminal complaint against Steve Adler today because of this press conference using city ATXN staff, equipment & website endorsing [Zo] Qadri & [José] Velásquez https://austintx.new.swagit.com/videos/190448 Can’t use public funds for political advertising."
Kelly is Council member for Austin's District 6, elected in 2020. Guerrero was recently a runoff candidate for District 9, with Qadri as the victor. Velásquez won the runoff election to District 3 on the Council. The new Council and Mayor are set to be sworn-in Friday.
The Tracker obtained copies of the complaint filings to the Texas Ethics Commission and a copy of Aleshire's correspondence with Democratic Travis County Attorney Delia Garza. View them here. Aleshire also corresponded with the city regarding the complaints.
It was further noted in the complaints Adler appeared to speak well-within the no-campaigning zone outside a polling place, as Austin City Hall serves as a Travis County Elections Division Vote Center -- a Class A misdemeanor under state election law if convicted.
"I hope you will agree that no public official, Democrat or Republican, friend or foe, should be able to use public resources to endorse or oppose political candidates as Mayor Steve Adler did," Aleshire wrote in an email to Garza and staff. "If Mayor Adler’s example were to become precedent, government officials who have privileged access to TV staff, equipment, and websites could use those public resources for 'political advertising' to endorse or oppose political candidates in violation of laws intended to prevent such misuse of public resources."
The Tracker reached out to Adler but has not received a reply.
Critics of the complaints have said it's a small matter and the filings are "desperate."
ANALYSIS: Election law complaints are often considered tackle for the powers-that-be to hook somebody they don't like when they step out of line. Just reach in the tackle box, find an applicable violation, and go fishing to see if you get a nibble. Rarely can someone in the pond (Aleshire's long list of credentials notwithstanding) force the administrative hand in a substantive way. This critique goes for local and state enforcers of elections and ethics code.
Adler happens to be a strong supporter of County Attorney Garza, a former Council member under Mayor Adler and Council ally. The two have worked on many of the same social-left causes throughout their legal careers. She is unlikely to budge, especially given that Adler is no longer in office. She can safely claim there are bigger fish to fry and escape public scrutiny.
A slap on the wrist and a small fine would be a pleasant surprise here. However, this may make the case for further prosecution and an eventual lawsuit, which could yield tremendously more results. In the meantime, we'll see who nibbles.
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Updated: 10:26 a.m. 1/6/23
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