A new lawsuit targets the Texas Ethics Commission (TEC), accusing it of targeting a conservative grassroots organization, Liberty in Action Network (LIA), based in Kerr County. This battle highlights yet another instance of governmental overreach threatening the voice of liberty-minded Texans.
LIA, co-founded by activist Terri Hall, asserts that the TEC improperly wields a burdensome part of the Texas Election Code to suppress dissent. The controversy stems from a voter guide the group issued before the 2024 Kerrville local elections, endorsing candidates like Roman Garcia for Mayor and Barbara Dewell Ferguson for City Council. The guide’s alleged infraction? It failed to include “for” between candidates’ names and the office they sought, which the TEC claims violates Section 255.006 of the Texas Election Code.
This technicality was seized upon by rival organization Kerrville Forward PAC, prompting the TEC to launch an aggressive campaign against LIA. If adjudged in violation, LIA could face severe penalties, including a Class A Misdemeanor, entailing up to $4,000 in fines and one year in jail.
In an effort to defend their free speech rights, LIA retaliated by filing a lawsuit against the TEC in the U.S. District Court for the Western District of Texas’ Austin Division. They seek an injunction to prevent enforcement of Section 255.006 and stop the TEC’s “sworn complaint” process from targeting their future voter guides.
Terri Hall expressed astonishment at the TEC’s actions, criticizing the agency for focusing on such a minor issue. Hall stated, “Since we’re not candidates, we fail to see how this applies to us at all. But it certainly illustrates the problem we have at TEC, and how they’re getting worse if they continue to go unchallenged. We certainly didn’t welcome this fight, but we felt compelled to go beyond begging for forgiveness and cut to the heart of the matter. These rules amount to an unconstitutional restriction of political speech. We hope the court intervenes to prevent more overreach by this agency.”
Tony McDonald, the attorney representing LIA, highlighted the absurdity of the TEC’s enforcement on social media, saying, “Liberty in Action is under the gun under an insane state law that says you can’t mention the name of a non-incumbent challenger in proximity to the office they are running for without also using the word ‘for.’ Seriously.”
McDonald further exposed a pattern of questionable actions by the TEC. He cited a recent case in which the TEC fined an elderly Houston woman $17,500 merely because she couldn’t attend a closed-door hearing in Austin and had mistakenly reported $3,500 in political expenses.
This lawsuit against the TEC isn’t LIA’s first battle this election season. In April, the organization and Hall and Kerrville resident Rachel Vickers sued the city of Kerrville over an ordinance designed to restrict canvassers, peddlers, and solicitors. The ordinance is viewed by many as a deliberate attempt to halt grassroots opposition by limiting avenues for political and religious speech, especially by curtailing who can perform door-to-door canvassing and when they can do it.
The May 4th local election saw Joe Herring Jr. win the mayoral race against Roman Garcia, and incumbent Councilwoman Brenda Hughes retain her seat, defeating Barbara Dewell Ferguson.
These incidents underscore a deeper struggle for freedom of expression in Texas, where conservative voices must remain vigilant against overreaching state agencies and local authorities aimed at stifling political discourse.
