Kerrville-based ethics complaint over “FOR” winds its way toward Austin conference room

The never-ending battles between We The People, Liberty In Action (or Liberty In Action) will continue next month in an Austin conference room when the group tries to deflect an ethics complaint from another Kerrville-based political action group that accused it of misleading the public about candidates during May’s City Council race.

A Sept. 24 hearing in Austin will determine if Liberty in Action violated state election law by omitting the preposition “for” in campaign collateral paid for by the right-wing group in support of candidates Roman Garcia and Barbara Dewell Ferguson. The Texas Ethics Commission found the accusation credible and elected to hold a 10:30 a.m. hearing.

Working with Kerrville Forward, John Harrison filed the complaint and was notified of the hearing via mail about the hearing.

Kerrville Forward, which brought the complaint, accused Liberty In Action of implying that Garcia was a sitting mayor and Dewell Ferguson was on the City Council. According to Kerrville Forward, the omission of for was grounds for a complaint.

The only twist is that Liberty In Action is suing the Texas Ethics Commission over this enforcement action.

“The TEC gives the keys to the state’s power to political opportunists bent on harassing their opponents in the heat of a political campaign,” Liberty In Action’s lawyers wrote in a filing in federal court. “By disclaiming any discretion to decline to initiate an enforcement action, the TEC is no more than a political attack dog, unleashed by anyone able to cobble together some nitpicking complaint regarding compliance with state campaign finance disclosure and disclaimer statutes.”

Liberty In Action filed the complaint in an Austin-based federal court in May, and the group argues that the TEC enforcing state law is violating its rights.

“Due to the TEC’s investigation, LIA Network has been forced to add the term “for” in between the names of candidates it supports and the offices those candidates are seeking on its publications going forward, something it does not wish to do,” Liberty in Action wrote. “LIA Network is actively suffering a violation of its right to free speech on account of the pending investigation and the potential for further enforcement and is suffering a violation of its right to due process on account of the TEC’s constitutionally deficient enforcement process.”