Austin mayoral candidate Carmen Llanes Pulido may have violated campaign finance rules by spending nearly $400 of her campaign finance contributions on clothing and beauty supplies.
The rules are used to hold candidates and officeholders accountable for how they raise money and what they are spending it on. But campaign rules are difficult to navigate, especially for people running for office for the first time. So what exactly are the rules?
According to the Texas Election Code, a person who accepts a political contribution as a candidate or officeholder may not convert the contribution to personal use.
The Texas Ethics Commission rules on ethics around state politics and has the power to enforce and penalize violators. It defines personal use as a use that primarily furthers individual or family purposes not connected with the performance of duties or activities as a candidate or officeholder.
Llanes Pulido, who leads the advocacy group Go Austin/Vamos Austin, said she thought the purchases were permissible and that they had been directly tied to her campaign. She said she planned to repay the campaign for those expenses.
“I received conflicting information, and I was poorly advised when these purchases were made,” she said. “I will reimburse the campaign, and I will apologize for the error.”
“What it comes down to is a 'but for' test. If you wouldn’t have had to spend money on this thing but for the fact that you are running for office, then typically you can do it.”Andy Cate, political attorney
There are several ways contributions can be used, like on staff salaries, meals for donors or office supplies. But beauty and clothing are not a permitted expense.
Political attorney Andy Cates said the ethics commission has issued more opinions on these types of expenses than anything else campaigns spend money on.
“What it comes down to is a 'but for' test,” he said. “If you wouldn’t have had to spend money on this thing but for the fact that you are running for office, then typically you can do it.”
In 2021, for example, the commission found a woman running for mayor in Arlington violated campaign rules by spending more than $119 in campaign contributions on hair care. In 2007, it held a state representative from Harris County violated rules by spending more than $1,500 on boots.
All the way back to 1992, the commission ruled campaign money could not be used for personal necessities like dry cleaning or other clothing-related expenses, because clothing can be worn outside campaign and official events.
The commission has ruled political contributions cannot be used for hair care or nails because a candidate or officeholder must tend to grooming regardless of whether they're campaigning or engaging in official duties.
Llanes Pulido told KUT she understood why the rules exist and takes expenditures for her campaign seriously, but the conversation about her expenses has "misogynistic overtones."
“I think there are double standards for female candidates," she said.
She said she put $20,000 of her own money toward her campaign — far more than what was used on the disputed purchases. But Cates said that doesn't matter.
He said the commission recently expanded what contributions can be used for. In 2018, for example, it ruled a candidate or officeholder could use contributions to pay child care expenses. In 2021, it found a judge could use funds to pay for home security systems and equipment.
Candidates and officeholders can also expense things like campaign swag, meals and rental cars. Contributions can even be used for Spanish lessons to communicate with constituents and in some cases event tickets.
Unlike two of her opponents for mayor — incumbent Kirk Watson and former City Council Member Kathie Tovo — Llanes Pulido is running for office for the first time. She raised more than $71,000 in campaign funds through July 15 — the third most raised among the four mayoral candidates.
Doug Greco, the former director of Central Texas Interfaith, is also running.
