The Texas Ethics Commission and Texas Scorecard Publisher Michael Quinn Sullivan have reached a settlement agreement that will put an end to the litigation between the activist and the state agency, which has taken more than a decade to resolve.
The dispute between Sullivan and the Texas Ethics Commission dates back to 2014, when the Commission determined that Sullivan violated the Texas lobbyist registration law by engaging in paid lobbying activities without registering as a lobbyist in 2010 and 2011. At that time, Sullivan was President of Empower Texans, an advocacy organization that preceded Texas Scorecard.
The Commission imposed a $10,000 civil penalty against Sullivan for his violations of the law. In its 2014 Final Order against Sullivan, the Commission wrote, “In summary, it is apparent that Mr. Sullivan is a professional lobbyist compensated by Empower Texans and its related entities for employment activities that include direct advocacy. Advocacy is indisputably legal, but being paid to directly advocate without registering as a lobbyist is not. The communications reviewed by the Commission advocate passage or defeat of specific legislative action on behalf of a special interest group. Regardless of political orientation or message, no paid advocate who engages in direct communications with Texas legislators is above the disclosure laws of the State of Texas. The Commission’s unanimous opinion is that Mr. Sullivan is a paid lobbyist who is required to register under Texas law.”
Sullivan and his attorneys then began a years-long battle challenging the penalty, the constitutionality of the Texas lobbyist registration law, and the legal authority of the Texas Ethics Commission. Sullivan consistently lost those arguments in court, and his attempt to have his case heard by the United States Supreme Court was denied last year.
Under the terms of the settlement agreement, Sullivan agreed to dismiss his claims against the Texas Ethics Commission regarding the ownership and possession of $18,166.57 that the Commission collected from Sullivan after it placed a lien on a home Sullivan was attempting to sell. The Commission agreed to dismiss its remaining claims against Sullivan in the pending case to determine the amount of the civil penalty to be imposed on Sullivan for his violations of the lobbyist registration statute.
