Shelton refiles ethics complaint against Davis

Posted Saturday, Oct. 27, 2012 0 comments  Print Reprints
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FORT WORTH -- State Rep. Mark Shelton has refiled an ethics complaint against state Sen. Wendy Davis for "not disclosing her business relationships with state lobbyists."

The original complaint that Shelton, a Republican, filed this month was dismissed last week by the Texas Ethics Commission for not meeting "legal and technical form requirements."

Members of Shelton's campaign staff said they fixed the problem cited by the commission and resubmitted the complaint late Friday.

Davis, a Democrat, has said that she complies with Texas' ethics laws and that Shelton's claims are false.

She and Shelton are locked in battle for state Senate District 10, which she currently represents and which includes part of Fort Worth, Arlington, Mansfield, Colleyville and other areas of south and Northeast Tarrant County.

The race is one of the most-watched in Texas. Republican leaders statewide stand with Shelton in an effort to reclaim the district for the GOP, and Democrats statewide stand with Davis in her quest for another four-year term in the Texas Senate.

In 2008, in another battle for this district, Davis unseated longtime Sen. Kim Brimer, R-Arlington. If she wins again, some Democrats view her as a potential candidate for statewide office.

Shelton's complaint alleges that Davis didn't disclose that two of the three employees of her law firm lobby for "subject matter" interests that overlap committees Davis serves on.

"It is unethical for State Senator Wendy Davis to be hiding her business relationships with lobbyists," Shelton said when filing the complaint. "Especially when these same lobbyist connections are directly linked to Davis using her public office for self-enrichment through lucrative public contracts she has steered to her own law/lobby firm."

The commission dismissed the initial complaint because it did not "comply with the legal and technical form requirements for a complaint," according to a letter the commission sent to both candidates last week.

Part of the problem, according to the letter, was that each sworn complaint must include a properly completed affidavit.

"If the complaint is based on information and belief, the complaint must state the source and basis of the information and belief," the letter said. "The affidavit you provided does not state the source and basis of the information and belief."

To address the problem, Shelton's staff added nine words to the cover form: "Wendy Davis' 2010-2011 PFS AND THE ATTACHED EXHIBITS."

Davis campaign spokesman Anthony Spangler said: "Mark Shelton has filed nothing new and we expect this refiled political stunt to be rejected as well. Shelton is desperate to change the subject from his votes to take healthcare from mothers and to block DNA evidence to capture and prosecute rapists."

Workers at the Texas Ethics Commission have said the complaint process is confidential. In general, employees there said workers determine whether the complaint was filed correctly, give the person the complaint is directed against time to respond and determine whether to investigate the claim.

The full commission won't address the issue until weeks after the Nov. 6 election. Its next meeting is Nov. 29.

Anna M. Tinsley, 817-390-7610

Twitter: @annatinsley

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