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Ted Cruz's Senatorial campaign likely violated Texas law by sending a letter requesting donations disguised as a legal summons, said Texas Democratic State legislator Gene Wu, who sponsored the law in question.
The Cruz campaign confirmed to Newsweek On Sunday, he sent hundreds of thousands of expressers in envelopes designed to look like official summons.
Some voters feared that these letters would deceive their elderly relatives. "My grandmother was suffering from dementia and could easily have followed the urgent request to send money," said Sean Owen, a resident of Austin, Texas, who recently received her grandmother's mail. died. Newsweek on Sunday
"We have several friends in [Fort Worth] who received the same deceptive mail for seniors, "tweeted former Texas advisor Joel Burns.
Wu was the main sponsor of the 2015 Texas House Bill 1265, which updated the Texas Deceptive Trade Practices Act to prohibit any mail seeking a good or service intended to resemble a letter sent by an official government agency. The bill was passed unanimously in both Houses.
In a telephone interview with Newsweek On Monday, Mr. Wu said that he firmly believed that Cruz was breaking the law. "As a member of the government, I realize that there is already enough mistrust on the part of the public towards us," he said. "Whenever someone sends a letter claiming to be part of the government, it diminishes people's views and makes governance difficult."
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He said that Cruz's intention was clear. "There is only one entity capable of issuing a subpoena, and it is a court," said Wu. "This envelope looks like a government envelope, it has pre-sorted postage, clear windows and a shackle. If you look at the wording of the letter, it says "Official Appointment of Travis County", which indicates that it is a government document. Under this sentence, it says "Voter Registration Campaign Division". It looks like a government agency for me. "
Although most voters understand that the letter comes from Cruz's campaign, it encourages them to reject any subpoenas or subpoenas to the jury function they receive as spam, Wu said.
Because Cruz asks donations to the campaign but does not necessarily request a good or a service, it is not immediately clear if it is in violation of the law. Wu thinks that a jury composed of his peers should decide.
"Even if it does not violate the law, it violates the spirit of the law," Wu said. "I've never seen this type of campaign mail before, or even a legitimate organization. . That should tell you something about Ted Cruz.
To file a lawsuit against Cruz, Wu said the Texans who had received the letter should contact their attorney general. They have the right to continue the campaign even if they have not given money.
In addition, Wu alleged that Cruz's campaign could be in violation of Article 32.48 of the Criminal Code of the Constitution and laws of Texas.
The section reads as follows:
A person commits an offense if he recklessly causes the delivery to another document simulating a subpoena, complaint, judgment or other legal proceeding with the intention of: 1) causing the payment of a debt by another person; or (2) cause another: (A) submit to the putative authority of the document, or (B) take action or refrain from taking action in response to the document, according to the document, or on the basis of the document.
If violators of this law received more than $ 2,500, they could be sentenced to prison.
The Federal Elections Committee (FEC) allows such solicitations provided that the campaign includes a clear warning "which identifies the person (s) who paid for the communication". In this case, the Cruz campaign inscribes its name on the third. line of the envelope and on the letter to the inside.
"We regulate how money is collected and spent," said Christian Hill, FEC Press Officer, Newsweek. "But we would have no jurisdiction over the content of the solicitation itself or the ethical implications associated with it. Any involvement of the state would be left to local officials.
Outgoing Senator Ted Cruz finds himself in a close race with Congressman El Paso, Beto O'Rourke. Polls have candidates within four points of each other and almost in terms of cash.
The Cruz campaign did not immediately respond to requests for comment.
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