EAO 046

If a registrant makes expenditures to sponsor a reception for a legislator, they are to be reported under chapter 305 of the Government Code, not title 15 of the Election Code, if a purpose of the reception is to communicate with the legislator to influence legislation and if the expenditures are of a type required to be reported under chapter 305. If the registrant is not making the expenditures for the reception to influence legislative action or if the expenditures are not of the type required to be reported under chapter 305, the expenditures must be reported as political contributions if they meet either the definition of “officeholder contribution” or “campaign contribution” in title 15. If a registrant purchases his own ticket to attend a political fundraiser, the candidate or political committee receiving the payment must report the payment under title 15. If a registrant purchases a ticket for a legislator to communicate with the legislator to influence legislation, the registrant must report the expenditure under chapter 305 of the Government Code. If a registrant pays the costs of a political fundraiser and has both the intent to communicate with one or more members of the legislative branch to influence legislation and also the intent that the expenditures be used in connection with a campaign, the registrant should report the expenditures under the lobby statute. A candidate for the legislature is a “member of the legislative branch” for purposes of chapter 305 of the Government Code. A cash campaign contribution that is delivered personally must be reported by the recipient under title 15, not by the donor under chapter 305 of the Government Code.