| The Fort Bend County Precinct 3 constable has been accused of failing to file various campaign finance reports from 2004 to this year, and is facing a formal complaint before the Texas Ethics Commission.
Rob Cook, who faces election in 2008 and has drawn at least one opponent, acknowledged the Fort Bend County Elections Administration did not receive several of the reports he has been required to file in recent years, but said he has proof the forms were created.
“I have copies of everything. But they're not sworn to and stamped by the elections administrator as received, because my practice was to entrust certain members of my staff with my things being notarized and being put in the county mail system and being transported down there and so forth,” he said.
By law, campaign expense reports must be filed at least twice a year for elected officials in Texas, even if they have not received or spent any money during the reporting period.
Cook, who has held the office since 1988, does not have any campaign finance reports for 2005 at the Elections Administration, only one of two required forms for the year 2006 and a report for the first half of this year that was filed four months after reporting deadline.
Cook said since 2004, his campaign treasury has not spent any money and has only reported contributions of $153.70 during the first six months of 2007.
Campaign finance rules for county races in Texas are enforced by the Texas Ethics Commission, which only investigates matters brought to it in a sworn complaint. One such complaint was filed against Cook, leading to the current investigation.
A representative of the Texas Ethics Commission on Nov. 8 wrote a letter to Cook, in which she explains the commission will be examining whether Cook violated campaign finance law by failing to file reports from 2005 to 2007. However, assistant general counsel Cassandra M. Mitchell, in her letter to Cook, also said the TEC will not examine a complaint of reporting violations that allegedly happened in 2004, since the agency only has jurisdiction over reporting violations for two years.
The letter to Cook also indicates an allegation has been raising that he used “government resources in the form of a business card for your campaign,” but that will not be investigated for technical reasons.
Cook said the business card incident stems from his involvement at the Katy Area Republicans booth at the Katy Rice Harvest Festival in October. He said he gave a business card to a man who approached the booth and introduced himself and his wife, leading to the allegation Cook used government resources for campaigning.
Cook, a Republican, is being challenged in the March primary by Jesse Zamaripa. Zamaripa said he is aware of the allegations against Cook, but has been focusing his energies on his own campaign.
If the TEC determines Cook did violate election law, he could face a civil penalty that carries a fine of up to $5,000. Tim Sorrels, spokesman for the TEC, said the commission only knows about a campaign finance violation at the county level if an individual brings it to the commission's attention through a formal complaint.
Failing to turn in campaign finance reports can lead to a Class C criminal misdemeanor, the equivalent of a speeding ticket, if charges are pursued by county law enforcement officials, said Sorrels.
District Attorney John Healey said he has members of his office occasionally check campaign finance reports, which are filed at the Elections Administration department. In most instances when a candidate or public official is accused of missing a filing deadline or other campaign reporting violation, Healey said simply calling that person will result in their compliance.
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