We’re Fighting for McAllen — Not the Big Donors!
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BE IT ORDAINED BY THE VOTERS OF THE CITY OF MCALLEN:
The Charter of McAllen is hereby amended, to add new ARTICLES numbered 19 and 20 and entitled “McAllen Anti-Corruption Act” and “McAllen Direct Democracy Act,” respectively, and to read as follows:
ARTICLE No. 19
MCALLEN ANTI-CORRUPTION ACT
Section No. 1. DECLARATION OF POLICY AND LEGISLATIVE FINDINGS:- The name of this Article is the McAllen Anti-Corruption Act. The proper operation of a representative democracy requires that elected public officials exercise independent judgment, act impartially, and remain responsible to the people. The city election process should be protected from potential undue influence by individuals and groups making large contributions to the election campaigns of candidates for Mayor and Board of Commissioners. The city election process and city government should be protected from even an appearance of undue influence by individuals or groups contributing to candidates for Mayor and Board of Commissioners. The public should have justified confidence in the integrity of its government. Limitations on contributions of money, services, and materials by individuals or groups to candidates for city office will promote public confidence. Enactment of this Article is an appropriate exercise of McAllen’s authority as a home rule municipality under Texas law, and the benefits of this Article will include a more efficient, less costly election process and a more responsive, effective city government. This Article is enacted based on these findings, in furtherance of these policies, and is a narrowly tailored remedy to address the compelling governmental interests of preventing corruption or the appearance of corruption, preserving the individual citizen’s confidence in government, and ensuring the integrity of the city’s election system.
SECTION No. 2. CAMPAIGN CONTRIBUTION LIMITS: - No candidate for Mayor or Board of Commissioners, or their respective campaign committees, shall accept campaign contributions in excess of $500 per contributor per election from any person or political action committee. The amount of the contribution limit shall be modified each year with the adoption of the city budget to increase or decrease in accordance with the most recent Consumer Price Index, as published by the Bureau of Labor Statistics. The most recently published Consumer Price Index in January 2025 shall be used as a base of 100 and the adjustment thereafter will be to the nearest $25.
SECTION No. 3. COORDINATED EXPENDITURES: - Any campaign expenditure supporting the election of a candidate or opposing the election of an opponent made with the prior consent of the candidate or their committee, or with cooperation or strategic communication between the candidate or their committee and the person making the expenditure, is considered a campaign contribution and is subject to the limitations of this ordinance.
SECTION No. 4. RESPONSIBILITY OF CANDIDATE TO PREVENT VIOLATIONS: -The candidate, or their committee, shall determine whether accepting each campaign contribution would violate this Article before accepting the campaign contribution. If the candidate is unable to prevent a violation before accepting the campaign contribution, the candidate must return funds that exceed the above limits on campaign contributions within 45 days of receiving the campaign contribution, which is considered the date the cash donation was accepted or when the electronic deposit, check or money order was deposited into a bank account or cashed. A candidate who violates this section commits a Class C misdemeanor punishable by fine under the McAllen City Code. Each contribution in violation of this Article constitutes a separate offense.
SECTION No. 5. AMENDMENTS TO CODE OF ORDINANCES. The City Manager and Board of Commissioners shall take prompt action to ensure that the City’s Code of Ordinances is amended to avoid conflict with any of provisions of this Article.
SECTION No. 6. INFORMATIONAL MATERIALS. The City Secretary shall publish educational materials concerning the provisions of this Article and make them available to candidates for office and the general public.
ARTICLE No. 20
MCALLEN DIRECT DEMOCRACY ACT
Section No. 1. TITLE. The name of this Article is the McAllen Direct Democracy Act.
Section No. 2. POWER OF INITIATIVE: - The people of McAllen reserve the power of direct legislation by initiative, and in the exercise of such power may propose any ordinance, not in conflict with this Charter, the state constitution, or the state laws except an ordinance appropriating money or authorizing the levy of taxes. Any initiated ordinance may be submitted to the Board of Commissioners by a petition signed by qualified voters of McAllen equal in number to the number signatures required by state law to initiate an amendment to this Charter.
Section No. 3. POWER OF REFERENDUM: - The people reserve the power to approve or reject at the polls any legislation enacted by the Board of Commissioners which is subject to the initiative process under this Charter, except an ordinance which is enacted for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency, and which is adopted by the favorable votes of five or more of the Board of Commissioners. Within 60 days of the effective date of any ordinance which is subject to referendum, a petition signed by qualified voters of McAllen equal in number to the number of signatures required by state law to initiate an amendment to this Charter may be filed with the city secretary requesting that any such ordinance be either repealed or submitted to a vote of the people. When such a petition has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless it is approved by the voters as herein provided.
Section No. 4. FORM AND VALIDATION OF A PETITION: - A petition under Section 2 or Section 3 of this Article is subject to the requirements prescribed by state law to initiate an amendment to this Charter and shall be in the form and validated in the manner prescribed by state law for a petition to initiate an amendment to this Charter.
Section No. 5. BOARD OF COMMISSIONERS CONSIDERATION AND SUBMISSION TO VOTERS: - When the Board of Commissioners receives an authorized initiative petition certified by the city secretary to be sufficient, within 15 days after the date of the certification to the council the Commission shall either: (a) pass the initiated ordinance without amendment; or (b) order an election and submit said initiated ordinance without amendment to a vote of the qualified voters of McAllen at an election to be held on the next allowable election date authorized by state law after the certification to the Commission.
When the Board of Commissioners receives an authorized referendum petition certified by the city secretary to be sufficient, the Commission shall reconsider the referred ordinance, and if upon such reconsideration such ordinance is not repealed, it shall be submitted to the voters at an election to be held on the next allowable election date authorized by state law after the date of the certification to the Commission.
Section No. 6. BALLOT FORM AND RESULTS OF ELECTION: - The ballot used in voting upon an initiated or referred ordinance shall state the caption of the ordinance and below the caption shall set forth on separate lines the words, “For the Ordinance” and “Against the Ordinance.”
Any number of ordinances may be voted on at the same election in accordance with the provisions of this article. If a majority of the votes cast is in favor of a submitted ordinance, it shall thereupon be effective as an ordinance of the city. An ordinance so adopted may be repealed or amended at any time after the expiration of two years by a favorable vote of at least five members of the Board of Commissioners. A referred ordinance which is not approved by a majority of votes cast shall be deemed thereupon repealed.
Section No. 7. POWER OF RECALL: - The people of McAllen reserve the power to recall any member of the Board of Commissioners and may exercise such power by filing with the city secretary a petition, signed by qualified voters of the territory from which the Commissioner is elected, equal in number to at least 10 percent of the qualified voters of the territory from which the Commissioner is elected, demanding the removal of a Commissioner. The petition shall be signed and verified in the manner required for an initiative petition, shall contain a general statement of the grounds for which removal is sought, and one of the signers of each petition paper shall make an affidavit that the statements therein made are true.
Section No. 8. RECALL ELECTION: - Within 20 days after a recall election is filed, the city secretary shall examine the same. The provisions regulating the form and validation of initiative petitions shall apply to recall petitions. If the petition is certified by the city secretary to be sufficient and the Commissioner whose removal is sought does not resign within five days after the certification to the Commission, the Commission shall order and hold a recall election in the territory from which the Commissioner is elected on the first authorized election date that allows sufficient time to comply with other requirements of law.
Section No. 9. RECALL BALLOT: - Ballots used at recall elections shall conform to the following requirements: (1) with respect to each person whose removal is sought, the question shall be submitted, “Shall (name of Commissioner) be removed from the office of (City Commissioner or Mayor)?” (2) Immediately below each such question there shall be printed the two following propositions, one above the other, in the order indicated: “For the recall of (name of Commissioner).” “Against the recall of (name of Commissioner).”
Section No. 10. RESULTS OF RECALL ELECTION: - If a majority of the votes cast at a recall election shall be against the removal of the Commissioner named on the ballot, the Commissioner shall continue in office. If the majority of the votes cast at such election be for the removal of the Commissioner named on the ballot, the Commission shall immediately declare that Commissioner’s office vacant and such vacancy shall be filled in accordance with the provisions of this Charter for the filling of vacancies. A Commissioner thus removed shall not be a candidate to succeed themself in an election called to fill the vacancy thereby created.
Section No. 11. LIMITATION ON RECALL: - No recall petition shall be filed against a Commissioner within six months after they take office, and no Commissioner shall be subject to more than one recall election during a term in office.
Election Information
Early voting begins October 21 and continues until November 1
Election Day is November 5, 2024
Frequently asked questions
What are these ballot measures?
Proposition A will amend the City Charter of McAllen to create campaign finance rules that cap political donations at $500 per donor, per election.
Proposition B will allow McAllen voters to utilize petition campaigns to adopt new policies, overrule City Commission decisions, and recall elected officials.
Why do you want to limit campaign contributions?
The McAllen city government is not responsive to the people. There's a small number of donors who give our City Commissioners and Mayor donations of $5,000 or $10,000 at a time. This makes it very unlikely that elected officials will listen to ordinary voters, who can't afford to pay for access. Our goal is to promote democracy, and reduce corruption, by reducing the influence of wealthy donors, and giving the people of McAllen more power.
What is a referendum?
A referendum is when voters sign a petition to reverse a decision by the City Commissioners. If you gather enough signatures regarding a City Commission vote, the voters get a chance to affirm or overrule that vote at the next election. A referendum helps hold City officials accountable — they know that if they go too far, the voters can overrule them.
Why are all these things together in the same petition?
Short answer: democracy. Each of these measures—a $500 contribution limit, initiative, referendum, and recall—makes sure that elected officials are accountable to the people, overall, and not just special interests. Many Texas cities already have all of these policies. For some reason, when McAllen was created as a city, the people in power didn't allow voters to have direct democracy rights. We are going to change that.
Why is campaign finance reform a good idea?
We don't want wealthy corporations buying our local representatives. Right now, a small number of developers and lawyers decide who is our Mayor and who is on the City Commission. They give contributions of $1,000, $5,000, even $10,000 at a time. This makes it so regular people can't get heard. This petition would create a new rule — $500 is the maximum contribution. This will make it harder for corporate donors to buy our officials. And it will make it more likely that young people and other people from our community can run for office.
What is an initiative?
An initiative is when voters sign a petition to pass a new local policy. In Texas, many cities have this power for voters, but McAllen does not. This petition will change that. Once this measure passes, if a McAllen voter has a good idea for City policy, they can create a petition, gather signatures, and if they get enough, they can place the policy on the ballot. This is direct democracy.
What is a recall?
A recall is when voters sign a petition to remove an elected official. If voters gather enough signatures on a recall petition, at the next election voters will have the opportunity to remove that individual from elected office.
Can I help the campaign?
Yes! We'd love your help. This will take many hands to make real. You can share this page with anyone you know. And if you'd like to get more involved, please fill out the volunteer form above. Email karen@groundgametexas.org for more information.
Are there any cities around here that have the initiative power?
Yes! For example, the City of Edinburg last year passed a “Living Wage” policy to make sure city workers get paid at least $15 per hour. That happened because there was a petition campaign that used the power of the initiative.
Can I help this campaign financially?
Great question! We rely on the support of individual donors to pay for our voter contact efforts, including door-knocking, volunteer recruitment, campaign literature and more. We'd greatly appreciate any donation. Please use this link to support the campaign!