Residents in some Texas counties recently received a mailing in an official looking brown envelope that said “Summons Enclosed…Open Immediately.”
Who wouldn’t open that right away if it was in their mailbox? The first line of the return address had the name of the local county and indicated it was an official summons:
*MOUSE PRINT:
Inside was a standard solicitation to make a campaign contribution to Senator Ted Cruz for his re-election campaign. And his name was also in small type on the outside of the envelope.
A spokesperson for the Federal Election Commission told the New York Times that the mailers were not illegal, as “the F.E.C.’s regulations don’t speak to how candidates may choose to word particular solicitations to potential contributors.”
However, Texas state criminal law may have been violated:
*MOUSE PRINT:
Texas Penal Code – PENAL § 32.48 – Simulating Legal Process
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, [emphasis added] complaint, judgment, or other court process with the intent to:
…
(2) cause another to:(B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(c) It is not a defense to prosecution under this section that the simulating document:
…
(2) purports to have been issued or authorized by a person or entity who did not have lawful authority to issue or authorize the document.
So, simulating a summons, even if the real sender is disclosed, is a misdemeanor in Texas.
The Texas Deceptive Trade Practices Act also prohibits the sending of a solicitation that misrepresents or implies it was sent on behalf of a governmental entity. This law is probably not applicable because it relates to commercial enterprises.
And under United States Postal Service rules, government lookalike mailings, such as using brown envelopes requesting donations for political causes, are not allowed unless the envelope has an explicit disclosure that there is no governmental connection. Misuse of a federal agency’s name or official seal is usually necessary, however.
So what does the Cruz campaign say?
“…there were a few complaints that came not to us but through the local media or twitter,” a campaign spokesperson said. “Our mail efforts have been both effective and critical to identifying and engaging our supporters, and getting them involved in our campaign efforts to keep Texas strong.”
The aide also said that the campaign “believe(s) we are in full compliance legally.”
