WASHINGTON — Election lawyer Trey Traynor recently reposted a photo featuring a campaign sign that his wife, Lucy Traynor, shared on X. Sen. Ted Cruz (R-Texas)on display outside a home near Austin.
The post raised some eyebrows, given that Traynor served on the Federal Election Commission, the government agency responsible for enforcing campaign finance rules.
Cruz is the subject of a high-profile complaint filed with the FEC over more than $630,000 in advertising revenue that flowed from the senator's podcast to a super PAC supporting his reelection bid.
While publicly expressing support for Mr. Cruz is not against the law, it could invite bias from government regulators, campaign finance lawyer Brett Kappel said.
Kappel said the rules were overhauled in 2011, removing prohibitions on FEC commissioners from engaging in political activities such as posting campaign signs.
“Many people would think that would be against the spirit of a nonpartisan organization, but it is not a violation of the Hatch Act,” Kappel said, referring to the law that prohibits certain political activities by federal employees. “This does not violate the current code of ethics for FEC commissioners.”
In response to questions about the yard signs and whether Trainor would decline to press charges against Mr. Cruz, an FEC representative said Tuesday that Trainor “will have no comment.”
The scrutiny of Mr. Cruz's podcast and its financial arrangements comes as the senator is seeking a third six-year term in what could be the most expensive race in the country.
Mr. Cruz, who is running against Rep. Colin Allred (D-Dallas), has warned supporters that he will be a top target for national Democrats and large spending by outside groups.
Texas hasn't sent a Democrat to the Senate in more than 30 years, but in 2018 Cruz narrowly defeated former Rep. Beto O'Rourke, who outspent him by a wide margin and lost by 2.6 percentage points. It encouraged the party.
According to its website, Truth and Courage PAC is dedicated to Cruz's re-election and has raised more than $630,000 from iHeart Media, which distributes the podcast “The Ted Cruz Verdict.”
Rachel Nelson, a spokeswoman for iHeart subsidiary Premiere Networks, said these payments are related to the podcast's advertising revenue. She said Tuesday that the podcast is “owned” by Truth and Courage, which did not respond to an emailed request for comment.
Mr. Cruz and Mr. Eihart have publicly explained why the senator is not paid for his podcast appearances, but the ad dollars are going to a super PAC supporting the senator's re-election bid. He said there was no one involved.
Last month, the Election Legal Center asked the Senate Ethics Committee to investigate whether directing advertising revenue to super PACs violates a ban on senators accepting honoraria in exchange for speaking appearances.
The group had previously raised concerns with the committee after Mr. Cruz announced a partnership with iHeart, the largest syndicator of U.S. radio programs, in late 2022.
The group questioned whether iHeart's offering of free podcast production and marketing services violated the letter and spirit of the law restricting gifts to senators by lobbyists.
At the time, the Ethics Committee determined that Cruz “did not violate federal law, Senate rules, or standards of conduct.”
After learning about Truth and Courage's advertising revenue arrangement, the Campaign Legal Center calls for a new Ethics Commission investigation and joins End Citizens United, another advocacy group focused on campaign finance issues. and filed an FEC complaint.
The groups suggested the arrangement violated prohibitions against federal candidates soliciting or directing donations from corporations or contributions to super PACs above certain limits.
The FEC has six members, appointed by the president and confirmed by the Senate, with no more than three members belonging to the same political party. The structure is intended to make the agency as bipartisan as possible, with formal actions requiring the support of at least four commissioners.
Previously, the FEC had regulations restricting the political activities of all employees, including commissioners, that went beyond the Hatch Act prohibitions.
However, the commission lifted these restrictions in 2011 after being informed by the U.S. Office of Special Counsel, which enforces the Hatch Act, that the revised law would no longer give the FEC legal authority to go beyond the requirements of the statute. .
Commissioners are subject to standards of ethical conduct that apply to all federal employees, with an emphasis on avoiding financial conflicts of interest.
Many of the commissioners come from the world of campaign finance law and have often held partisan roles, making it complicated to determine when it is appropriate to withdraw.
The current FEC chairman, Republican Sean Cooksey, made two donations totaling $300 to Cruz's campaign in December 2017. He then served as Deputy Chief Counsel under Mr. Cruz from January to December 2018.
“After consulting with the agency's career ethics officials, I have no need to, nor do I intend to, recuse myself from any issues related to Senator Cruz,” Cooksey said in response to emailed questions. announced.
Mr. Trainor made three contributions totaling $325 to Mr. Cruz's Senate campaign in 2013.
He has served as General Counsel to the Texas Secretary of State and Counsel to the Texas House Committee on Regulated Industries. He also served as a representative for the Republican Party of Texas.
When former President Donald Trump appointed Mr. Trainor to the FEC, he encountered resistance from watchdog groups concerned about his skepticism about campaign finance regulations.
The Senate confirmed him to the FEC in 2020. At the time, Cruz said he met Trainor about 20 years ago and praised his commitment to the rule of law and his understanding of election law. He described the trainer as “a man of great character and experience.”
Mr. Kappel said that if the trainer sided with Mr. Cruz on the podcast allegations, he could be subject to bias questions through yard signs.
“Having people register to campaign in his front lawn raises certain questions. Reasonable people might wonder if it's an honest decision or a partisan decision. No,” Kappel said.
