1 Tex. Admin. Code § 18.10
Guidelines for Substantial Compliance for a Corrected/Amended 8-day Pre-election Report
Effective Mar 4, 202651 TexReg 1289Source Note: The provisions of this §18.10 adopted to be effective March 30, 2020, 45 TexReg 2154; amended to be effective January 7, 2024, 49 TexReg 37; amended to be effective July 3, 2025, 50 TexReg 3735; amended to be effective March 4, 2026, 51 TexReg 1289.Texas Secretary of State
(a) A corrected/amended 8-day pre-election report substantially complies with the applicable law and will not be assessed a late fine under §18.9 of this title (relating to Corrected/Amended Reports) if:
- (1) The original report was filed in good faith and the corrected/amended report was filed not later than the 14th business day after the date the filer learned of the errors or omissions; and
(2) The only corrections/amendments needed were to correct the following types of errors or omissions:
- (A) a technical, clerical, or de minimis error, including a typographical error, that is not misleading and does not substantially affect disclosure;
- (B) an error in or omission of information that is solely required for the commission's administrative purposes, including a report type or filer identification number;
- (C) an error that is minor in context and that, upon correction/amendment, does not result in changed monetary amounts or activity disclosed, including a descriptive change or a change to the period covered by the report;
(D) one or more errors in disclosing contributions that, in total:
- (i) do not exceed $7,500; or
- (ii) do not exceed the lesser of 10% of the total contributions on the corrected/amended report or $20,000;
(E) one or more errors in disclosing expenditures that, in total:
- (i) do not exceed $7,500; or
- (ii) do not exceed the lesser of 10% of the total expenditures on the corrected/amended report or $20,000;
(F) one or more errors in disclosing loans that, in total:
- (i) do not exceed $7,500; or
- (ii) do not exceed the lesser of 10% of the amount originally disclosed or $20,000; or
(G) an error in the amount of total contributions maintained that:
- (i) does not exceed $7,500; or
- (ii) does not exceed the lesser of 10% of the amount originally disclosed or $20,000.
- (H) The only correction/amendment by a candidate or officeholder was to add to or delete from the outstanding loans total an amount of loans made from personal funds;
- (I) The only correction/amendment by a political committee was to add the name of each candidate supported or opposed by the committee, when each name was originally disclosed on the appropriate schedule for disclosing political expenditures;
(J) The only correction/amendment was to disclose the actual amount of a contribution or expenditure, when:
- (i) the amount originally disclosed was an overestimation;
- (ii) the difference between the originally disclosed amount and the actual amount did not vary by more than the greater of $7,500 or 10%; and
- (iii) the original report clearly included an explanation of the estimated amount disclosed and the filer's intention to file a correction/amendment as soon as the actual amount was known; or
- (K) The only correction/amendment was to delete a duplicate entry.
- (b) If a corrected/amended 8-day pre-election report does not meet the substantial complies criteria under subsection (a) the executive director shall determine whether there is reason to believe the report was originally filed in bad-faith, with the purpose of evading disclosure, or otherwise substantially defeated the purpose of disclosure and therefore was filed as of the date of correction.
- (c) A filer may seek a waiver or reduction of a civil penalty assessed under this subsection as provided for by this chapter.
- (d) In this section, "8-day pre-election report" means a report due eight days before an election filed in accordance with the requirements of §254.064(c), 254.124(c), or 254.154(c) of the Election Code (relating to a candidate, a specific-purpose committee, or a general-purpose committee, respectively).
Source Note:The provisions of this §18.10 adopted to be effective March 30, 2020, 45 TexReg 2154; amended to be effective January 7, 2024, 49 TexReg 37; amended to be effective July 3, 2025, 50 TexReg 3735; amended to be effective March 4, 2026, 51 TexReg 1289.