Lost in the back and forth between Democrats and Republicans is the reality that Green Party of Texas leaders could face a long, ugly future in the Texas courts.
Records made available to the public make clear that Green Party leaders – particularly Executive Director Kat Swift and Party Co-Chair Christine Morshedi – knowingly conspired with Republican political operatives to use money from a secret donor funneled through a non-profit corporation to pay for the collection of ballot petition signatures. Green Party leaders have acknowledged publicly that they did not have the money or the organizational ability to collect the ballot signatures on their own (Source: Dallas Morning News, June 6, 2010).
By entering into an alliance with partisan Republicans who oppose virtually every goal and issue position held by the Green Party, not only did Green Party leaders betray their stated values, they conspired to break the law. Further, by relying on legal counsel who are active Republican partisans, and ultimately beholden to Republican office-holders, the Green Party Leaders have left themselves highly vulnerable.
Laws Broken and Penalties
The Texas Election Code prohibits the spending of corporate money on anything except a very specific list of administrative expenses that includes only the following: “office space maintenance and repairs, telephone and Internet services, office equipment, utilities, general office and meeting supplies and the salaries for routine clerical, data entry and administrative assistance necessary for the proper administrative operation of the committee” (Source: Tex. Elec. Code §§ 253.100(a)(1) – (a)(6)).
The gathering of petition signatures and donation of completed petitions do not fall under this narrow list of allowable expenditures with corporate money. Therefore it is clear that the Green Party of Texas, its executive committee, Take Initiative America and other, yet to be discovered conspirators are criminally and civilly liable for their illegal petition scheme.
The Green Party of Texas leaders may face third degree felony charges and punishment of up to 10 years in jail and a fine of up to a million dollars. (Source: Texas Penal Code)
Green Party of Texas
The Green Party of Texas was encouraged by Republican operatives to field candidates by gathering signatures on ballot access petitions. When the Green Party itself failed to raise the funds needed, its leaders worked with Republican operatives to accept an “in-kind” donation of signatures.
The signatures were gathered by a private company and paid for by a secret donor with money funneled through a non-profit organization. Both the source of the money and the process for accepting the contribution are likely violations of law. These conversations and transactions were not disclosed to the Green Party’s general membership.
Lawyers representing Green Party leaders include former Tom DeLay legal counsel and Rick Perry ally Andy Taylor, Co-Chair of the Republican National Lawyers Association Cleta Mitchell, and former Republican State Supreme Court Justice Steven Smith.
Kat Swift, State Coordinator
It appears that Kat Swift was the point person through which the Green Party ballot/Republican money scheme was conducted. Records show that Swift encouraged using partisan Republican money to fund the ballot initiative. After first cautioning against using corporate funds, Swift reversed her position and accepted the illegal corporate contribution. In sworn testimony, Garret Mize informed the Court that Swift said that Republican money to fund a Green Party ballot petition effort “would be fine.” (Source: Mize Testimony, June 24, 2010)
Christine Morshedi, Co-Chair
As chairperson of the Green Party of Texas, Christine Morshedi was actively engaged in discussions about taking money or in-kind donations from Republicans whose explicit purpose was to harm Democratic efforts statewide. She is ultimately responsible for Green Party activities.
Morshedi has since hired Andy Taylor as her lawyer. Taylor, an assistant to John Cornyn when he served as Attorney General, is best known for serving as counsel to disgraced former Congressman Tom DeLay and his corrupt political organization, TRMPAC. Taylor was also asked by Rick Perry to interview potential Texas Supreme Court justices (See: Lone Star Project, June 16, 2010).
David Wager, Treasurer
David Wager was initially queasy about the idea of accepting corporate money. In an e-mail admitted into evidence, Wager worries that Take Initiative America, “is in fact, a corporation and they will not disclose their donors.” He continues: “We have no choice but to refuse the signatures” (Source: Mize Testimony, June 24, 2010).
Wager was eventually convinced to push ahead with the ballot drive by Republican lawyers; lawyers who are more concerned with protecting anonymous Republican donors and Republican candidates.
