Osterberg v. Peca

I withdraw my July 29, 1999 concurring opinion and substitute the following.

I agree with the Court that the Texas Election Code’s direct-campaign-expenditure disclosure requirements, with the exception of the in-concert provision, survive the Osterbergs’ specific constitutional challenges. This Court appropriately rejects the Osterbergs’ argument that the Election Code’s approach to regulation — which begins with a rule generally forbidding direct campaign expenditures but makes that rule subject to specified exceptions— is facially unconstitutional.

*57The Court also correctly concludes that…