AUSTIN, May 11 -- Two political associates of House Majority Leader Tom DeLay (R-Tex.) asked a judge Wednesday to throw out indictments that charge them with money laundering and unlawfully accepting corporate political contributions during the 2002 Texas legislative campaign.
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Lawyers for Jim Ellis and John Colyandro, who ran DeLay-founded political action committees, argued that the felony indictments were based on an unconstitutionally vague Texas law that governs the use of corporate political contributions. State law bars businesses and labor unions from contributing money to influence campaigns. But such money may be used to establish a political committee or pay for a committee's administrative costs, such as office rent and utilities.
At issue in this case is whether spending corporate money on pollsters, consultants and phone banks falls under the definition of administrative costs and not "express advocacy" for a candidate.
"The statute is over-broad, and it's vague," said J.D. Pauerstein, an attorney for Ellis, the director of DeLay's Washington-based political action committee, Americans for a Republican Majority. During the 2002 election cycle, Ellis worked closely with Colyandro, then the executive director of Texans for a Republican Majority, also created by DeLay and based in Austin.
http://www.washingtonpost.com/wp-dyn/content/article/2005/05/11/AR2005051101813.html