A Texas judge has temporarily blocked Beto O’Rourke’s political organization, Powered by People, from raising or spending funds to support Democratic lawmakers who fled the state to block a GOP-backed redistricting plan. The ruling follows allegations by Texas Attorney General Ken Paxton that the group engaged in unlawful fundraising practices, including providing financial support for the lawmakers’ travel and lodging expenses.
Earlier this week, O’Rourke’s group told Hearst Newspapers it encouraged Democrats in the Texas Legislature to stage a walkout and agreed to cover per diem expenses. It continued fundraising despite an investigation by Paxton.
As the Houston Chronicle reports:
Paxton said in a statement Friday that the group was “operating a misleading financial-influence scheme.” Tarrant County Presiding Judge Megan Fahey sided with the state and set a hearing for Aug. 19 for a more permanent injunction. Fahey, a Republican, was appointed by Gov. Greg Abbott in 2019; the county went for President Donald Trump by 5 percentage points in 2024.
In response, O’Rourke filed a lawsuit against Paxton in El Paso district court, alleging that the investigation infringes on constitutional rights, including free speech and association, and disproportionately targets a liberal group while ignoring conservative ones. He accused the attorney general of political retaliation, noting that he is campaigning for U.S. Senate and has identified O’Rourke as a potential opponent.
“The state is bluntly using the vast power of the Attorney General’s Office to effectuate a fishing expedition, constitutional rights be damned,” the suit reads. “The true motivation behind defendant’s action thus appears to be an unlawful desire to retaliate against Mr. O’Rourke.”
Paxton, a third-term Republican, said in the suit that the group’s offer gave lawmakers an illegal benefit for violating a Constitutional duty and not showing up at the Capitol.
He also argues they violated Texas election law by offering political contributions for “personal use,” defined as “a use that primarily furthers individual or family purposes not connected with the performance of duties or activities as a candidate for or holder of a public office.”
Texas Election Code Section 253 defines “political contributions” and enforces limits on how contributions can be used. Contributions must either support campaign-related activities or officeholder duties.
The restriction on personal use of contributions — meaning the use of campaign or political funds for personal or family purposes unrelated to public office — is enforced through Texas Ethics Commission advisory opinions and statutory provisions. Whether O’Rourke’s group violated the law will ultimately be decided in court.
Judge Fahey’s Aug. 19 hearing will determine whether to issue a permanent injunction. Until then, the impasse in Austin continues.
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Ordinarily I would say O’Rourke is being a d**head. That is too mild a term for his current actions.