When it comes to the Texas Ethics Commission, citizens are expected to settle with the agency. Those who don’t, and who protest their innocence, are punished disproportionately.

Two cases involving political advertising—Joseph Menslage’s Katy Christian Magazine and Terry Lowery’s Link Letter—highlight the glaring disparities in the TEC’s enforcement practices. Menslage of Katy Christian Magazine was hit with a $5,000 fine for allegedly offering political candidates different advertising rates. A more experienced Lowery walked away with a mere $500 settlement for the same alleged violation.

The Katy Christian Magazine Case

In 2018, Joseph Menslage, the owner and publisher of Katy Christian Magazine, was accused of charging a political candidate $1,200 for a half-page ad while his opponent paid just $400 for a similar advertisement. The TEC found this to be a violation of Texas Election Code §255.002(b), which prohibits charging different rates for comparable political advertising.

Instead of negotiating a settlement, Menslage maintained his innocence. He did not know about the requirement of §255.002(b). Moreover, the lower rate was the result of a negotiated discount, a common practice in advertising. In his defense, Menslage argued that the complainant never attempted to negotiate and simply paid the magazine’s standard advertised rate of $1,200.

The TEC did not care. They demanded that Menslage travel to a hearing in Austin at the Capitol to explain himself. Unable to miss work for the day, and under the mistaken belief that he only faced a potential $500 penalty, Menslage did not go. As a result, the TEC imposed a $5,000 fine on Menslage and Katy Christian Magazine for the alleged $800 advertising overcharge. 

The Link Letter Case

Contrast this with the case of Terry Lowery, the publisher of The Link Letter. In 2010, Lowery’s newsletter, a prominent and powerful platform for political advertising across Texas, allegedly charged two candidates vastly different rates for the same amount of ad space: $10,000 for one candidate and $5,000 for another. Like Menslage, Lowery’s rate disparity allegedly violated §255.002(b).

Unlike Menslage, however, Lowery knew that he needed to negotiate with the TEC. He agreed to settle with the commission, neither admitting nor denying wrongdoing. As part of the settlement, he paid just $500—compared to Menslage’s $5,000 penalty. The TEC seemed content to resolve the case quietly, despite Lowery’s professional operations and rates running 10 times that of Katy Christian Magazine.

Two Similar Cases, Two Vastly Different Outcomes

The contrasting penalties for Menslage and Lowery reveal how the TEC’s enforcement practices disproportionately punish those who challenge the commission or lack the political clout to negotiate favorable outcomes.

Lowery’s willingness to settle likely played a significant role in the leniency of his penalty. By settling, he avoided a formal hearing and the perception of defiance. Menslage, on the other hand, chose to claim innocence and did not travel to Austin to plead his case, leading to a harsh penalty.

It’s also possible that Lowery, a well-known figure in Texas politics, benefited from his insider status. His newsletter plays a prominent role in campaign advertising, giving him leverage that smaller publications like Katy Christian Magazine lack. Accordingly, even though the case against Lowery involved tens of thousands of dollars, as opposed to one $1,200 ad, Lowery was permitted to settle for just 10 percent of the fine levied on Menslage.

Menslage attempted to explain that the lower rate was a negotiated discount that reflected a common business practice for advertising. The TEC’s refusal to consider this explanation and its decision to impose a harsh fine demonstrates how inflexible the agency can be toward those who claim an innocent explanation for their political involvement.

The cases of Katy Christian Magazine and The Link Letter reveal an urgent need for TEC reform.

For citizens like Menslage, the TEC’s enforcement practices amount to a warning: challenge the commission’s accusations at your own peril. Without meaningful reform, the TEC will continue to target those least able to fight back while letting well-connected actors off the hook. The result is a chilling effect on political participation and a system that prioritizes insider privilege over equal treatment under the law.

This is a commentary published with the author’s permission. If you wish to submit a commentary to Texas Scorecard, please submit your article to submission@texasscorecard.com.

Tony McDonald

Tony McDonald serves as General Counsel to Texas Scorecard. A licensed and practicing attorney, Tony specializes in the areas of civil litigation, legislative lawyering, and non-profit regulatory compliance. Tony resides in Fort Worth with his wife and daughter.

RELATED POSTS