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Judge Says McAllen Campaign Donation Limits Are Unconstitutional

Hidalgo County Court Strikes Down Voter-Approved Charter Amendment

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A Hidalgo County judge on February 10, 2026, ruled that McAllen’s voter-approved campaign contribution limits are unconstitutional, eliminating the $500 donation cap that had been added to the city charter after the 2024 general election. Image for illustration purposes
A Hidalgo County judge on February 10, 2026, ruled that McAllen’s voter-approved campaign contribution limits are unconstitutional, eliminating the $500 donation cap that had been added to the city charter after the 2024 general election. Image for illustration purposes
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Texas Border Business

A Hidalgo County judge on February 10, 2026, ruled that McAllen’s voter-approved campaign contribution limits are unconstitutional, eliminating the $500 donation cap that had been added to the city charter after the 2024 general election.

In the case of Efren Barajas v. City of McAllen, Cause No. CL-25-5597-B, Judge Jaime Palacios of Hidalgo County Court at Law No. 2 found that the charter amendment violated the First Amendment of the U.S. Constitution, which protects political speech and association. The provision, commonly referred to as the McAllen Anti-Corruption Act, limited individual campaign contributions to $500 per candidate per election.

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The contribution limits were placed on the ballot and promoted by the civic organization Ground Game Texas, which advocates for local government reforms across the state. The group led a petition drive to qualify the measure for the ballot and supported Proposition A as part of an effort to reduce the perceived influence of large campaign donors in municipal elections.

The limits were adopted after McAllen voters approved Proposition A in November 2024. The measure was promoted as a way to reduce the influence of large donors in local elections. However, opposition to the charter amendments was vocal during the campaign.

“These reforms are a solution looking for a problem,” McAllen City Commissioner Joaquin “J.J.” Zamora said in opposition to the measures on October 23, 2024, emphasizing that the issues the propositions sought to address did not actually exist in McAllen.

Community members also raised concerns about the origin and intent of the proposed reforms. “I’m very concerned about these proposed amendments because the people who came down from Austin, not McAllen, not the Valley, came down from Austin; they may mean well, but they have told us that McAllen is a corrupt city,” said Nedra Kinerk (RIP) on October 29, 2024.

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Questions were also raised about how the measures were presented to voters during the petition process. “Many people got tricked into signing those petitions because they discussed anti-corruption,” Commissioner Pepe Cabeza de Vaca said on October 31, 2024, arguing that the initial framing of the measures misled residents about their intent.

Opponents argued during the campaign that the cap was too restrictive and would not withstand constitutional scrutiny — a concern that ultimately became central to the legal challenge.

The lawsuit was filed by McAllen resident Efren Barajas, who challenged the legality of the contribution cap. In his decision, Judge Palacios concluded that the restriction infringed on constitutionally protected political expression. By declaring the provision unconstitutional, the court rendered it void and unenforceable.

Under the American legal system, courts have the authority to review laws passed by voters or legislative bodies and determine whether they comply with the Constitution. When a court finds a law unconstitutional, it cannot be enforced. Judge Palacios’ ruling exercised that judicial authority and removed the campaign finance limits from McAllen’s charter.

The ruling ends enforcement of the $500 cap and leaves McAllen without the voter-approved campaign contribution restriction that had been in place since the 2024 election.

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