Alison Fox, a Republican candidate for the Texas Court of Criminal Appeals, returned a $4,000 campaign contribution from a sitting judge after questions surfaced about whether the donation exceeded limits under state election law.
Judge David Newell, who serves on the Texas Court of Criminal Appeals and is not seeking re-election, reported a $4,000 payment to “Alison Fox for Judge” in his January campaign finance report.
The payment was dated October 17, 2025, and categorized as a political contribution made from political contributions, according to Newell’s filing with the Texas Ethics Commission.
Photos reviewed by The Dallas Express also appear to show Fox and Newell attending the same political event, where candidates and attendees posed for pictures in front of a large Texas flag backdrop. The images add context to questions about Newell’s support for Fox’s campaign after his finance report listed a $4,000 political contribution to her campaign.
Fox is running for Place 3 on the Court of Criminal Appeals, Texas’ highest criminal court. She faces Thomas Smith in the May 26 Republican primary runoff.
State Law Limits Judicial Contributions
Texas Election Code Section 253.1611 bars judicial candidates and officeholders from using political contributions to knowingly make political contributions totaling more than $100 in a calendar year to another candidate or officeholder.
The Texas Ethics Commission has also said a retired judge who still has a campaign treasurer appointment on file remains subject to the restriction and may not contribute more than $100 per year to another candidate or officeholder.
Newell’s campaign finance report listed the $4,000 payment to Fox, along with other political contributions from campaign funds. The report also listed $1,000 contributions to Jo Ann Pierce Linzer for Judge Campaign, Paul Still for Judge, and The Mark Hanna Campaign.
Tony McDonald, an attorney experienced in campaign finance law, told Texas Scorecard that the filing appeared to show an illegal contribution.
“It seems clear based on the report that Newell made, and Fox accepted, an illegal campaign contribution,” McDonald said.
Fox later told Texas Scorecard she received and reported the contribution, but was not initially aware of the applicable restrictions. She said the funds had been returned and that the refund would appear in her next campaign finance report.
Newell did not respond to Texas Scorecard’s request for comment.
Runoff Comes Amid GOP Scrutiny
The contribution issue comes as Fox faces conservative scrutiny in the Republican runoff for Court of Criminal Appeals, Place 3.
A social media post attributed to Fox’s husband, Graden Wayne Dahlberg, urged voters to support her in the Republican primary and told Democrats to consider doing the same.
“Please vote for my wife in the Republican primary,” the post said. “Even if you are a Democrat, consider doing so for strategic reasons.”
Anyone who doubts the absolute necessity of closing the Texas Republican primaries, here you go—an open plea for Democrats to crossover and vote for CCA Place 3, not to mention a pay-for-play LINK Letter endorsement. This is an automatic disqualification for this candidate.… pic.twitter.com/wVtGKBwcId
— Karnifex Maximus (@KarnifexMaximus) February 14, 2026
Texas does not require voters to register by party. A voter who has not participated in a party primary during the calendar year may choose either party’s primary. However, a voter who cast a ballot in one party’s primary may not vote in the other party’s runoff, according to the Texas Secretary of State.
Fox led the March primary with 31.3% of the vote, while Smith finished second with 30.7%, The Texas Tribune reported. The two advanced to the May 26 runoff because no candidate received more than 50% of the vote.
The race has drawn added attention because the Court of Criminal Appeals has played a central role in disputes over Texas Attorney General Ken Paxton’s authority to prosecute election-law cases.
Newell was one of two Republican judges on the court who previously sided against Paxton and later declined to seek re-election, The Texas Tribune reported.
Smith works in Paxton’s office and has Paxton’s endorsement. Fox has emphasized her criminal appellate experience, including work at the Court of Criminal Appeals and the Bexar County District Attorney’s Office.
The winner of the Republican runoff will face Democrat Okey Anyiam, a private criminal defense attorney, in November.
