Sunday, July 15, 2007


Jul. 15, 2007 (McClatchy-Tribune Regional News delivered by Newstex) --
A campaign finance bill whizzing through the Legislature has good-government groups concerned over what they believe would be the widening of a contribution loophole.

Assembly Bill 1430, which is awaiting a floor vote after safely clearing the Senate Elections Committee last week, would prohibit cities and counties from restricting how much political parties and committees can spend on so-called member communications, such as candidate endorsement lists, door hangers and mailers.

Powerful groups such as the Democratic and Republican parties say the proposed measure simply 'clarifies' campaign finance limits adopted by voters in 2000 under Proposition 34. The bill, written by Solana Beach Republican Assemblyman Martin Garrick, is backed by membership organizations with political clout, such as the California Labor Federation and the National Rifle Association.

Campaign watchdog groups say contribution limits have driven candidates to find more creative ways to finance elections. Under current law, donors can give to political parties and membership-driven groups, which can then spend up to $25,000 on a state candidate's campaign. AB 1430 would effectively extend this maneuver to city, county and school board races -- without limits.

'It's a symbol of the steady erosion of campaign finance laws in California and, in this case, it's being instigated by the Legislature,' said Ned Wigglesworth, policy advocate for California Common Cause.

Good-government groups believe the bill was drafted in response to a 2006 fine against the Republican Party.

The San Diego Ethics Commission fined the San Diego County Republican Central Committee $7,000 for sending out three mailers to 323 nonparty members before a Jan. 10, 2006, special election for a City Council seat. According to the settlement agreement, the GOP ignored a warning from the commission.

'They said they'd look into it and continued to mail out three mailers,' said Stacey Fulhorst, executive director of the San Diego Ethics Commission.

Garrick, who drafted the bill with the help of state Republican Party general counsel Chuck Bell, denied his measure was in reaction to the fine. He said the bill addressed cities currently trying to 'overreach' their bounds.

Garrick said AB 1430 is about preserving a statewide organization's right to inform its members without interference from local officials.

'It's for the Republican Party of San Diego to report who they endorse, from the president down to dogcatcher. It's completely appropriate and an exercise of their First Amendment right,' he said.

Cities such as San Diego would like the opportunity to consider imposing limits on member communications. The Los Angeles Ethics Commission imposed limits after allegations surfaced that donors were giving generously to political parties to support candidates in a 2001 City Council race.

Since then, groups have reported nearly $1.8 million in spending, 60 percent from labor unions, said LeeAnn Pelham, executive director of the Los Angeles Ethics Commission.

Pelham believes it's not just about preserving a city's right to govern its own election, it's about preserving public disclosure.

'When voters passed Prop. 34, they intended organizations to communicate free of regulations,' Fulhorst said. 'But they never intended to allow a conduit, treating it as though it were the candidate's own money.'

Fulhorst noted that even the state has a $25,000 cap for membership communication made at the behest of a candidate -- a limit meant to prevent political groups from turning their funds into a candidate's second campaign account.

AB 1430 would not allow cities or counties to impose any cap.

'The Political Reform Act specifically states that the ability of local jurisdictions to impose stricter limits cannot conflict with the member communication provision,' Montebello Democrat Sen. Ron Calderon said while chairing the committee hearing.

San Diego City Councilwoman Donna Frye, who opposes Garrick's bill, said voters have always been aware that money influences politics.

'We've seen very large government contracts go out after very large independent expenditures (are made on politicians),' Frye said. 'That's why people should care -- because it's their money being traded.'

Newstex ID: KRTB-0178-18140403


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