Migden sues FPPC on spending

In an unusual move, state Sen. Carole Migden is suing the state's political watchdog agency, which has ruled she can't spend $647,000 in political contributions she raised before being elected to the Senate.

The suit, filed Monday in U.S. District Court in Sacramento, drew a tart rejoinder from Ross Johnson, chairman of the Fair Political Practices Commission.

"Migden wants to bully the FPPC and distract our staff from their investigation into her campaigns," Johnson said Tuesday in a prepared statement. "We intend to enforce the law."

Johnson maintains Migden has already spent nearly $400,000 to which she is not legally entitled.

James Harrison, an attorney for Migden, denied the senator – who is facing a hotly contested primary election in June – is trying to "bully" the FPPC.

Harrison said the San Francisco Democrat only wants the FPPC to treat her as it did Sen. Ellen Corbett, D-San Leandro, who was allowed to use $100,000 she raised before her election to the Senate.

"Nor do I think it's bullying for us to ask (the FPPC) to follow the Constitution," said Harrison, who contends state law governing surplus funds is unconstitutional and a violation of free speech.

The FPPC allowed Corbett to spend the money after she blamed an accounting mistake and provided a 13-page letter making her case. Migden, a former member of the Assembly and State Board of Equalization, never asked for the FPPC's permission.

State law requires elected officials to spend money they raised in office before leaving that office. Those who do not can donate the surplus money to nonprofits or political parties but cannot use it to campaign for another office.

In her suit against the FPPC and Johnson, Migden contends the $647,000 in question "could well make the difference" in her fight to retain her Senate seat.

The disagreement stems from a complaint filed last November by Assemblyman Mark Leno, D-San Francisco, who is running for Migden's Senate seat.

He accused her of charging $397,000 in political expenses without disclosing who was initially paid and for what, as required by campaign finance laws. He also objected to the transfer of funds between her campaign committees.

Migden's campaign committee reports, dating back to 2000, included 30 instances in which credit card bills ranging from $219 to $236,431 were listed but lacked itemization, according to published reports. Her attorney said the mistakes stemmed from the use of volunteer bookkeepers who were not familiar with all of the state requirements for campaign finance reporting.

Migden has previously been fined a total of $110,600 by the FPPC for violations, including twice in 2006.

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• Call Aurelio Rojas, Bee Capitol Bureau, (916) 326-5545.