Election 2012
0 comments | Print

Court to consider hidden political donations Oct. 30

Published: Friday, Oct. 26, 2012 - 12:00 am | Page 4A
Last Modified: Sunday, Oct. 28, 2012 - 12:48 pm

State campaign regulators will make their case in court Tuesday – one week before the Nov. 6 election – for why an Arizona-based nonprofit should divulge information tied to an $11 million California donation whose donors remain secret.

The Fair Political Practices Commission sued little-known nonprofit Americans for Responsible Leadership on Thursday, asking the group to provide emails, text messages and financial records showing how it raised the $11 million.

The organization donated the funds to a business committee that has played a pivotal role in opposing Gov. Jerry Brown's tax initiative, Proposition 30, and supporting a measure to tighten union dues collection, Proposition 32. Brown has accused Americans for Responsible Leadership of laundering funds for unknown interests.

FPPC Chairwoman Ann Ravel said the watchdog agency is trying to determine whether the group violated state campaign rules that require nonprofits to disclose their donors if money is earmarked for a particular political cause. The FPPC says it has audit and investigatory powers that compel the group to provide such information.

A Sacramento-based attorney for Americans for Responsible Leadership, Bradley Benbrook, said Thursday the FPPC was overstepping its powers and cannot access such information.

In a procedural hearing Thursday, Sacramento Superior Court Judge Barry Loncke told both sides to provide written arguments by Monday before a Tuesday morning court appearance to further decide the matter.

State attorneys argued that a quick court decision is necessary because voters need ample donor information as they weigh choices on the November ballot. FPPC enforcement officer Gary Winuk said the group's name tells voters nothing about its purpose, and he noted that California voters are already submitting ballots by mail without enough information.

"Each day brings more potential public harm for each day we're not able to inspect the record," Winuk said.

But Benbrook asserted that the FPPC does not have audit authority until after an election. He suggested the FPPC had already gone beyond an investigatory role and predetermined that the group violated campaign finance rules without sufficient evidence.

"They've already decided," Benbrook said of the FPPC. "This group has First Amendment rights, and the First Amendment rights can only be interfered with if the rules are very clear that the FPPC has this authority."

© Copyright The Sacramento Bee. All rights reserved.

Read more articles by Kevin Yamamura



About Comments

Reader comments on Sacbee.com are the opinions of the writer, not The Sacramento Bee. If you see an objectionable comment, click the "Report Abuse" link below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.

What You Should Know About Comments on Sacbee.com

Sacbee.com is happy to provide a forum for reader interaction, discussion, feedback and reaction to our stories. However, we reserve the right to delete inappropriate comments or ban users who can't play nice. (See our full terms of service here.)

Here are some rules of the road:

• Keep your comments civil. Don't insult one another or the subjects of our articles. If you think a comment violates our guidelines click the "Report Abuse" link to notify the moderators. Responding to the comment will only encourage bad behavior.

• Don't use profanities, vulgarities or hate speech. This is a general interest news site. Sometimes, there are children present. Don't say anything in a way you wouldn't want your own child to hear.

• Do not attack other users; focus your comments on issues, not individuals.

• Stay on topic. Only post comments relevant to the article at hand.

• Do not copy and paste outside material into the comment box.

• Don't repeat the same comment over and over. We heard you the first time.

• Do not use the commenting system for advertising. That's spam and it isn't allowed.

• Don't use all capital letters. That's akin to yelling and not appreciated by the audience.

• Don't flag other users' comments just because you don't agree with their point of view. Please only flag comments that violate these guidelines.

You should also know that The Sacramento Bee does not screen comments before they are posted. You are more likely to see inappropriate comments before our staff does, so we ask that you click the "Report Abuse" link to submit those comments for moderator review. You also may notify us via email at feedback@sacbee.com. Note the headline on which the comment is made and tell us the profile name of the user who made the comment. Remember, comment moderation is subjective. You may find some material objectionable that we won't and vice versa.

If you submit a comment, the user name of your account will appear along with it. Users cannot remove their own comments once they have submitted them.

hide comments
Sacramento Bee Job listing powered by Careerbuilder.com
Quick Job Search
Buy
Used Cars
Dealer and private-party ads
Make:

Model:

Price Range:
to
Search within:
miles of ZIP

Advanced Search | 1982 & Older



Find 'n' Save Daily DealGet the Deal!

Local Deals