Election 2012
0 comments | Print

Judge orders Arizona campaign group to turn over records to California officials

Published: Thursday, Nov. 1, 2012 - 12:00 am | Page 3A

A Sacramento Superior Court judge confirmed Wednesday her ruling against an obscure Arizona campaign group, saying California officials' inability to investigate its funds would cause irreparable harm to voters.

Judge Shelleyanne W.L. Chang's final ruling ordered Phoenix-based Americans for Responsible Leadership, which donated $11 million to kill Gov. Jerry Brown's tax increase in Proposition 30 and to support the campaign finance measure Proposition 32, to turn over information to state regulators today.

It's still far from certain, however, that voters will learn of the group's donors before Tuesday's election.

The group said it will appeal, and it is unclear whether the courts can sort out the issues in expedited fashion or, even if they do, whether the state Fair Political Practices Commission will determine that donor disclosure is warranted.

"We are disappointed in today's court ruling," Matt Ross, the Sacramento-based spokesman for the group's Virginia legal team, said in a prepared statement. "We have asserted all along that the FPPC does not have the authority to issue an audit in advance of the election. We continue to believe so and will appeal this case."

If the commission gets the records, it will review them, looking for whether its donors have been illegally shielded from disclosure. State law requires that donors must be identified if they gave to nonprofits with the intention of spending money on state campaigns here.

In her ruling, Chang said "irreparable harm has occurred and continues to occur as each day passes and voters continue to cast their votes without information that may influence their votes."

Attorney Jason Torchinsky, representing the Arizona group, said that the Fair Political Practices Commission's request for unredacted records, including emails and bank statements, exceeds the scope of the law.

He also suggested that the commission's audit request was politically motivated.

If the court sides with the state, Torchinsky said during arguments Wednesday, the message conveyed will be "if your speech is unpopular, expect reprisals."

Brown has blasted the Arizona nonprofit for failing to disclose the source of its funds. Last week he compared the little-known Arizona nonprofit to people "who liked to run around in hoods." He later denied that the reference, made during a speech to the NAACP's California state conference, was to the Ku Klux Klan.

Ann Ravel, who chairs the FPPC, is a Brown appointee.

After Wednesday's hearing, Ravel denied that the commission's actions were politically motivated, citing the complaint by a good-government group that sparked its push for the audit.

"It was a complaint," Ravel said. "We investigate complaints."

© Copyright The Sacramento Bee. All rights reserved.



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