Election 2012
0 comments | Print

California Supreme Court orders Arizona group to release campaign donor records

Published: Monday, Nov. 5, 2012 - 12:00 am | Page 1A
Last Modified: Friday, Mar. 29, 2013 - 4:37 pm

The California Supreme Court on Sunday ordered an obscure Arizona nonprofit to submit its donation records immediately to state regulators, but it remained unclear whether voters would know the source of the contribution before Tuesday's election.

Phoenix-based Americans for Responsible Leadership gave $11 million in October to a business campaign committee opposing Gov. Jerry Brown's tax initiative, Proposition 30, and supporting a measure that would restrict union dues collection, Proposition 32.

California's highest court issued its unanimous 7-0 decision after a rare Sunday telephone conference and gave ARL just under an hour to comply.

The group did not immediately submit the records. Instead, it unsuccessfully asked the state court to extend its compliance window to 9 a.m. today as it sought a stay from the U.S. Supreme Court, according to the state's Fair Political Practices Commission and Attorney General Kamala Harris.

Harris charged that the group had "continued to subvert and tried to delay this process, and keep voters in the dark."

The state court denied ARL's request shortly before 6 p.m., and the group said late Sunday it was in contact with the FPPC in an attempt to comply with the order.

"While we are working to deliver the records, we still believe that the FPPC does not have the authority to take such action and have filed a request for immediate stay with the United States Supreme Court," Matt Ross, spokesman for ARL's legal team, said in a written statement.

The FPPC had asked the Supreme Court to force the Arizona group to turn over emails and transactions data behind the donation, whose specific donors the group has never disclosed. The watchdog agency won a trial court decision last week, but ARL did not have to turn over its records because it challenged the ruling and won support from the 3rd District Court of Appeal to withhold the information for now.

In a letter Sunday to the California Supreme Court, ARL said it was filing an emergency request with U.S. Supreme Court Justice Anthony Kennedy, who wrote the majority opinion in the 2010 "Citizens United" case that dealt with organizations' ability to spend in campaigns.

The organization's attorneys charged that state regulators appointed by Brown were unfairly targeting ARL because its contribution challenged the governor's initiative. They pointed to a recent comment by Brown at an NAACP luncheon that appeared to compare ARL to the Ku Klux Klan.

"This proceeding raises critical First Amendment issues regarding the ability of an organization to freely associate and speak on vital election-related matters without reprisal by government officials opposed to their view, during the midst of the election and in contravention of the government's own investigative procedures," wrote attorney Thad A. Davis.

The FPPC wants to review donation records to determine before Tuesday's election whether ARL violated state rules requiring nonprofits to disclose donors if their money was earmarked for a specific initiative. If the FPPC finds a violation, it remains to be seen whether there is enough time to invoke administrative or legal procedures that would force ARL to disclose its donors by Tuesday.

ARL is directed by lesser-known Arizona GOP activists, and the group hired attorneys from a Virginia-based law firm with long-standing Republican National Committee ties.

© 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