Capitol and California
Comments (0) | | Print

Proposition 8 donor disclosure urged

Published: Friday, Jan. 23, 2009 - 12:57 pm
Last Modified: Friday, Jan. 23, 2009 - 3:08 pm

California's attorney general and election watchdogs are fighting back against a federal lawsuit seeking to bar disclosure of late donors to California's same-sex marriage ban.

Attorney General Jerry Brown, Secretary of State Debra Bowen and the Fair Political Practices Commission jointly filed arguments this week opposing the suit by the Proposition 8 campaign.

Ross Johnson, FPPC chairman, said Friday that the suit is "out to destroy campaign finance disclosure by a death-of-a-thousand cuts" and "I don't intend to let that happen on my watch."

U.S. District Judge Morrison C. England Jr. is set to hear oral arguments Thursday.

Absent a court order, the Proposition 8 campaign must disclose by Jan. 31 the names of donors from shortly before and after the Nov. 4 election. Previous contributors already have been identified.

California's Political Reform Act, approved by voters in 1974, requires disclosure of the name, occupation and employer of any individual who makes a campaign contribution of $100 or more.

Opponents of same-sex marriage are challenging the constitutionality of the disclosure requirement, claiming donors to Proposition 8 have been threatened after their names were revealed.

The suit cites numerous examples of threatening e-mails, phone calls and postcards - including death threats - allegedly made by opponents of the controversial ballot measure.

Ron Prentice, chairman of the Yes on 8 campaign, said recently that hundreds of people have alleged harassment, intimidation and threats occurring at their home or workplace.

Attorneys for the Proposition 8 campaign assert that First Amendment rights to be free from threats, harassment and reprisals outweigh the state's interest in compelling such disclosure.

Brown, Bowen and the FPPC counter that campaign disclosure assists the state in detecting efforts to hide the identities of large contributors and illegal spending of political funds for personal use.

"Political democracy demands open debate, including prompt disclosure of the identities of campaign donors," Brown said in a written statement.

"Backers of Proposition 8 should not be allowed to carve out a special privilege of anonymity for themselves," he said.

State officials argue that there is no compelling evidence that fear of reprisal inhibited donations to Proposition 8, which attracted 36,000 contributions totaling $30 million.

Attorney James Bopp Jr., representing the Proposition 8 campaign, said Friday that the state's argument misses the point because harassment occurred only after donors sent their money.

Bopp said the state has no compelling reason to disclose donations as low as $100.

"Surely, there's no one in the state who would be influenced to vote for or against an initiative because Joe Blow gave $100," he said. "That would be absurd."

Even without public disclosure, Bopp said, the state could audit campaign committees to obtain donors' names when investigating potential misspending or other illicit activity.

"They'd just have to keep the names confidential," he said.

The suit, if successful, would apply only to Yes on 8 committees, not to opponents of the measure or to other ballot issues.

Besides barring disclosure of late donors to the same-sex marriage ban, the suit would prohibit the public from continuing to view the personal information of donors previously identified.


Call Jim Sanders, Bee Capitol Bureau, (916) 326-5538.


hide comments

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" button 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" button 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. If you want to discuss an issue with a specific user, click on his profile name and send him a direct message.

• 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.

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" button 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, but you may ask our staff to retract one of your comments by sending an email to feedback@sacbee.com. Again, make sure you note the headline on which the comment is made and tell us your profile name.


Sacramento Bee Job listing powered by Careerbuilder.com

Quick Job Search

View All Top Jobs
Buy
Used Cars
Dealer and private-party ads
Make:

Model:

Price Range:
to
Search within:
miles of ZIP

Advanced Search | 1982 & Older

SacBee Marketplace

Featured Categories

Legal Worship Education Health View all
Powered by Planet Discover