The FPPC’s Action Is Unseemly and Wrong

Tuesday, August 8, 2017

Page 9

IN MY OPINION (Column)

The FPPC’s Action Is Unseemly and Wrong

By JON COUPAL

Last week, the ostensibly nonpartisan California Fair Political Practices Commission agreed to remove a long-standing campaign contribution limit so that Democrats could better fight an upcoming recall election against one of their own. And you thought things were bad in Venezuela.

Earlier this year, frustrated taxpayers in Senate District 29 initiated a recall of state Sen. Josh Newman because of his vote to impose over $5 billion annually in new taxes on cars and gasoline. Within months, over 100,000 signatures were submitted in support of ousting Newman.

In a move to bolster Newman’s chances of surviving the impending recall, the Senate Democrats last month requested that the FPPC allow elected officials to contribute more than $4,400—the legal limit—to Sen. Newman’s recall committee. Since 2003, the FPPC has maintained that the contribution limits that apply to candidate committees during regularly scheduled elections also apply to recall elections. In fact, back in 2008, that rule was applied against a Republican legislator, Jeff Denham, when he was fighting his own recall challenge. The justification for the limit is to prevent legislative leaders from using their power and influence over special-interest contributors to raise hundreds of thousands of dollars, which could then be immediately transferred to the targeted legislator.

In response to the Democrats’ request, the FPPC’s own legal counsel reviewed the limit and concluded that the current interpretation is both “well-reasoned and legally sound.” However, in a 3-1 vote, the commission ignored its attorneys’ objection and gave preliminary approval to lift the contribution limit for recall candidates.

To be clear, many question both the efficacy and the constitutionality of political contribution limits. After reasoned debate, it may well be that the California Legislature would vote to lift the cap for future elections. But it is the method and timing of the revised interpretation that stinks.

First, the Democrats are hiding behind the FPPC. If they don’t like the contribution limits, they could simply pass a reform bill, which Gov. Brown would quickly sign. But, rather than be upfront about their political agenda, they asked their cohorts at the FPPC to do their dirty work for them via a regulatory amendment.

Second, and far more troubling, is the timing. If this particular contribution limit can’t be justified as advancing the public interest—and it may not be—why repeal it in a manner so transparently intended to help one particular political party, and one particular candidate? By not delaying the effective date of the regulatory change until some not-too-distant future election cycle, the FPPC loses the moral high ground, as well as the appearance of objectivity.

The upshot of this may not mean much. Sure, with lots more Democratic money to spend in the recall election, voters in the 29th Senate District will see their mailboxes filled to brim with misleading mailers, as well as nonstop radio commercials on every station, funded by special interests.

But the anger on the part of working Californians over the massive tax increase, especially in Newman’s conservative district, is palpable—and even an unlimited supply of campaign cash may not be able to stave off voter wrath.

Nonetheless, the FPPC action is unseemly and wrong. Today, when cynicism over the political process is at an all-time high at both the national level and here in California, we should be assuring citizens that our democratic processes are fair and reflective of high standards of integrity. Unfortunately, the FPPC’s sudden rule change will only reinforce distrust on the part of voters.