CCP Calls on Gov. Brown to Veto Bill that Bypasses Voters

September 9, 2016   •  By Matt Nese
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Bill violates 1988 law that bans tax subsidies for politicians

Alexandria, VA – The Center for Competitive Politics (CCP) sent a letter to California Governor Jerry Brown today urging him to veto California Senate Bill 1107, which permits the State of California and its localities to subsidize candidate campaigns with Californians’ tax dollars. This action directly violates the Political Reform Act of 1974, which voters amended in 1988 to explicitly prohibit the creation of tax-financing programs in California without voter approval.

“Sacramento politicians want to illegally bypass voters and get taxpayers to fund their reelection campaigns,” said CCP President David Keating. “Governor Brown ought to veto this bill, which would violate California’s Constitution and law. If California legislators want tax-financing programs, it’s the voters who get to decide.”

As CCP’s letter notes, under the California Constitution, voters have a right to be heard before a key provision of the Act they approved is overturned. Yet, California lawmakers passed S.B. 1107 – without voter approval – giving the following flawed justifications:

  • S.B. 1107’s supporters argued that the creation of tax-financing programs “furthers the purposes” of the Political Reform Act of 1974. However, the Act explicitly prohibits such programs. That law reads, in part, “No public officer shall expend and no candidate shall accept any public moneys for the purpose of seeking elective office.”
  • S.B. 1107’s supporters have also argued that polling demonstrates that Californians now support tax-financed campaign programs, in contrast to the decision of voters in 1988. But often biased opinion polls are not a replacement for casting ballots. If the public truly supports tax-financing, S.B. 1107’s proponents should have no opposition to putting the issue on the ballot and letting the voters decide.

Even worse, California lawmakers are aware of their violation. CCP’s letter also explains that after failing to meet a legislative deadline to qualify S.B. 1107 for the November 6, 2018 ballot, the bill’s sponsor amended the measure to remove that requirement and insert language simply asserting that S.B. 1107 “furthers the purposes of the Political Reform Act.” It is clear from the timing of this June 30 amendment that the Legislature understood it was supposed to send S.B. 1107 to the voters and is now attempting an end run around both the voters and the California Constitution.

Read the letter in full here.

Matt Nese

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