Cities, counties and school boards, increasingly desperate for money to operate, have been using ever-more-sophisticated methods to persuade voters to approve ballot measures.
California’s Fair Political Practices Commission recently responded by approving a regulation to control such activities.
The conflict is coming to a head at an FPPC hearing on Thursday.
Lawyers for the League of Cities, California State Association of Counties and California School Boards Association have filed petitions contending that the commission has overstepped its authority and should modify or repeal its regulation.
The FPPC needs to stand firm. Governments legitimately can provide a fair and objective analysis of the impact of the passage or failure of a measure. Local officials have a First Amendment right and an obligation to tell voters where they stand.
But too often, government authorities, working with campaign consultants, have used public money to mail glossy brochures with loaded words that do everything a private campaign does, except for expressly advocating for or against ballot measures.
In 2008, voters in Galt approved a sales tax hike after receiving a campaign-style mailer signed by the police chief ominously stating that there are “150 known active gang members and associates in Galt” and assuring voters that “Measure R includes tough fiscal accountability provisions.” Also in 2008, Los Angeles County voters were subjected to campaign-style ads touting a sales tax to expand transit, fix potholes, and “make neighborhood streets and intersections safer.”
Government needs tax revenue to operate. But no matter how righteous the cause, government should not use the people’s money to wage slick campaigns. The FPPC should exercise its expertise and authority to ensure that there are consequences when local governments overstep their authority.