By Jon Coupal and Cristina Garcia | In recent years, taxpayers throughout California have registered numerous complaints about government entities using taxpayer dollars for political advocacy, a practice that is illegal under both state and federal law. Because progress in stopping these violations has been slow, taxpayers will be pleased to hear that the Fair Political Practices Commission sent a request to the California Legislature that it “consider legislation amending the Political Reform Act to authorize the Commission to bring administrative and civil actions against public agencies and public officials for spending public funds on campaign activity.”
Taking up that challenge is Assemblywoman Cristina Garcia, D-Bell Gardens — co-author of this column — who has introduced Assembly Bill 1306, which is in the Assembly Appropriations Committee. Taxpayers hope that this commonsense, non-partisan proposal becomes law.
Here’s the background. The free speech clauses of the federal and state constitutions prohibit the use of governmentally compelled monetary contributions (including taxes) to support or oppose political campaigns because, as noted in Smith v. UC Regents, “Such contributions are a form of speech, and compelled speech offends the First Amendment.”
Moreover, as determined in Stanson v. Mott, “use of the public treasury to mount an election campaign which attempts to influence the resolution of issues which our Constitution leaves to the ‘free election’ of the people … presents a serious threat to the integrity of the electoral process.”
While taxpayer organizations have been successful in several lawsuits challenging these illegal expenditures, they haven’t fully deterred lawbreaking by the state or local governments, for two separate reasons.
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