SD-03: Fun Times with Prop 34

by Brian Leubitz [courtesy of Calitics - Front Page]

Last week, Senator Carole Migden sued the FPPC, alleging that Proposition 34 was unconstitutional. Interestingly, in 2000, when in the Assembly, Migden voted in favor of placing the proposition on the ballot.

Why the dramatic shift in positions? Well, as Randy Shaw pointed out last week, Migden has over $1 million that is in question in this case. Unless Prop 34 is somehow struck down, she cannot use that money.  And that's the bulk of her cash on hand. SmartVoter has more information about Prop 34 here. But, here's a quick recap of what it did:

   * Limits individual campaign contributions per election: state legislature, $3,000; statewide elective office, $5,000 (small contributor committees may double these limits); governor, $20,000. Limits contributions to political parties/political committees for purpose of making contributions for support or defeat of candidates.

   * Establishes voluntary spending limits, requires ballot pamphlet to list candidates who agree to limit campaign spending.

   * Expands public disclosure requirements, increases penalties for violations.

   * Prohibits lobbyists' contributions to officials they lobby.

   * Limits campaign fund transfers between candidates, regulates use of surplus campaign funds.

   * Effective 1/1/01, except statewide elective office effective 11/6/02.

But there's one more thing about this case. Senator Migden has already spent $400,000 of this money while the case was pending. If this money was spent illegally, Senator Migden is subject to a fine of up to 3 times the amount of the inappropriately spent money, or about $1.2 million. That's more than she's got, by the way.

Thus, the lawsuit against the FPPC was not all that optional for Senator Migden. Given the recent poll results showing Asms. Nation and Leno well out in front, she needs that money to run an effective campaign.  But apparently she's not so proud of the lawsuit. On Saturday, at the re-opening of the Noe Valley Public Library (see the picture), Senator Migden was asked about the case by NBC-11. Her response? She turned around and walked away from the news cameras.

Prop 34 isn't perfect. It certainly isn't as good as Prop 89, which itself had substantial flaws. But we need tough campaign finance legislation, and hopefully a real clean money package.  We certainly don't need progressive legislators suing the state to declare that our not-so-strict legislation is unconstitutional.