The So-Called "Independent Expenditures" in California Assembly District 40

[courtesy of California Progress Report]

By Linda Sutton

Ignored by the mainstream media this Wednesday, the Fair Political Practices Commission complaint filed against "Valley Democrats for Change" by attorney, Nicole Kuklok-Waldman, is heating up the race in the 40th Assembly District. It entered cyberspace Thursday through the subscription only Capitol Morning Report.

What it appears to be, said an employee at the Secretary of State's office, is another committee set up to circumvent California's legal contribution limits.

Background. California law sets a contribution limit for state candidates for the legislature at $3600 per person. A candidate can use an unlimited amount of his or her PERSONAL funds. But, a relative cannot. Which brings us to the present situation. What's a father to do???

Michael Blumenfield, the retired psychiatrist from Scarsdale, N.Y., who moved out to California to live across the street from his son, had already given the $3600 limit last year. So, legally, he could give no more.

Loophole. California has this nifty little device to get around those pesky "limits." It's called the "independent expenditure committee" with the operative word being INDEPENDENT. The deal is that someone can form this sort of committee and spend ALL they want. They just can't coordinate with anyone in the campaign.

It seems that father Michael got together with his son's present employer, Congressman Howard Berman, and opened up shop with this type of committee. The $50K seed money from him landed in the account on March 25th, just before the California Democratic State Convention, where son, Bob, would lose the party endorsement and make this committee all the more important.

Then a $5K chunk from Michael MacLeod, the Chairman of Public Interest Data in Washington DC rolled in on April 1st. This Michael chipped in another $5K May 8th. Is he a relative? From his website, we find he has a history as a fundraiser. From Newsmeat, we learn that he's a contributor to the DCCC, Harry Reid, Howard Dean, Joe Lieberman and Hillary Clinton. But what IS his connection to this far away California Assembly candidate? Inquiring minds want to know.

Then more money from dad…another $50K…another $20K. That would be $116,400 OVER what is allowed by law. But, oh yes, this is an "independent" expenditure! So, it gets to slip by the pathetically weak campaign finance rules.