An Arizona-based group trying to affect ballot measures in California has no constitutional right to hide its donors, a judge in that state ruled Wednesday.
Judge Shelleyanne Chang rejected arguments by attorneys for Americans for Responsible Leadership that producing the list for a California regulatory board would violate both its First Amendment rights as well as those of those who gave to the group with the understanding that their names would not be made public.
Chang acknowledged that last year's U.S. Supreme Court ruling in the Citizens United case does permit outside groups to try to influence elections. But she said nothing in that ruling prevents the government from requiring that the sources of the cash be disclosed.
The decision most immediately affects the $11 million that the organization, headed by former Arizona House Speaker Kirk Adams of Mesa, donated to try to kill Proposition 30, a proposal by California Gov. Jerry Brown to impose a temporary tax hike on those earning more than $250,000 a year, along with a quarter-cent sales tax increase. Americans for Responsible Leadership also is helping to fund Proposition 32 to ban corporate and labor donations to candidates.
California law empowers the state's Fair Political Practices Commission to audit the books of those who try to influence campaigns and, if appropriate, make public the names of donors.
But a donor list also could finally shed some light on who is behind the $750,000 that Americans for Responsible Leadership has put into the campaign to kill Arizona's Proposition 204 to impose a permanent one-cent surcharge on the state sales tax, largely to fund education. That's because Arizona, has no disclosure laws similar to those in California..
The same organization has pumped another $415,000 into the bid to defeat Proposition 121. That measure would create an open primary system where all candidates run against each other for nomination and the top two face off in the general election regardless of party affiliation.
Whether any of that will be available to voters in Arizona or California before Tuesday's election, however, remains unclear.
"We have asserted all along that the FPPC does not have the authority to issue an audit in advance of the election,'' said Matt Ross, spokesman for Americans for Responsible Leadership and its legal team. "We continue to believe so and will appeal this case.''
That appeal could delay the organization turning over its books.
Even once California regulators get the donor list, it could take some time for them to review it and determine whether what Americans for Responsible Leadership is doing fits within the disclosure statutes.
But Chang, in her order, said it's necessary to start the audit process -- and soon.
"Without the FPPC's audit and review of appropriate records, potential disclosure of information prior to the general election critical to the public in deciding how to vote for Proposition 30 and 32 may not be made,'' she wrote. And Change said that if the audit determines Americans for Repsonsible Leadership has violated disclosure requirements, "irreparable harm has occurred and continues to occur as each day passes and voters continue to cast their votes without information that may influence their votes.''
The legal fight has the support of California Attorney General Kamala Harris.
"We are, together with the FPPC, committed to getting to the truth, and getting it now,'' she said in a prepared statement.
The latest documents on file with the Arizona Corporation Commission show Adams, who was speaker of the state House before an unsuccessful bid earlier this year for Congress, is listed as president.
Other directors include Robert Graham, who owns Scottsdale-based RG Capital, an investment firm. He also is running to be chairman of the Arizona Republican Party.
Also on the list are Eric Wnuck, another unsuccessful Republican congressional candidate, and Steve Nickolas whose web site says he is involved in the bottled beverage industry. Both list Scottsdale addresses.
downtownresident posted at 9:02 pm on Wed, Oct 31, 2012.
Never mind ethics and honesty. Tea party scum will stick together and taint any honest effort to help the common citizen.
The "win-at-all-costs" mentality speaks volumes about the underhanded tactics employed by the THUGS in charge.
The stench of Pearce and crew is wafting all over the state.
I don't know how any of these low-lifes can look in the mirror. Never mind, they have no feelings and no future, except here on Earth.
I'm secure in the knowledge that they will never see an after life. OK, maybe as an insect, or worm.
Melete posted at 10:15 pm on Wed, Oct 31, 2012.
a day late and a dollar short, your honor.
one of the sleazy henchmen came to a CofC meeting i attended. the conclusion was easy: anything this guy opposed, i was gonna vote for.
Clearview posted at 11:08 pm on Wed, Oct 31, 2012.
Wherever you smell stench, you find Pearce. Adams smells like Pearce, and they both are an embarrassment to the city of Mesa, the state Arizona, and the United States. Now they've become traveling salesmen and puppets for for dirty politics.
CSalafia posted at 4:45 am on Thu, Nov 1, 2012.
I posted a question on Kirk's Facebook page about this and he, or his lackey, promptly banned me.
Just like when he was in the AZLeg, his smug superiority gives him the impression that he doesn't have to answer peoples' questions.
DavidNichols posted at 7:05 am on Thu, Nov 1, 2012.
Russell Pearce, and his "Stenchmen" have sure opened my eyes to how much Corruption there is in Arizona Politics, and how the Authorities in Arizona turn a blind eye to their Political Pals Dirty Deeds!
Why is Russell Pearce, his Brother, his two Nieces, Mrs. Cortes, and all involved in the "Cortez" Class Five Felony Election Riging/Manipulating in Jail?????
This took very devious minds, and I am appualed that Arizona's Law Enforcement ignored it!
To: Justice, and the U.S. Electoral System/Rule of Law?
DavidNichols posted at 7:07 am on Thu, Nov 1, 2012.
Correction:
Why is Russell Pearce, and All involved in the "Cortez Sham/Election Rigging " Not in Jail????
xyno posted at 9:33 am on Thu, Nov 1, 2012.
Russell is a Pearce of Sheet