California Democratic Party Files FPPC Complaint Seeking Immediate Injunction To Block Governor's Airing of Television Ad

The California Democratic Party today filed a complaint with the Fair Political Practices Commission seeking an immediate injunction to block the governor from continuing to improperly air a television ad about the state budget crisis.

Governor Schwarzenegger’s California Dream Team ballot measure committee is paying to run the 60-second advertisement on television stations statewide. However, using funds from a candidate-controlled ballot measure committee for this ad clearly violates a new Fair Political Practices Commission regulation.

The new FPPC regulation states that candidate-controlled committee funds “shall be used only to make expenditures related to a state or local measure or potential measure anticipated by the committee, or to qualification or pre-qualification activities relating to such measures.”

However, the governor’s ad refers repeatedly to state budget negotiations rather than any current or anticipated ballot measure.

The governor and his lawyer were well aware of the limits of the FPPC’s new regulation because they opposed it and unsuccessfully sought an amendment to allow just this sort of political advertising.

The California Democratic Party’s complaint asks the FPPC to seek immediate injunctive relief to stop the airing of this advertisement. The Party’s letter and complaint to the FPPC, filed by the law firm of Olson Hagel & Fishburn LLP, are attached.

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