Federal judge bars enforcement of California campaign-disclosure rule

By The Associated Press

09.23.02

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SACRAMENTO, Calif. — A federal judge has blocked enforcement of a campaign-disclosure requirement imposed by California voters when they passed Proposition 34 in 2000.

U.S. District Judge Lawrence Karlton granted a preliminary injunction sought by four publishers of slate mailers — brochures that are sent to voters advocating positions on candidates or ballot measures. Candidates frequently pay to be listed on the mailers. Karlton said the plaintiffs had shown a "high likelihood" the requirement violated the First Amendment.

"With the November 2002 elections on the immediate horizon, absent an injunction, plaintiffs will have to choose between self-censorship or the real possibility of an enforcement action" by the state Fair Political Practices Commission, Karlton said.

"This harm outweighs any that would be suffered (by the FPPC) or the public by the issuance of a preliminary injunction."

Proposition 34 was mainly about limiting the size of campaign contributions to state candidates, but it included a provision requiring slate mailers resembling a communication from a political party to state in bold letters if voter positions advocated by the mailers differ from those of the party.

The FPPC, charged with enforcing Proposition 34, says the disclosure provision is needed so that voters aren't tricked into thinking that the mailers come from a political party.

But the publishers argue that the Proposition 34 disclosure language takes up valuable space and violates their free-speech rights.

They say they will continue to use a previous disclosure requirement that says the mailers were not published by an official party organization.

Sigrid Bathen, a spokeswoman for the FPPC, said commission officials were studying Karlton's decision and had no comment.