Posted on 03/30/2006 6:30:04 PM PST by NormsRevenge
A state appeals court says a campaign committee controlled by Gov. Arnold Schwarzenegger broke state law by not promptly reporting millions of dollars in expenditures promoting four measures on last November's special election ballot.
The 3rd District Court of Appeal, in a decision issued Wednesday, said Schwarzenegger's California Recovery Team should have reported the expenditures within 24 hours after they were made during the 90 days leading up to the Nov. 8 election but failed to do so.
"CRT ignores that the (Political Reform Act) requires reporting of independent expenditures on a 24-hour basis during an election cycle," a three judge panel said. "CRT is not free to determine when and what information to discuss; it must comply with the (act)."
The court said attorneys for the California Recovery Team and Schwarzenegger acknowledged that the spending met the "statutory definition" of independent expenditures but that somehow they were not.
"They offer no argument or authority why the expenditures are not independent expenditures, other than the naked declaration that they are not...," the court said. "Unfortunately, ... the law says otherwise."
Independent expenditures are campaign expenditures made without coordination with a candidate or a ballot measure committee.
Thomas Hiltachk, the treasurer and attorney for the California Recovery Team, said the committee "accepted the court's decision" but stressed that all the expenditures at issue were reported before the election.
"It's really a question of what form should we have filed them on," he said.
Alliance for a Better California, a campaign committee that opposed the Schwarzenegger ballot measures, said the California Recovery Team voluntarily filed more than 160 campaign spending reports covering more than $25 million in expenditures a few days before the election.
But those reports were "well beyond the 24-hour reporting deadlines," said Joe Nunez, the alliance's chairman.
He filed a complaint Thursday with the state Fair Political Practices Commission, citing the appeals court decision and urging the agency to fine the Schwarzenegger committee.
A spokesman for the FPPC, Jon Matthews, said he could not comment on the complaint except to say that the commission's chairwoman, Liane Randolph, had sent a letter to the court last year "supporting the interpretation of the Political Reform Act that the court eventually followed."
Schwarzenegger's campaign opponents brought the case to the appeals court after a Sacramento County Superior Court judge concluded that the law was "less than clear" on what the California Recovery Team's reporting requirements were.
Alliance for a Better California, a campaign committee that opposed the Schwarzenegger ballot measures, said the California Recovery Team voluntarily filed more than 160 campaign spending reports covering more than $25 million in expenditures a few days before the election.
But those reports were "well beyond the 24-hour reporting deadlines," said Joe Nunez, the alliance's chairman.
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Irony or what? Is this the same Joe Nunez that the Gubby just re-appointed to the state Board of education? lolol
CA: Governor reappoints union official to state ed board (Joe Nunez)
http://www.freerepublic.com/focus/f-news/1606447/posts
That would be the guy!
Regarding the article, I don't get it. They argue that the California Recovery Team is an Independent Committee but doesn't have Independent Expenditures? And the attorney for the Independent Committee is Arnold's long time attorney? Why am I confused?
Of course the courts say that. What do you expect liberal politically motivated judges to say?
Apparently, Nunez rushed from the confirmation ceremony at the Hyatt on Wednesday, to the FFP's office this morning, to file a complaint against his boss suggesting fines should be imposed.
Seems an ungrateful little twit who serves at the pleasure of an Austrian, village idiot.
I do.
This little misadventure of the ungreatful twit and his sponsor, the village idiot, should stand as a stark reminder of the new flavor of political inbreeding that the Wilsonegger gang has introduced into Sacramento.
Next we'll discover that Joe is Fabian's cousin, twice removed.
Hey Arnie, you hold a snake by the tail it will end up biting you.
Has Arnoid been kidnapped and a clone put in his place. No one can be this dumb without help!
Let me take this opportunity to tell everybody once again! Arnold's only concern is that he be adored and loved by every possible human being that he encounters and that the rest go see his movies, or cast a vote for him when he decides to play to the voting audience!!!
He's not going to be satisfied by the ever so slight rise in the poll done by the Public Policy Institute and will decided to leave politics on the eve of the election, or some time between now and then... THAT'S HOW DUMB HE IS!!! (the only thing dumber is the CAGOP for prematurely endorsing him before we even have a danged primary!)
CA Republicans are rapidly being made fools of and that "ship of fools" is captained by none other than celebrity fool Arnold Schnortzenegger!!! Anyway, that's my opinion and I'm stickin to it!!!
For the period August 1 2005 through December 31, 2005 (based on transaction date) Total # of donations over $1,000 1,565 Total $ associated with above $31,186,173 Avg $/contribution $ 19,927 Average days to file 108 Fewest days to file 44 Most days to file 149
Weintraub: California Insider (SacBee blog)
The governor and his allies got slammed pretty hard today in a Court of Appeal ruling on their failure to fully report in a timely fashion contributions last fall in the campaigns for Props. 74, 75, 76 and 77. It looks as if the matter will now go to the Fair Political Practices Commission to decide if the campaign should be fined, and, if so, how much.The case was brought by groups that opposed Schwarzenegger's proposals on the ballot last year. The governor's lawyers claimed that the violations were technical and meaningless. The court forcefully disagreed. And now the Alliance for a Better California, a coalition of labor groups that has opposed Schwarzenegger, is pressing the FPPC to levy up to $25 million in fines for the violations.
Well... he... he... hell!!! Talk about yer Justice!!! Now if they'd turn right around and investigate The Alliance For A Better California just as hard... But No... ho... hoooo!!!
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