State Legislature Considering Bill Designed to Limit Local Regulation of "Member Communications"

As this newsletter goes into circulation, a bill to limit local regulation of campaign expenditures known as "member communications" remains pending in the State Senate.

In February 2007, California Assemblymember Martin Garrick (R–Solana Beach) introduced a bill that would amend the state’s Political Reform Act. Assembly Bill (AB) 1430 attempts to prohibit local governments, including cities such as Los Angeles, from adopting ordinances that restrict communications between an organization and its members. These "member communications" are made by an organization or company to its members or employees. They are often used as a means of providing information about upcoming elections, including advocating the election or defeat of a particular measure or candidate.

Assemblymember Garrick and others argue that organizations should not be restricted from communicating with their members and should not be subject to local regulations. Some supporters of the bill include the Democratic and Republican Parties, the State Building and Construction Trades Council, the California Labor Federation, the California Pro Life Council, and the National Rifle Association. Others, however,including the California League of Women Voters, Common Cause, and the San Diego and Los Angeles Ethics Commissions, are concerned that AB 1430 could significantly affect the ability of local agencies to regulate, as well as the public’s right to know about, member communications that relate to local elections.

On May 8, the Ethics Commission voted unanimously to urge the City to oppose AB 1430. Letters were sent to both the Mayor and the City Council, and the matter was referred to the Intergovernmental Relations Committee. A report from the Chief Legislative Analyst also urges opposition to the bill.

AB 1430 has passed in the state Assembly and the Senate Elections, Reapportionment and Constitutional Amendments Committee, which heard the bill on July 10. The author introduced his bill, and committee members Senator Calderon (D–Montebello) and Senator Padilla (D–San Fernando Valley) spoke in favor of AB 1430. Various groups spoke in opposition to the bill, including Common Cause, and the League of Women Voters, and the Ethics Commissions from Los Angeles and San Diego also voiced their opposition to AB 1430.

The Committee voted 4-1 in favor of AB 1430, and the bill will now be sent to the floor of the Senate. For more information about the bill and its status, visit the Ethics Commission’s web site at http://ethics.lacity.org.

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