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James V. Lacy

Slate mailer racks up $84,000 fines

The Nonpartisan Candidate Evaluation Council owes the Secretary of State over $84,000 in fines for failing to disclose its finances.  I was a little stunned by this report.  As readers may know, I am involved in the slate mail business as well as running my law firm.  Nonpartisan is a venerable but aging slate mail organization that has successfully mailed millions and millions of slates over the last 50 or so years of operation in California.  It generally helped Republican candidates.  Over the years, its operating management has changed several times, with notable consultants including Allan Hoffenblum and Dave Gilliard doing a good job of managing its program, and Shawn Steel later involved in its oversight.  I had some limited ties to it during the 2004 cycle.  But the operating management changed again around 2004, and the slate mailer, according to a published report, and study by the Sacramento Bee, completely stopped filing disclosure reports in 2007.   Nevertheless, it mailed slates in the 2008 election cycle.  The Bee determined that $888,730 in late filing fines were due the Secretary of State by various PACs and candidates statewide, including the West Covina Firefighters Association, which owes $27,000.   But Nonpartisan’s outstanding unpaid penalty due of $84,000 was the single largest Secretary of State fine.