When Republican voters in San Diego County open their June sample ballots in the next few weeks, most will see something new — a color GOP fundraising appeal in the middle of the other usual black and white pages, touting the party’s locally supported candidates and positions on ballot measures.
When San Diego Democrats glance at their versions of the sample ballot, they obviously won’t see the Republican advertisement. Yet, they also won’t see one of their own.
A little known and perhaps long forgotten 1970s-adopted section of the California Elections code requires every county Registrar of Voters to provide to each party committee the space for a letter or insert of solicitation in the June voter pamphlet. This year local Republicans submitted an advertisement, then yesterday successfully fended off a legal challenge over its contents in Superior Court.
As only the Republicans will have such a sample ballot letter during the primary election, this is — to slightly paraphrase the words Vice President Joe Biden utilizes to describe something of significance — a "big freaking deal."
In essence, the law allows for such a ballot pamphlet inclusion as long as the letter or insert asks for money, explains how the funds will be spent, and not speak ill of another political party. The cost of the solicitation must also be borne by the local party.
Sporadic use of such sample ballot solicitations by county parties has occurred, most recently in Los Angeles (both Democrats and Republicans) and Yolo County (GOP), but mostly the provision has gone unnoticed — and thus unused.
This year the Republican Party of San Diego County opted to avail itself of this right, making sure the requirements were followed to the point, while designing a letter with the ultimate creativity and impact, according to local GOP Chairman Tony Krvaric. The Republican insert went on the Registrar’s website for "public review," along with many other materials slated to be included in the June sample ballot such as candidate statements, ballot measure arguments and the like.
View the GOP letter here, as posted on the San Diego Registrar’s website during the recent public review period.
The last day of the period, April 5, the GOP received notice of a lawsuit filed by Tom Kunde, a union organizer with International Brotherhood of Electrical Workers (IBEW) Local 569, claiming the insert as unlawful. The basis of the suit was that although the state law does allow for a party fundraising appeal, that doesn’t include a party advocating for candidates or taking positions on ballot propositions.
Kunde is a registered Democrat, so would not be receiving the voter pamphlet in question, but no doubt the stakes are large with the Republican Party using the sample ballot to weigh in on high-profile measures like County Supervisor term limits and volatile labor-related issues in Chula Vista, San Diego and Oceanside. As well, the insert also touts — among others — the GOP endorsement of city council candidates such as Larry Breitfelder in Chula Vista and Lorie Zapf in San Diego, both running in key labor battlegrounds, the two largest municipalities in the region.
More specifically, the local unions’ opposition to the Chula Vista "Fair and Open Competition" ballot measure — which would ban the use of controversial Project Labor Agreements in municipal construction contracts — could be reason enough for a challenge against the GOP having its position in favor of the measure in front of thousands of voters.
Krvaric says the Republicans wouldn’t be intimidated by the challenge, engaging both local party General Counsel Bill Baber and the State Party’s General Counsel Chuck Bell.
Yesterday, Superior Court Judge Jeffrey Barton rejected the lawsuit, in essence affirming the right of local parties to use the voter pamphlet to solicit for funds while describing their endorsed candidates and ballot measure positions, thus not limiting the sample ballot insert to simply requesting donations.
While the law allows for a monetary request, the GOP’s form of solicitation was to describe its supported candidates and positions. To remove that description, the court would have been telling the Party how to solicit. It’s not a judge’s role to tell any party how to make the financial request, Republicans argued, as long as the law is followed. Judge Barton agreed.
In so doing, the Republican voter pamphlet will have the lone such letter.
GOP Chairman Krvaric is emboldened by the victory. "This was a dirty trick by local union operatives," he declared, "to intimidate the Republican Party of San Diego County from fundraising and advocating for its endorsed candidates and initiatives.
"We appreciate that the judge struck down their attempt to prevent the party from including its insert in the sample ballot for the upcoming June election, as provided for by law.
"Let there be no doubt that the Republican Party of San Diego County will always vigorously support its endorsed candidates and initiatives, and stand up for its First Amendment rights."
The local Democrats didn’t put up a legal battle, perhaps not wanting to limit their future rights, although local Democratic Party chairman Jess Durfee was in the courtroom yesterday afternoon watching the proceedings, not seemingly pleased after Judge Barton issued the ruling in favor of the GOP. As the Democrats did not declare their intent to submit a letter to the Registrar within the required timeframe, Durfee will now have to wait until 2012.
In the ever increasing complexity of campaign contribution limits, independent expenditure committees, party member communications, and ethics commissions, the Republican Party may have gotten one over on the competition this time. Yet, the decision clears the way for other county central committees, regardless of political party, to utilize the provisions in the state law to not only raise necessary funds but also promote their party’s values and endorsed candidates and ballot initiatives.
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