It really isn’t called "soft money" much anymore, but in the wake of the U.S. Supreme Court’s decision inthe Wisconsin Right to Life case gutting key provisions of the McCain-Feingold law, our firm has received a number of inquiries from clients about how to comply with rules in this new era, where bona fide issue advocacy communicationsin elections that mention the names of elected officials will benefit from more constitutional protection and less regulation, not just in Federal elections, but in all elections.

Keeping in mind all the general disclaimers that we can’t provide legal advice over the internet and that regulation of these communications is highly fact related, here are some general considerations for issue advocacy groups, PACs, and candidates at the Federal and state level who must consider issue-oriented communications after Wisconsin Right to Life:

Acommunication is not protected issue advocacy if:

– it appears to have the overall major purpose of supporting or opposing a specific… Read More

I’m on the Drafting committee that will take up the Party Platform this weekend, and honestly, I find myself in a position that doesn’t line up well with either "side" on the Platform debate. I think we need a one-pager that is sort of a "Declaration of Independence" document, which boils down in pithy language "these truths to be self-evident." But I also think we needa "Constitution" like document that is more detailed. If you think about the Constitution, it isn’t a policy document, but rather a framework document that helps shape policy. It isn’t about nit-noid detail, but rather a template over which all policy decisions should be laid. I don’t think our Platform has to be lengthy, but it should be distinguishing and unique, so that our Party identity is not in question when the document is complete. I also believe it should be positive and inspiring, so that even if people don’t fall lock in step with every line of it, they don’t feel attacked or diminished in importance to the Party.

Having said that, I’m in a quandary about one line of the drafts I’m seeing in my… Read More

Fox News noted yesterday the brewing philosophical battle heading into this weekend’s convention over the California Republican Party Platform, i.e, whether the GOP’s statement of principles should be conservative or moderate.

Governor Schwarzenegger would like a shorter, more inclusive statement,a one-pager, addressing only the topics he believes are important to the State. Few, if any, social issues. The FlashReport’s own Mike Spence is quoted in the story, leading the charge for conservatives who believe the Party should be clear and detailed about where it stands on the issues of the day.

Go back 12 or 16 years and you would find the same story heading into any every-four-years platform adopting convention, Pete Wilson troops on one side, and the head of the California Republican Assembly quoted on the other. The debate was — and is — healthy.

Yet, I can do better than simply one page. To ensure the GOP is open to everyone, and doesn’t offend anyone at all, let’s make it even more succinct. To the Platform Committee and Convention delegates, may I offer the following suggestion:… Read More

Tomorrow will mark the opening of the California Republican Party’s Fall Convention in Indian Wells, out in the Palm Springs area. At this convention, delegates will have the opportunity to take positions on initiatives that are going to appear on the February ballot (or beyond). Based on the extremely positive feedback that I have received on my resolution to put the CRP on record as opposing the Don Perata/Fabian Nunez Term-Limits End Run Initiative (yes, their very own ballot measure, funded with politically extorted special interest donations, to extend their time in office for many more years), it would appear that there will be overwhelming opposition to this attempt to weaken term limits… I am pleased that four important state Republican leaders, all former Chairman of the California Republican Party, have weighed in with an important message to CRP members…

JOHN HERRINGTON… Read More

Tomorrow will mark the opening of the California Republican Party’s Fall Convention in Indian Wells, out in the Palm Springs area. At this convention, delegates will have the opportunity to take positions on initiatives that are going to appear on the February ballot (or beyond). Based on the extremely positive feedback that I have received on my resolution to put the CRP on record as opposing the Don Perata/Fabian Nunez Term-Limits End Run Initiative (yes, their very own ballot measure, funded with politically extorted special interest donations, to extend their time in office for many more years), it would appear that there will be overwhelming opposition to this attempt to weaken term limits… I am pleased that four important state Republican leaders, all former Chairman of the California Republican Party, have weighed in with an important message to CRP members…

Yesterday, The Desert Sun reported what everybody that lives in a community with an Indian gaming facility in or near it already knew.Areas with tribal gaming prosper.

The Sun’s article "Study: Gaming boosts opportunities on reservations – Report finds reduced rates of poverty, higher incomes, better education options", reports "Tribal gaming in California has reduced poverty and improved employment, incomes and educational opportunities in communities near casinos, according to a University of California, Riverside study….

The study, published in UCR’s ‘Policy Matters’ edition, is titled ‘Lands of Opportunity: Social and Economic Effects of Tribal Gaming on Localities.’" The UCR study concluded "[m]edian income levels rose more significantly among families within 10 miles of a gaming reservation – from $32,515 in… Read More

The battle over eminent domain continues in the Capitol. On one side is the initiative sponsored by the Howard Jarvis Taxpayers Association (HJTA) to solve the problems presented by the US Supreme Court in the Kelo v. City of New London case. On the other are the defenders of the status quo, the League of California Cities and the California Redevelopment Association. Also on the side of big government are some of those who benefit financially from the exercise of government power, groupsthat use government influence, and the exercise government power for personal gain.

As an attorney, prior to my time in the Legislature, land use, property rights, and abuse of government power in the control of property was a specialty of mine. I started my stint in politics as Chair of the Citizens For Property Rights in Riverside County and spent much of my time arguing for the rights of landowners on my local Planning Commission. As one of the most ardent supporters of property rights, my friend, Gil Ferguson once adamantly insisted that the Republican Caucus to listen to my counsel on the issue. He knew, as I know, that every freedom we have, freedom of… Read More

[Publisher’s Note: After this was written, it was announced to the world that Luciano Pavarotti passed away on the island of Sicily, Italy – Flash]

The French novalist, Emile Zola, once wrote, "Iam an artist… I am here to live out loud." Zola was agreatartist, and was also involved in politics, bravely standing up to the anti-Semitism of the Second Republic in France and exposing the so-called Dreyfus affair in the military. He was shunned, but lived to be a hero.

Luciano Pavarotti is no politician. Reports today are that he is dying in Modena, Italy, his hometown. But he was surely an artist that was "here to live out loud." And how loud! The first Opera I ever attended was with my dad and a Catholic priest at the San Francisco War Memorial Opera house in 1966, where as just a boy I heard a young man named Pavarotti sing a Rudolfo in Puccini’s "La Boheme" that literally blew away the crowd. I didn’t fully know what I was hearing at the time, but I knew it was special. San Francisco Chronicle columnist Herb Caen wrote… Read More