More Papers in the FPPC case

You can find Gov. Schwarzenegger’s points and authorities here and Tony Quinn’s declaration here. Tony’s declaration is important and, in my view, wrong. Like Bob Bauer (see here) Tony tries to show historically that candidates (particularly governors) support or oppose ballot measures purely for policy reasons and not for reasons of reelection. I think history proves otherwise. Moreover, Tony says there’s no danger of corruption from large contributions to ballot measure committees. But he fails to take into account the relatively recent phenomenon of contribution limits to candidate committtees. Before, someone could give as much money as he wanted to a candidate’s campaign committee. Now, someone who wants to support the governor (or curry favor with him) is limited to a donation of under $25,000. But that supporter knows that the governor’s perceived success—and hence his reelection chances in 2006—may well depend on how well the governor does in the expected Nov. 2005 special election. And the governor wants lots of money to fund his efforts, $50 million in fact. So the danger of corruption and the appearance of corruption raised by contributions to candidate-controlled ballot measure committees is very high, thanks to this new environment of contribution limits to candidates and lawmaking through the ballot box.

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