CA: Judge holds off decision in Schwarzenegger campaign cash suit

Monterey Herald ^ | 3/4/05 | Tom Chorneau - AP

[NormsRevenge]

SACRAMENTO - Even as big money begins to roll into a campaign fund supporting Gov. Arnold Schwarzenegger's ballot measures, a superior court judge delayed a ruling Friday in a lawsuit that could limit the governor's role in raising money for the special election later this year.

Attorneys representing Schwarzenegger and a political committee organized by Schwarzenegger allies had asked Judge Michael Virga to exclude a consumer group from helping to defend a state rule that caps donations to candidate-controlled committees.

The California Public Interest Research Group, CalPIRG, wants court approval to join a lawsuit brought by the governor and the Citizens to Save California that seeks to overturn the contribution limit imposed by the California Fair Political Practices Commission.

Although Virga issued a tentative ruling Thursday supporting the governor's claim that CalPIRG would add nothing substantive to the case, he backed away somewhat after hearing oral arguments Friday.

Virga said he would take the issue under submission and rule soon, although he didn't say when.

The two sides are at odds over a regulation adopted by the commission last summer that restricts how much money donors can give to ballot measure committees run by officeholders. The commission acted to close a loophole that allowed Schwarzenegger and other elected officials to accept unlimited contributions in support of ballot measures.

Schwarzenegger had used the loophole to his advantage both in the 2003 recall election and last year.

Now, the governor has said he needs to raise $50 million to support proposed constitutional amendments that he wants to put before voters in a special election expected in November.

A complaint filed last month by TheRestofUs.org, a nonprofit political watchdog organization, with the FPPC has alleged that Schwarzenegger is running the Citizens to Save California organization - a charge that if sustained would limit contributions to the group to no more than $22,300.

The governor has argued that the limit is arbitrary and limits his constitutional rights to participate in an election.

While the issue remains pending before the courts, Citizens to Save California is already accepting big cash donations far in excess of the potential limit.

Spanish-language television magnate, A. Jerrold Perenchio, for example, has given $1.5 million to Citizens to Save California. Marlin Burham, head of a San Diego-based real estate firm donated $50,000, while residential homebuilder, KB Home, kicked in another $30,000.

If the court rulings go against the governor and Citizens to Save California, contributions over the $22,300 may be required to be returned, officials said.

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On the Net

http://www.governor.ca.gov/state/govsite/gov_homepage.jsp

Gov.'s home page

http://www.pirg.org/calpirg/

California Public Interest Research Group

[calcowgirl]

Governor hits the money trail