8. Public Money

Ballot Measures
Unlawful to use public resources for express advocacy. Okay to provide information about possible effects of bond or ballot measures. (Calif. Govt Code § 8314 - civil; Calif. Govt Code § 54964(a) - criminal)

Express advocacy very narrowly defined in recent years. Explicit words of action advocating election or defeat of candidate or ballot measure. Gray Davis sued group for not filing contributors statement (Political Reform Act) - 88 Op. Atty Gen. Cal. 46 (April 7, 2005), citing Governor Gray Davis Com. v. American Taxpayers Alliance 102 Cal.App.4th 449 (2002).

TV ad accused Davis: "pointing fingers and blaming others" to avoid responsibility for the energy crisis that "left us powerless" - 88 Op. Atty Gen. Cal. 46 (April 7, 2005), citing Governor Gray Davis Com. v. American Taxpayers Alliance 102 Cal.App.4th 449 (2002). Gray lost - no explicit words, "issue oriented", robust political debate.

Words such as: 'vote for', 'elect', 'support', 'cast your ballot', 'vote against', 'defeat', 'reject', 'sign petitions for' or otherwise refers to clearly identified candidate or measure... communication, taken as a whole unambiguously urges particular result in election. Cal. Code of Regs., tit. 2, § 18225(b); Vargas v. City of Salinas, 135 Cal. App. 4th 361 (2005); reh. den. Jan. 26, 2006

Lengthy Analysis - VENTURA MEASURE B - Postcards, News Release, Emails, Phone Calls, Reporting requirement of Fair Political Practices Act [pdf].