From the Associated Press
Judge rules OC political campaign account transfer ban unconstitutional
Wednesday, January 7, 2004
A judge ruled that Orange County's ban on transferring funds from one
political campaign account to another was unconstitutional.
Superior Court Judge David Chaffee's ruling will allow Assemblyman Lou
Correa, D-Santa Ana, to spend $340,000 from two state Assembly campaign
accounts in his race for county supervisor.
Citing a 1992 federal court decision that voided a state ban on such
transfers, Chaffee rejected the challenge filed by Brett Franklin, a Santa
Ana councilman and candidate for supervisor.
The judge said the ban amounted to a restriction on campaign spending and
violation of First Amendment free speech rights.
Correa criticized Franklin, noting that the state attorney general and
county district attorney had previously declined to enforce the county's
prohibition of campaign account transfers.
Franklin said he has not yet decided whether to appeal. He has 30 days to do
so.
Tuesday's ruling on a portion of a 1992 county political reform law could
affect other local races. Several state lawmakers representing Orange County
who are being forced out by term limits have been discussed as candidates
for the Board of Supervisors and district attorney.
There are two other candidates in the March primary race for the Board of
Supervisors seat being vacated by Chuck Smith of Westminster. Garden Grove
Mayor Bruce Broadwater and Westminster councilman Kermit Marsh were not
parties to Franklin's lawsuit.
©2004 Associated Press