Masking pro-Prop 8 names violates disclosure law

California Attorney General Ed Brown says that hiding the names of contributors to the Yes on Proposition 8 campaign would be a violation of freedom of information.

Earlier this month, the Yes on Proposition 8 campaign asked a federal court to conceal the names of donors, saying the reports have led to the harassment of contributors.

The lawsuit cites a series of incidents in which those who gave money to support Proposition 8 received threatening phone calls, e-mails and postcards. One woman claims she was told: “If I had a gun, I would have gunned you down along with each and every other supporter.”

In a legal brief filed with the court, Brown says the court should deny the group’s request.
“Political democracy demands open debate, including prompt disclosure of the identities of campaign donors,” Brown said. “Backers of Proposition 8 should not be allowed to carve out a special privilege of anonymity for themselves alone.”

The brief, filed with the U.S. District Court for the Eastern District of California, contends that Proposition 8 supporters do not meet the criteria for the limited exemption to valid campaign disclosure laws - an exemption developed by the Supreme Court to protect the ability of historically persecuted minority parties to engage in political speech.

The brief notes that supporters of Proposition 8 are a well-financed association of individuals who raised nearly $30 million in support of a ballot measure that received 52.3 percent of the vote.

” There is no risk that disclosure of donors will harm their ability to organize or otherwise pursue their political views,” Brown said.

“Additionally, there is no justification to shield donors from post-election reporting requirements. Rather, these requirements help to prevent kickbacks, laundering, and other improper uses of campaign funds.”

Brown said that any instances of violence or harassment against donors “are deeply regrettable,” but California’s civil and criminal justice systems are the appropriate venues to seek relief from potentially illegal conduct.

California campaign finance disclosure laws result in more speech, not less, and the public’s interest is better served in this case by requiring disclosure from those supporters of Proposition 8 who donated $100 or more the brief said.