Hot on the heels of the record $350,000 fine levied against Sen. Migden, the Fair Political Practices Commission is now suing her for $9 million "for her consistent and deliberate failure to follow California's campaign laws."
The commission's filings indicated that Migden's actions hid the true nature of her campaign accounts from state regulators, potential opponents, the media and the public generally. She failed to report a number of large transactions entirely, while reporting other large transactions which simply never occurred.
"For years, Senator Migden has been deceiving the voters of California by filing inaccurate campaign statements, fabricating the elimination of committees and concealing campaign funds," said FPPC Chairman Ross Johnson. "The sophisticated and pervasive pattern of deception by her various controlled committees has been ongoing for more than five years."
Earlier this month, Migden was fined $350,000 by the commission and admitted to 89 violations of the Political Reform Act. During the months-long investigation that resulted in that record fine, the enforcement division also uncovered multiple illegal transfers of approximately $1 million of surplus campaign funds that occurred over several years and were funneled through multiple committee accounts controlled by the senator. Additionally, the investigation found the filing of untrue campaign statements and a pattern of concealment through consistent misreporting of campaign information.
The commission maintains that nearly $1 million in Migden's 2000 Assembly re-election committee became surplus by operation of law when she left the lower house in December of 2002 and are not legally available for her to use in her current Senate re-election campaign. The surplus funds law has been on the books for nearly 30 years; however, Migden sued the FPPC arguing she should be allowed to use $647,000 of those funds that remain.
This is a countersuit to the Migden lawsuit noted in the last paragraph. Obviously this isn't good news for her, coming on the heels of that already-substantial fine. And this is going to make what was an uphill campaign that much more difficult for her to win.
As previously reported, Carole Migden was recently hit with the largest fine in the history of California's Fair Political Practices Commission ("FPPC"). She was found guilty of 89 separate violations of California law and fined $350,000.
The record FPPC fine, however, is only the tip of the iceberg for Senator Migden. She still has several unresolved violations of California law, which the FPPC chairman calls "serious and deceitful." Rather than letting the FPPC proceeding run its course, Senator Migden chose instead to join forces with radical right wing Republicans by filing a lawsuit in Federal Court to declare California's campaign finance laws unconstitutional. Senator Migden is happy to undo years of valuable campaign finance reform just for a shot at saving herself from her clear violations of the law.
This is the long and sordid tale of Senator Migden's numerous violations of California law. It is a tale not only about her recent lawsuit (Migden v. The Fair Political Practices Commission), but also a tale about Carole Migden's serious and deceitful assault on the notion of fair political practices in general (Carole Migden versus fair political practices). It will take a while to unravel the mess that Carole Migden has created. So grab a beverage, get a comfy chair, and hold on for the ride . . .
Bad boys, bad boys. What'ca gonna do? What'ca gonna do when they come for you . . .
The Fair Political Practices Commission today fined Senator Carole Migden $350,000 for 89 separate violations of California law. This is the largest fine levied by the FPPC. Ever. The fine included 89 violations between 2003 and 2007, and included allegations that she used campaign funds for her personal use.
In a separate dispute that has not yet been resolved, Carol Migden is accused of illegally using $1 million in funds for her Senate re-election campaign. After spending almost half of the funds, Migden filed a lawsuit against the FPPC in Federal Court alleging that the California law for which she voted (Prop 34) is unconstitutional. I'm planning to write much, much more about Carole's lawsuit over the weekend as we prepare for the hearing next week of Carol's Motion for Preliminary Injunction.
[I tried to find a picture of Migden in a black and white striped jumpsuit. Pinstripes will have to do. For now.)
UPDATE: I tracked down that video report on the SD-03 race from NBC 11. I moved some stuff over the flip to make room.
Last week, Senator Carole Migden sued the FPPC, alleging that Proposition 34 was unconstitutional. Interestingly, in 2000, when in the Assembly, Migden voted in favor of placing the proposition on the ballot.
Why the dramatic shift in positions? Well, as Randy Shaw pointed out last week, Migden has over $1 million that is in question in this case. Unless Prop 34 is somehow struck down, she cannot use that money. And that's the bulk of her cash on hand. SmartVoter has more information about Prop 34 here. But, here's a quick recap of what it did: (Over the flip)
In a rather unsurprising move, Joe A. Veronese dropped out of the primary race for Senate District 3. Joe Alioto Veronese was lagging behind Asm. Mark Leno, former Asm. Joe Nation, and incumbent Carole Midgen. With Nation's entry into the race, it gave the SF police commissioner a tough time trying to argue that he was the candidate for Marin. Nevertheless, we'll be seeing Joe Alioto Veronese again, of that I can assure you.
In terms of the SD-03 race, well, I have to imagine that this favors Mark Leno. In Leno's recent David Binder poll, JAV was pulling about 7%. Given the demographics, Leno will be in the best position to pick up those votes. Specifically, Leno is stronger in the Marina and North Beach neighborhoods where JAV was strong than Senator Migden has been in the past. This might even help him become the front-runner. I'm not sure the endorsement would make a huge difference, but it might help Nation to grab a few SF votes if he gets the JAV nod.
(I've written lots about SD-03, but Randy Shaw is quite knowledgeable about the race and has some interesting news about this poll. - promoted by Brian Leubitz)
My boss, Randy Shaw, wrote the following for today's BeyondChron.
A poll taken last week by David Binder found State Senate District 3 a two-way contest between challengers Joe Nation and Mark Leno, with incumbent Carole Migden trailing badly. Binder, who is San Francisco's leading pollster and has been busy surveying for Barack Obama, found that Nation led Leno 27-24% on the initial ask, with Migden trailing at 17%. When pro and con statements about the candidates were read, the Leno-Nation numbers reversed, with Migden remaining at 17%. Joe Alioto Veronese was at 7 and 10%, and nearly a quarter of the electorate remains undecided. The poll spells deep trouble for Migden, who is having fundraising problems and still faces possible legal action by the Fair Political Practices Commission for alleged campaign financing violations. The poll raises the question whether Migden should pull out of the race in order for the seat to remain in the hands of a San Francisco progressive from the queer community - an analysis recently advanced by one of the incumbent's most prominent supporters.
With no presidential primary on the statewide ballot, voter turnout in June is expected to be abysmal. Which means that Proposition 98 - the extreme right-wing measure to abolish rent control, basic tenant protections, environmental regulations and water laws - could actually pass. But with term limits forcing many state legislators out of office, there will also be a number of competitive June primaries - creating the potential to drive up voter turnout in the state's more progressive pockets. If Democratic candidates for Assembly and State Senate make the defeat of Prop 98 a central part of their campaign, they could help it go down in flames. Candidates who mobilize to defeat it would also benefit - as it will help them connect more strongly with the Democratic voters in their district.
XPosted 2/13/2008 9:32 PM PST on MyDesert.com on BluePalmSpringsBoyz blog
I just received this invitation from State Senator Carole Migden, Palm Springs Mayor Pro-Tem Ginny Foat, and The Victory Fund to brunch to support Greg Pettis for the CA 80th Assembly District to replace the termed-out Bonnie Garcia.
"It's late to be getting in in some respects," Nation said after his announcement in a patch of wetlands near the Petaluma Marina on Saturday. Migden and Leno have been campaigning for more than a year already, while Veronese began only slight later, he said.
But Nation said he was "thrilled" by poll results showing a dead heat between him, Migden and Leno if he entered the race, with lesser known Veronese trailing.
"I know it will be a sprint," he said, but plans to take a leave from his consulting work, allowing more time to campaign. "I more or less have 16 hours a day, seven days a week to work, and I think I can get it done," he said. (Santa Rosa Press-Democrat 2/9/08)
The polls he references are internals, of course, but I'd expect that to be fairly reasonable. Nation has decent, but not great, name ID in the district from his days in the Assembly and from his ill-fated run against progressive Democrat Lynn Woolsey. However, I would imagine that there are a lot of people who remember the guy well. He's a pretty smart guy when it comes to policy, that has never been the question.
The question of how this affects the race are quite numerous. It substantially diminishes Joe Veronese's chances, given that the son of Angela Alioto was trying quite hard to lure those North Bay constituents. Nation's entrance into the race puts that much more incentive for SF to either rally around one candidate, or face the possibility of being represented in the Senate from outside of the County.
Either way, it is even more clear that SD-03 will be the most interesting legislative primary this year.
In 12 months, we will look back at 2008 and say that "change" was the buzzword in American politics. Iowa caucus voters put change above experience, giving Barack Obama a solid victory and John Edwards the second prize. Every presidential candidate now says they are about change - whether or not it's credible - and it will be the dominant theme in races at the federal, state and local level. In the June State Senate race, Mark Leno - who calls himself "the best choice for change" - will benefit from this trend, while incumbent Carole Migden will regret that she ever said "I am the status quo" at their first debate. Progressives who lament that Mayor Gavin Newsom was just re-elected without a serious challenger can take umbrage that 2008 will be a year about change. And candidates running for local office need to start thinking how they will adapt.
I don't normally comment too much on the FalseReport. It's just generally not worth my time to quibble with inanities. And my disagreeing with those folks would kind of be a little too expected. So, I generally focus on those who are supposed to be "balanced." But, I've been tempted by this little piece of so-called analysis on SD-03 by Yolo County Supe Matt Rexroad (hey, Yolo, WTF? Do you let just anybody become supervisor?):
In a one on one race with Migden and Leno -- I like Leno's chances. He is every bit as liberal only he is much nicer. That is not saying much. Leno had done a great job of gathering up all of the anti-Migden forces until others started having the same idea.
"Another clinging on to glory days" Alioto jumped into the race. He divides the anti-Migden forces once. Now Joe Nation has opened an account. He is a former Assemblyman from Marin County that might make a play for the Marin County part of the district. He would divide the anti-Migden forces again..and almost certainly hand her re-election.
The problem with this? Well, apparently Mr. Rexroad didn't bother to talk to anybody who knows the district, knows the personalities involved, or do any research whatsoever on this before he wrote this. If he had, he would have seen a few statements like this from people who actually know the San Francisco-based district. From Luke Thomas, a local photographer/journalist:
Conventional wisdom, however, suggests Nation, who lives in San Rafael, will likely draw votes away from incumbent Senator Carole Migden who is already facing stiff challenges from Assemblymember Mark Leno and San Francisco Police Commissioner Joe Alioto-Veronese. (FogCityJournal 11.28.07)
Or this analysis from one of the top pollsters in the City, probably the state, David Latterman of Fall Line Analytics :
David Latterman, president of Fall Line Analytics, a San Francisco-based polling company, said Nation's potential entrance into the race "hurts Carole" Migden. That's because while both Migden and Leno are well known in San Francisco, a Nation candidacy could take Marin votes away from Migden, which Leno has never represented, he said. (SacBee CapAlert 11.16.07)
Now, I'm not saying that Mr. Rexroad couldn't be right, it's just that he's not even close to being right. He frames this as a race between Senator Migden vs. Not-Senator-Migden. And that's just not the way this works. Assemblyman Leno and Fmr. Assemblyman Nation both have their own name IDs. Mr. Nation isn't so popular up as he once was in the North Bay considering his primary challenge to Lynn Woolsey. (By the by, Rep. Woolsey doesn't look like she's set to let that incident go so quickly either.)
Oh, and apparently Mr. Rexroad also missed the latest self-injection of cash into Sen. Migden's campaign. The funny thing is here that Mr. Rexroad actually seems to well, dislike Sen. Migden. Now, that's probably a badge of honor for a progressive like the good Senator, but the article is an odd way of stating that distrust. Maybe next time Mr. Rexroad spills pixels, he'll think of making sure that he has a solid grip on the facts.
I wrote this for today's Beyond Chron, San Francisco's Alternative Online Daily.
It's often hard to assess which candidate "won" a debate, but a few basic conclusions can be drawn from the November 17th State Senate forum, hosted by the Harvey Milk LGBT Democratic Club: (1) State Assemblyman Mark Leno and Senator Carole Migden agree on most issues ideologically, (2) the third candidate, Joe Alioto Veronese, is more politically moderate, and (3) there is harsh acrimony between Leno and Migden - which has made the race far more divisive than it needs to be. Progressives have no one to blame but themselves if the race gets so nasty that Leno and Migden kill each other, though it is very unlikely that Veronese would eke out a victory under such circumstances. But Leno and Migden have a distinct difference in style, temperament and priorities - and that is where progressive voters deserve a clear choice in the June primary. As Veronese said at the debate, "we're all here today because we have a contested race."
The backers of the California Hidden Agendas Scheme have worked really, really hard to press the idea that they stand for real eminent domain reform. But, oh, by the way, their proposed initiative would also eliminate rent control and restrict our ability to build water projects and a whole host of other projects. Nope, the Hidden Agenda is all about tagging along other "reforms" with the eminent domain reform initiative.
Over the flip you'll find videos of a number of elected officials and community leaders. So, Flip it!
Randy Shaw wrote the following article for today's Beyond Chron.
The absence of a competitive mayor's race in San Francisco has left some with pent-up energies demanding an outlet. This became clear with the imbroglio at the Milk Club last week, as passions reached a boiling point over a June 2008 State Senate that is actually three elections away. Why such a furor around this race, and what is it really about? Is the race a proxy fight between pro and anti-Newsom camps, a fight for the "soul" of the gay, lesbian and transgender community, and/or a litmus test on the morality/value of challenging incumbent Democrats? Is it a question of which candidate is more aligned with corporate San Francisco, and/or the fabled Brown-Burton political machine? The Leno-Migden struggle has been defined as all of these things, but the contest should really only be about one issue - which candidate will more effectively serve the district.
If you've read this blog long, you'll know I support Mark Leno in SD-03. But you'll also know that I support the concept of primaries in the abstract. Primaries are a part of our system that is integral to a people-powered movement. It puts the voters, not the political machine, in charge of who gets the nomination. While it isn't perfect, it's as Churchill would say, the worst system except for all the others.
And that's why I'm disappointed by what I saw at the Harvey Milk LGBT Democratic Club in San Francisco last night. Over...
Well you know I took public transit, right? I'm normally kind of bad about using the car, but I really took the MUNI, I promise. It seems it would just be too hypocritical to drive to a public transit rally. (plus, it would have been slower to drive). Anyway, I digress from the point about the two rallies I attended.
The first was for It's OUR healthcare. They even have a live feed of the event. Hey that's cool. At this Civic Center Rally political leaders like Supervisor Tom Ammiano, Asm. Mark Leno, and Senator Carole Migden signed a letter for the Governator. Just to let him know what's up, and what's down, with his health care plan. Also at the event was some people talking about how their particular Holy Books affect this debate, giving a spiritual element to this story.
The next rally had an entirely different tone. It was a rally for public transportation and against Gap Founder, and GOP major donor, Don Fischer. It seems Fischer has given about $80K so that he can park his many vehicles wherever he wants in the city. Specifically, he has helped fund the campaigns of Yes on H and No on A. The Campaign sent out a pretty dishonest mailer (PDF here) this week, and now, well, he's getting his name in the headlines.
Board President Aaron Peskin, along with labor and transit leaders, spoke about the importance of defeating Prop H. Furthemore, SF Democratic Central Cmte. member talked about the role of Fischer in Republican politics in general. He's given hundreds of thousands of donors to some of the worst politicians across the country, including the Worst President Ever. While some politicians have felt it appropriate to praise him, that doesn't take away what he's done to promote class warfare.
To the tune of 12 for 12. 12 Vetoes for 12 Good Bills. That kind of record would make even the Colorado Rockies smile. And it's sure making the Cal Chamber of Commerce smile.
In recent years, the chamber has focused much of its lobbying firepower on an annual list of "job killer" bills. This year, Schwarzenegger complied with 12 out of 12 chamber requests for vetoes on those bills. In 2006, he vetoed nine of 11 bills that the chamber listed as job killers.
"The chamber has had more success than most in getting vetoes," said Steve Blackledge, legislative director for the California Public Interest Research Group, a consumer advocate. "They draw a bright line in the sand and say, 'These bills have to be stopped.' They've got the governor as their backstop."(LAT 10/16/07)
In February, Californians will vote on Proposition 93 - which would modify the term limits law for the state legislature. Supporters claim that it will help legislators serve longer, but reducing the total length of time one can serve in the legislature (from 14 to 12 years) will cut short the career of some officials. In June, Assemblyman Mark Leno will challenge Senator Carole Migden in the 3rd District. If Prop 93 passes in February and Leno prevails in June, he could not run for another Senate term in 2012 - but Migden would be able to if she wins.
While Prop 93 would shorten Leno's career, the measure's drafters were eager to create loopholes for other legislators to avoid a similar pitfall. Under an earlier draft of the measure, State Senate President Don Perata would have been ineligible to run for another term; when the drafters of Prop 93 realized this, they promptly fixed the situation. Incumbents like Migden also got an escape clause so they can run again. Prop 93 is not about extending the term of all state legislators -just the ones who are currently in power.
Bad boys, bad boys. What'ca gonna do? What'ca gonna do when they come for you . . . 