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Monday, November 12, 2012

Release of donor records ordered

The California Supreme Court on Sunday ordered the Arizona non-profit that has spent $1.5 million to oppose two ballot initiatives to turn over donor records to California's campaign-finance watchdog.

Americans for Responsible Leadership, which has also poured $11 million into two California campaigns, immediately asked for a temporary stay until 9 a.m. today to produce the records for the California Fair Political Practices Commission.

The group in a letter to the court said it requested the stay to seek emergency relief from the U.S. Supreme Court. It intends to file an emergency-stay application with Supreme Court Justice Anthony Kennedy.

Among other arguments, Americans for Responsible Leadership has said in court filings the commission is attempting to infringe on its constitutional rights to engage in political speech.

The Fair Political Practices Commission has been trying to force Americans for Responsible Leadership to turn over records to determine if the group is adhering to state law. Commission chairwoman Ann Ravel says state law requires donors to be identified if they intended the money to be spent on a campaign, even though federal law allows non-profits to keep secret donor identities.

According to records filed with the Arizona Secretary of State, Americans for Responsible Leadership as of Nov. 1 gave $925,000 to defeat Proposition 204, a tax measure that would ensure a permanent source of funding for education by extending the temporary 1-cent-per-dollar sales tax, and $575,000 to oppose Proposition 121, which would establish a new primary-election system.

The group is led by former state House Speaker Kirk Adams, who did not return a call seeking comment on Sunday's developments.

Robert Graham, a businessman running for state Republican Party chairman and listed on public records as a group director, has told The Arizona Republic, "We have received contributions from all types of individuals and entities," in Arizona and out of state.

Matt Ross, a publicist for Americans for Responsible Leadership's legal team, said he was disappointed by the ruling.

"While we are working to deliver the records, we still believe that the FPPC does not have the authority to take such action and have filed a request for immediate stay with the United States Supreme Court," he said.

Ravel told The Republic late Sunday it is unclear how soon the public could learn who is behind Americans for Responsible Leadership. She said commission staff had planned on reviewing the group's documents overnight, until the request for a stay was filed.

"What that does for disclosure, I don't know," she said. "It's further evidence of their using every possible delay tactic that they can dream up to avoid having to produce any information and following the law in California."

Ann-Eve Pedersen, chairwoman for the campaign for Prop. 204, questioned whether any disclosure that could result from the audit would make a difference this close to Election Day, but said she still believed disclosure is crucial.

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