I’m on the Drafting committee that will take up the Party Platform this weekend, and honestly, I find myself in a position that doesn’t line up well with either "side" on the Platform debate. I think we need a one-pager that is sort of a "Declaration of Independence" document, which boils down in pithy language "these truths to be self-evident." But I also think we needa "Constitution" like document that is more detailed. If you think about the Constitution, it isn’t a policy document, but rather a framework document that helps shape policy. It isn’t about nit-noid detail, but rather a template over which all policy decisions should be laid. I don’t think our Platform has to be lengthy, but it should be distinguishing and unique, so that our Party identity is not in question when the document is complete. I also believe it should be positive and inspiring, so that even if people don’t fall lock in step with every line of it, they don’t feel attacked or diminished in importance to the Party.

Having said that, I’m in a quandary about one line of the drafts I’m seeing in my… Read More

It really isn’t called "soft money" much anymore, but in the wake of the U.S. Supreme Court’s decision inthe Wisconsin Right to Life case gutting key provisions of the McCain-Feingold law, our firm has received a number of inquiries from clients about how to comply with rules in this new era, where bona fide issue advocacy communicationsin elections that mention the names of elected officials will benefit from more constitutional protection and less regulation, not just in Federal elections, but in all elections.

Keeping in mind all the general disclaimers that we can’t provide legal advice over the internet and that regulation of these communications is highly fact related, here are some general considerations for issue advocacy groups, PACs, and candidates at the Federal and state level who must consider issue-oriented communications after Wisconsin Right to Life:

Acommunication is not protected issue advocacy if:

– it appears to have the overall major purpose of supporting or opposing a specific… Read More

Tomorrow will mark the opening of the California Republican Party’s Fall Convention in Indian Wells, out in the Palm Springs area. At this convention, delegates will have the opportunity to take positions on initiatives that are going to appear on the February ballot (or beyond). Based on the extremely positive feedback that I have received on my resolution to put the CRP on record as opposing the Don Perata/Fabian Nunez Term-Limits End Run Initiative (yes, their very own ballot measure, funded with politically extorted special interest donations, to extend their time in office for many more years), it would appear that there will be overwhelming opposition to this attempt to weaken term limits… I am pleased that four important state Republican leaders, all former Chairman of the California Republican Party, have weighed in with an important message to CRP members…

Tomorrow will mark the opening of the California Republican Party’s Fall Convention in Indian Wells, out in the Palm Springs area. At this convention, delegates will have the opportunity to take positions on initiatives that are going to appear on the February ballot (or beyond). Based on the extremely positive feedback that I have received on my resolution to put the CRP on record as opposing the Don Perata/Fabian Nunez Term-Limits End Run Initiative (yes, their very own ballot measure, funded with politically extorted special interest donations, to extend their time in office for many more years), it would appear that there will be overwhelming opposition to this attempt to weaken term limits… I am pleased that four important state Republican leaders, all former Chairman of the California Republican Party, have weighed in with an important message to CRP members…

JOHN HERRINGTON… Read More

The battle over eminent domain continues in the Capitol. On one side is the initiative sponsored by the Howard Jarvis Taxpayers Association (HJTA) to solve the problems presented by the US Supreme Court in the Kelo v. City of New London case. On the other are the defenders of the status quo, the League of California Cities and the California Redevelopment Association. Also on the side of big government are some of those who benefit financially from the exercise of government power, groupsthat use government influence, and the exercise government power for personal gain.

As an attorney, prior to my time in the Legislature, land use, property rights, and abuse of government power in the control of property was a specialty of mine. I started my stint in politics as Chair of the Citizens For Property Rights in Riverside County and spent much of my time arguing for the rights of landowners on my local Planning Commission. As one of the most ardent supporters of property rights, my friend, Gil Ferguson once adamantly insisted that the Republican Caucus to listen to my counsel on the issue. He knew, as I know, that every freedom we have, freedom of… Read More

All FlashReport readers should take a few minutes to read this correspondence below from State Senator Tom McClintock (see the .pdf version here). This letter recognizes an important reality — that that a coalition of groups led by the Howard Jarvis Taxpayers Association and others has raised the necessary funds and is currently qualifying a ballot measure for next year to provide California property owners with the necessary rights to so that they can fight-off unfair "takings" via eminent domain. This is significant because the redevelopment industry is trying to twist GOP arms to get a fake fix (ACA 8) on the ballot via legislative vote (which takes a 2/3 vote of each chamber) to try and STOP the real eminent domain reform bill currently being qualified for the ballot… The good news — GOP legislators aren’t buckling under their pressure.

Just over the transom, the office of Congressman John Doolittle has put out this release, in response to reports that two of his top aides have been subpeonaed by a Federal Grand Jury. Doolittle brings up a good points — both of the staff members in question are relatively new additions to his team, so you have to wonder what they could add to the knowledge-base of prosecutors?

All FlashReport readers should take a few minutes to read this correspondence below from State Senator Tom McClintock (see the .pdf version here). This letter recognizes an important reality — that that a coalition of groups led by the Howard Jarvis Taxpayers Association and others has raised the necessary funds and is currently qualifying a ballot measure for next year to provide California property owners with the necessary rights to so that they can fight-off unfair "takings" via eminent domain. This is significant because the redevelopment industry is trying to twist GOP arms to get a fake fix (ACA 8) on the ballot via legislative vote (which takes a 2/3 vote of each chamber) to try and STOP the real eminent domain reform bill currently being qualified for the ballot… The good news — GOP legislators aren’t buckling under their pressure.