AP News, December 21st, 2006
A split California Supreme Court ruled Thursday that Indian tribes, some of the state's biggest political donors, are bound by campaign-finance disclosure rules.
In a 4-3 ruling, the justices upheld a lower court decision that said tribes were subject to campaign-finance enforcement lawsuits from the Fair Political Practices Commission, the state agency that oversees elections.
The case is significant for California's political culture.
The more than 100 tribes in California, some flush with casino revenue, are major campaign donors that have reported giving at least $200 million to candidate and ballot measure campaigns during the past decade. Most already disclose donations of at least $10,000 a year, in compliance with state regulations.
The tribes sued by the California Fair Political Practices Commission for failing to comply with disclosure rules argued they are sovereign governments, immune from most state intervention, including lawsuits to enforce state laws.
The case decided Thursday involved the Agua Caliente Band of Cahuilla Indians, which challenged an enforcement action from the commission.
The commission, which can fine an organization for not properly reporting contributions, alleged the Agua Caliente tribe was late in disclosing more than $8 million in donations between 1998 and 2002 in violation of the 1974 Political Reform Act.
The tribe posts campaign finance reports on its Web site and contends it discloses its political activity _ just not according to the state's rules.
The lawsuit claims that by filing required campaign reports late, the tribe deprived voters details to make informed decisions about candidates and propositions.
Agua Caliente, which has two casinos in the Palm Springs area, says it has given more than $17 million to political campaigns during the past three years.
Thursday's ruling likely will be appealed to the U.S. Supreme Court.