Campaign Finance Law May Be Illegal

In the fall of 1995, Ventura voters adopted one of the most restrictive campaign finance reform laws in the state. Nearly two years later, as the city heads into an election season, the city attorney is questioning whether part of the law is legal.

At issue is a provision that prohibits anyone other than an individual from making a campaign contribution.

“The legality of this provision has been questioned on grounds that it may violate the free speech rights guaranteed by the 1st Amendment of the U.S. Constitution,” City Atty. Bob Boehm wrote in a memo to City Council members.

On Monday, the City Council will consider an ordinance amending the campaign limit law to delete the section restricting contributions to individuals.

Because the campaign reform law was approved by voters, any amendment to it requires five yes votes from council members.

But Councilman Steve Bennett, who wrote the law and has been a continuous advocate of campaign finance reform, says he will fight to keep the law as is.

He points out that the city of San Diego has had the same restrictions in place since 1993.

“It’s not certain that it’s unconstitutional,” he said. “That’s just our city attorney’s opinion.”

The law also prohibits any candidate from receiving a campaign contribution of more than $100. If the candidate agrees to spend less than $20,000 overall, the candidate can receive up to $200.

The City Council will meet at 7 p.m. Monday at 501 Poli St.