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SANTA ANA : Official Strikes Back at State on Mailings

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City Councilman Daniel E. Griset filed a lawsuit Thursday against the state Fair Political Practices Commission, which has accused him of making five improper campaign mailings during his 1988 reelection bid.

The suit alleges that a section of the state’s Political Reform Act, which established the FPPC, is unconstitutional on the grounds that the government cannot prohibit anonymous political statements under the First Amendment. The suit was filed in Orange County Superior Court.

Dana Reed, an attorney for Griset, said the suit asks the court to rule on the section prohibiting anonymous political statements.

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“If the court agrees with us, then the FPPC can’t go after Dan Griset or anyone else with such statements,” Reed said.

In March, the FPPC filed charges against Griset, accusing him and two of his campaign committees of “negligently or purposely” violating the reform act by failing to properly identify the source of the mailings.

According to the act, “the name of a candidate and his or her (campaign) committee must appear in at least six-point type on the outside of each piece of a mass mailing.”

The mailings were sent in 1988 when Griset was competing against Richards L. Norton, who lost. Norton won a council seat last year.

Griset will answer the FPPC charges before a state administrative law judge, who will make a recommendation to the commission on the merits of the case. He faces a fine of up to $10,000 if found guilty.

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