Court Upholds $10,000 Fine of Griset for Campaign Mailings

A state appellate court has upheld a $10,000 fine levied against Santa Ana Councilman Daniel E. Griset for five improper campaign mailings sent during his successful 1988 reelection bid.

The state Fair Political Practices Commission had fined Griset and two of his campaign committees in February, 1991, for violating the Political Reform Act by “negligently and purposely” omitting that he was the source of the five mailings criticizing his opponent.

In a 2-1 opinion signed Wednesday, 4th District Court of Appeal Justice Sheila Prell Sonenshine wrote that Griset’s mailers were not protected speech under the First Amendment, as the councilman contended.

Sonenshine said that Griset, as a candidate in an election, was required to identify himself as the source of the mailers.

“There is a significant government interest in preserving the integrity of the electoral process, to avoid the very situation we find in our land today: voter disenchantment,” she wrote.

Justice Edward J. Wallin, in a harshly worded dissent, said he believed that the statute Griset violated was unconstitutional. Furthermore, he said, it was clear the mailings were from Griset. Wallin said the majority was using “Alice in Wonderland logic.”

Neither Griset nor his attorney could be reached for comment Thursday.

Four of the mailers, which criticized Griset’s opponent, Richards L. Norton, reached about 29,000 people. They contained titles such as “Meet the Real Rick Norton,” “Beware of Tricksters” and “7 Lies.”

A fifth mailer was sent to about 300 people on the letterhead of the Washington Square Neighborhood Assn., an area of the city where Griset lives.

None of the mailers identified Griset or his campaign committees as the sender.

Norton, who lost the election to Griset, asked the FPPC to investigate the mailers. Norton was elected to the City Council in 1989.