Voucher Foes Cleared of Misusing Public Funds

Atty. Gen. Dan Lungren on Monday cleared opponents of the school voucher initiative of conspiring to break election laws by using public funds to oppose the ballot measure.

The attorney general was responding to a complaint brought by supporters of Proposition 174 on the Nov. 2 ballot. They accused opponents of using public school resources in seven counties to send anti-Proposition 174 flyers home with students and to mail material to public school employees.

But after reviewing the material for a week, Lungren concluded that there was insufficient evidence to suggest a statewide conspiracy between the anti-Proposition 174 campaign and individuals at specific schools.

“A statewide investigation by the attorney general into misuse of public funds is not warranted,” Lungren said.

Lungren cited questionable activities by some school officials, including a school superintendent in San Jose who wrote an anti-Proposition 174 message in a publicly funded newsletter. After he was criticized, the superintendent agreed to give proponents equal space.

“We may not have found a statewide conspiracy; in fact, we did not,” Lungren said. “But people should be put on notice. This just goes under the heading of dirty tricks.”

The attorney general sent general warning letters to all county school superintendents, cautioning them against violating election code provisions prohibiting the use of public funds or equipment for political causes.

He also sent copies of anti-Proposition 174 flyers distributed by some schools to seven district attorneys, including Tustin Unified School District and others in Los Angeles and San Diego counties. But, he added, “I’m not in any way suggesting that the D.A.s must prosecute.”

Lungren backs Proposition 174, which would give annual tax-funded vouchers worth about $2,600 to parents, which they could use for tuition at the schools of their choice. Lungren’s chief campaign consultant, Ken Khachigian, is also the Yes on 174 campaign manager.

But Lungren said Khachigian played no role in his decision to conduct an inquiry or to hold the news conference. He also refused to discuss his stand on the initiative, insisting that he wanted to keep his political views separate from his work as the state’s chief law enforcement officer.