GOP Officials Sued Over Tobacco Funds : Politics: Democrats charge that $125,000 donation from Philip Morris helped sway an Assembly race and was not reported promptly. Republicans call allegation frivolous.

The California Democratic Party said it filed a lawsuit Thursday over a $125,000 donation by tobacco giant Philip Morris USA that helped Assemblyman Steven T. Kuykendall (R-Rancho Palos Verdes) win a close election in November.

In the lawsuit, the party accused Kuykendall and Assembly Republican Leader Jim Brulte of failing to promptly file a campaign finance report showing that Kuykendall received the contribution. The suit, filed in Los Angeles Superior Court, names Kuykendall and Brulte and seeks $125,000 in damages.

“The voters of the 54th Assembly District were misled,” said state Democratic Party Chairman Bill Press. “They thought they were voting for Steve Kuykendall. They didn’t know they were voting for Philip Morris. That’s what’s important.”

But earlier this month, the state Fair Political Practices Commission, citing a lack of evidence, said it would not pursue a similar complaint that the state Democratic Party filed in November.

Kuykendall and Phil Perry, a spokesman for Brulte, dismissed the latest filing as frivolous.

“This lawsuit has no more basis than their claim with the FPPC did,” Kuykendall said.

In November, Kuykendall unseated Democratic incumbent Betty Karnette in the 54th Assembly District, which covers the Palos Verdes Peninsula and Long Beach.

The Democrats, citing an article in The Times, charge that Brulte knew that Philip Morris planned to donate to Kuykendall a month before the check was sent. The contribution, which helped pay for several last-minute mailers, was reported by Kuykendall’s campaign the day before the election.

“Had voters known who was paying for all the mailing, the outcome would have been different,” Press said.

But the FPPC said there was no written proof that Philip Morris had made an enforceable promise to make a contribution to Kuykendall. An oral pledge would not be considered a contribution, the commission said.

Press said the commission’s ruling “was no surprise coming from the Wilson-dominated FPPC.” The commission “thinks that the Republicans can do no wrong,” he said.

Kuykendall has insisted that the contribution would have no impact on his decision making in Sacramento.

“I consider this another little tool in (the Democrats’ tool kit),” he said. “It’s interesting that the Democratic Party has to pick up the mantle and no one in the district is doing it.”