A Flood Through a Loophole

When California voters approved Proposition 73 eight years ago, their intention was clear. Fed up with taxpayer-funded mass mailings by members of the Legislature, always in notably high volumes just before elections, the voters demanded a halt. “No newsletter or other mass mailing shall be sent at public expense,” said Proposition 73. The ban was simple, direct, unmistakable. That didn’t save it from soon being evaded, as a study by Times reporters Paul Jacobs and Virginia Ellis has found.

Since the mass mailing ban was enacted, legislators have inundated their constituents with 35 million pieces of mail, printed and posted at a cost to the public of almost $6 million.

All of this appears to be within the letter of the law as it was interpreted by the Fair Political Practices Commission. Accepting the contention that some mail was essentially informational--for example, announcements of public forums--the nonpartisan body allowed members of the Senate and Assembly to mail up to 200 copies a month of a letter to constituents. It didn’t take long for legislators to spot the opportunity. While there couldn’t be more than 200 copies of a single letter sent in any month, there was no ban on sending up to 200 copies each of 10 or--in the case of one incumbent--70 different computer-generated letters over a month’s time.

Legislators defend the mailings by claiming they help keep them in touch with constituents. Well, yes, but it’s staying in touch for transparently self-promotional purposes. Mass mailings in fact are a form of advertising that seeks to boost the political fortunes of the sender. Voters have said very plainly they didn’t want that done at public expense.

The Fair Political Practices Commission can give the public what it voted for in 1988 by revising its regulations. Let it do so promptly, and, please, without loopholes.