Imperfect Will Do

California needs a strong campaign finance law, but incumbents have been reluctant to face the issue. A more level playing field, where the size of donations is limited, could make it easier for challengers to run against them. Twice in recent years state voters have passed campaign reform initiatives, but both were nullified by court rulings. The latest, Proposition 208, remains under appeal.

This has left the state with no fund-raising limits whatever. Individual donations of $100,000 are not rare, and a few of $1 million have been made. This kind of money in politics invites corruption.

Perhaps fearing voter backlash, legislative leaders have suddenly produced a modest reform plan, a potential ballot proposition. SB 1223, sponsored by Senate President Pro Tem John Burton (D-San Francisco), was drafted in private and approved by a Senate-Assembly conference committee last week without any public hearing. The Senate passed the measure late Wednesday, 32 to 2, and it goes before the Assembly as early as today--rushed along to meet a deadline for putting measures on the ballot. Despite this speed and lack of openness, SB 1223 has many strong points, along with some flaws.

Propositions are set in stone once placed on the ballot, a situation that has made for a lot of faulty law. Assembly members should scrutinize SB 1223 carefully and ask a lot of questions before they vote. However, with strong backing by legislative leaders, the bill appears headed for final passage without much debate or any amendment. If Gov. Gray Davis signs it, the measure will go onto the November statewide ballot, a necessity because it amends previous reforms approved by voters.

The measure would place sensible limits of $3,000 and $5,000 on individual contributions to candidates for the Legislature and statewide office, respectively, and install a cap of $20,000 on contributions in the race for governor. That $20,000 seems about double what’s right, but Burton said Davis persuaded him that it’s realistic considering the cost of running for governor. Davis, of course, can veto the bill if he doesn’t like it.

Another complication is that continuing challenges to Proposition 208 go to trial in U.S. District Court in Sacramento later this month. No matter what happens, the contribution limits in the new measure would supersede Proposition 208. But if the limits in the Burton measure seem high, those in Proposition 208 are unrealistically low--$500 to a candidate for governor, for example--and the measure faces further constitutional questions.

As Burton and others have said, there is no perfect campaign plan. But this bill does include some strong, much-needed controls, including strict limits on the transfer of funds from one candidate’s campaign to another and requiring quick posting of contributions on the Internet. Considering the current void in the law, it’s better to get modest, if imperfect, reform on the ballot and let voters decide in November.