A recent election complaint accusing Rep. Evan Low of illegally using state campaign funds to buy ads to support his congressional bid takes a new turn with his opponent sending cease and desist letters to networks television broadcasting the advertisements.
Defend the Vote, a pro-democracy and voting rights group, filed a complaint with the Federal Election Commission last week against Low — who is running for the Congressional District 16 seat against former San Jose Mayor Sam Liccardo. The group supported Liccardo.
In the initial complaint, Defend the Vote points to FEC filings that showed Low spent nearly $50,000 from his state campaign account, Evan Low for Assembly 2024, on ads they say , had been distributed throughout the congressional district — a move the group considers illegal due to different campaign finance laws between state and federal races. In California’s Senate and Assembly races, individuals can donate a maximum of $5,500 to candidates, compared to a maximum of $3,300 in federal races. Corporations and state political action committees are also prohibited from donating to federal races.
After the suit was filed, Low’s state account made another $545,000 ad buy, according to election filings.
As a result of the massive spending, a lawyer for Liccardo on Thursday sent cease-and-desist letters to five television stations that air the ads: KNTV, KPIX, KRON, KTVU and ABC7. Representatives for the stations could not immediately be reached for comment.
In the letters, Stephen Kaufman, an election attorney with Kaufman Legal Group, said “the ads violate federal campaign contribution and disclosure laws and fraudulently provide the public with information from illegal funders.”
In a statement, Low’s campaign continued to deny any wrongdoing.
“Their claims are baseless,” said Lam Nguyen, Low’s deputy campaign manager. “Just believe the San Jose firefighters, police officers and teachers: you can’t trust Sam.”
Kaufman references numerous points made by Defend the Vote in the FEC complaint, including Low’s recent filings with the FEC that identify the expenditures as election communications – radio and television advertisements are broadcast within 60 days of an election and target voters in the district. . Reports say the ads are intended for “constituent communication” within his current district, but Kaufman and Defend the Vote say the ads are running across borders and throughout the congressional district.
In the letters, Kaufman said Low decided to “double down,” purchasing additional ads with state campaign money after being alerted to the alleged violation.
“We therefore demand that you stop airing these illegal advertisements to prevent further violations of federal and FCC election laws,” Kaufman wrote. “Such contribution and disclosure laws are crucial to running fair campaigns. When a candidate decides to openly flout these restrictions, he or she gains an unfair advantage over other candidates who comply with applicable laws and regulations.
In a statement, Liccardo campaign spokesman Gil Rubinstein said “it is shocking that Evan Low continues to find new ways to break campaign finance laws.”
“It’s not just about politics: Low is attacking the foundation of our fair elections,” he said. “We demand that these channels do the right thing, respect the law and stop broadcasting illegal advertisements. »
This is a developing story. Check back for updates.
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