FPPC Investigating Nevada County’s Measure V Mailers
On March 7, 2023, the Fair Political Practices Commission (“FPPC”) began an investigation into whether Nevada County and the Yes on V Committee violated the Political Reform Act (“Act”) in their advocacy for the passage of Measure V. Measure V was a ballot measure placed on the ballot in November 2022 by the Board of Supervisors to increase the sales tax in the County by a half-percent with the proceeds of the sales tax being deposited in the County’s general fund. According to the FPPC, Nevada County is being investigated for sending mass mailers to voters using taxpayer dollars (Case No. 2023-00162), and the Yes on V committee is being investigated for failure to report to the FPPC (Case No. 2023-00161).
Flyer mailed by Nevada County to voters two weeks before the November 2022 election
Following the expenditure of well over $100,000 in taxpayers’ dollars by Nevada County for mass mailers and advertisements in support of the County’s Measure V, John Young (part owner of Sierra Thread and opponent of Measure V) warned Nevada County that such expenditures are entirely inappropriate and potentially illegal. Nevada County ignored Mr. Young’s warnings, so he filed a complaint with the FPPC. The FPPC has been considering Mr. Young’s complaint for nearly six months, and now the FPPC has acted and initiated a formal investigation.
The FPPC “is a five-member independent, non-partisan commission that has primary responsibility for the impartial and effective administration of the Political Reform Act. The Act regulates campaign financing, conflicts of interest, lobbying, and governmental ethics. The Commission’s objectives are to ensure that public officials act in a fair and unbiased manner in the governmental decision-making process, to promote transparency in government, and to foster public trust in the political system.”
Flyer mailed to voters the same week that ballots were sent by the Nevada County Registrar’s Office for the November 2022 election
In 2020, the FPPC “approved a $1.35M settlement with the Los Angeles County Board of Supervisors for violating the law regarding campaign-related communications at public expense.” In its press release in connection with the violation of the Act by Los Angeles County Supervisors, the FPPC made clear that the public trust is violated “‘when their leaders willfully ignore the law to use taxpayer money in a political manner,’ said FPPC Chair Richard C. Miadich.” Miadich continued, stating that “‘our elected officials are not above the law and should be held accountable for their decisions. I hope this sends a warning to others that the FPPC will not sit idly by when public officials illegally use taxpayer money for political purposes. The integrity of our political system compels nothing less.’”
The Howard Jarvis Taxpayers Association (“HJTA”) confirms that this fine on Los Angeles County is “the largest fine ever imposed against any agency in California.” In his article “There’s Election Fraud and Then There’s Election Fraud,” Jon Coupal, of HJTA, asserts that “the risk of election fraud has been a national topic of conversation, but while some people have been focused on mail-in ballots and voting technology, a different type of corruption has been flying under the radar: the use of public funds to campaign for tax increases.”
Despite using taxpayer dollars for mass mailers in connection with Measure V, voters rejected the sales tax measure which would have made the sales tax in Nevada County one of the highest in the state. If Measure V had passed, it would have raised sales tax from 8.5% to 9.0% on all purchases in and product deliveries to the City of Grass Valley. In comparison, the current sales tax rate for Placer County is 7.25%.
Barry Pruett was a spokesperson in opposition to Measure V and an attorney who challenged Nevada County’s original ballot language related to the ballot measure.
