Gas-tax repeal backers under fire for prize to lure voters

A last-minute promotional event by proponents of Proposition 6 — the measure to repeal California’s gas-tax hike — prompted calls for the state attorney general to investigate Monday, the latest jolt in a campaign that’s seemed to erupt in its final days.

In a letter to Attorney General Xavier Becerra, opponents of Prop. 6 accused the measure’s backers of flouting state election law when they offered voters the opportunity to win a $50 gas card “in exchange for their pledge to vote for proposition 6.”

“Under California law, it is illegal to offer valuable consideration to induce or reward a voter for voting for a particular measure,” said the letter from Oakland attorney James C. Harrison, citing California Election Code 18522.

The drama began Sunday when the Prop. 6 campaign sent out a news release advertising a final election rally at gas stations throughout the state the next morning. Attendees would

get a shot at a gas-card sweepstakes with their promise of support, the original release said. Hours later, the campaign sent a revised version that opened the sweepstakes to all drivers.

“The way it was initially marketed — that you had to say you’d vote in favor of the measure to participate — was a clear violation,” said Rick Hasen, a professor specializing in election law at UC Irvine School of Law.

He said the second iteration of the news release was more ambiguous: Requiring people to be registered voters “could be construed as an offer of payment in exchange to register to vote,” which breaches federal law. But the contest rules don’t go so far as to require participants to vote.

“I would say the campaign is facing a serious problem” — most likely a fine, said Loyola Law School Professor Jessica Levinson.

Proposition 6 takes aim at a 12-cent-per-gallon gas-tax increase and 20-cent-pergallon diesel-fuel hike that generate $5.2 billion annually for road repairs and transit improvements. Champions of the measure say these taxes hit working families, and that the state could find other funding streams for transportation. Opponents say the measure is a ploy to lure Republicans out to the polls in hopes of boosting gubernatorial candidate John Cox — who made Prop. 6 a centerpiece of his platform — and protecting several House seats.

“Yes on 6” Chairman Carl DeMaio bristled at the call for an investigation, saying his team had done nothing wrong.

“This is a pathetic attempt by Sacramento politicians to divert attention from their own lies,” he said.

Harrison acknowledged that DeMaio had “clearly tried to walk back the campaign’s original marketing language.”

But at this point, he said, “I don’t know if they can unring the bell. The message that’s been conveyed to voters is that they have to support Prop. 6 in order to benefit.”

The Prop. 6 campaign held similar promotions throughout the election, including a series of $1.99 events at gas stations, in which the station owner would subsidize the cost of gas for drivers while DeMaio stumped for the measure.

The last $1.99 event drew 400 people to the Chula Vista station in San Diego, which was the final stop for the campaign’s statewide bus tour.