Governor overrides Tempe on elections

City’s voters backed law targeting ‘dark money’

Nine of 10 Tempe voters called for lifting the curtain on secretive money in city elections, but the governor has signed a bill that will stop that.

Gov. Doug Ducey was a beneficiary of “dark money” spending in his 2014 run for office.

“Dark money” refers to political non-profits that spend money on political ads, robocalls and other efforts to sway elections without any requirement to disclose donors.

The Tempe measure would force the organizations to unveil financial backers if spending exceeds $1,000 in municipal elections.

Phoenix is beginning to explore a similar measure.

But House Bill 2153 prohibits cities from enforcing such campaign-finance reforms.

“It is a direct poke in the eye to not just Tempe voters, but residents throughout the state,” Tempe Councilwoman Lauren Kuby said Friday.

She said residents favor local control and transparency in election spending.

“The governor’s view is that indi-

viduals have the First Amendment right to free speech without the fear of intimidation,” said Daniel Scarpinato, Ducey’s spokesman.

Rep. Vince Leach, R-Tucson, the bill’s sponsor, said the landslide passage of the Tempe measure on March 13 didn’t deter him.

“Lots of people in my district want the right to remain anonymous, and that’s who I’m here to represent,” Leach said after the Senate passed the bill in March.

“Charitable organizations shouldn’t have the privacy of their donors jeopardized simply because they weigh in on a political issue that may affect them,” Leach said in a statement Thursday.

Supporters of disclosure say voters should know who is spending to influence their vote.

Kuby pointed to U.S Supreme Court Justice Anthony Kennedy’s majority opinion in the 2010 Citizens United case that said the First Amendment protects political speech, but transparent disclosure allows citizens to react to that speech.

“The legislation will stymie efforts to shine a light on untraceable campaign spending by wealthy individuals, corporations and interest groups occurring in elections at all levels of government,” Phoenix City Councilwoman Kate Gallego said.

Some say the issue is likely to land in the courts.

As a charter city, Tempe has forwarded its voter-approved measure to the governor for his approval, as required.

Whether Ducey will make an exception for charter cities to handle this issue remains to be seen.