Election spending could be taxed

SACRAMENTO — A California lawmaker wants to stanch some of the spending in state elections by taxing it.

Assemblyman Marc Levine (D-San Rafael) has proposed a levy on independent expenditures — campaign spending by independent groups, sometimes called “super PACs,” instead of by candidates or party committees.

“When independent expenditure spending goes up, voter participation has decreased,” Levine said. “This bill will help increase civic engagement and bring back voters that the super PACs turn off.”

Such groups are not subject to contribution limits that govern candidate-controlled committees. Their spending has surged in California since 2000, when a ballot initiative limited the amount that could be given directly to candidates.

Levine said the groups don’t have the accountability that candidates do in their campaigns. The rash of political advertising they can pay for, especially negative ads, can depress turnout, he said.

Levine has not determined what the tax rate on their spending would be. The revenue would be given to the state ethics agency and local election departments, which would dispense grants for programs promoting transparency and civic engagement.

His bill, AB 1494, is certain to be opposed by business groups, labor unions, wealthy individuals and others that have embraced independent political spending.

And many lawmakers have benefited from such aid — even Levine, who was boosted by more than $330,000 spent in his favor when he first ran for the Assembly in 2012. He knocked off the incumbent, Democratic Assemblyman Michael Allen of Vallejo; independent forces spent nearly $1 million in support of Allen.

Even if it were to become law, Levine’s proposal could be challenged as a violation of the 1st Amendment, said Rick Hasen, professor of election law at UC Irvine.