If governor wins, taxpayers may reimburse him
By Steve Geissinger - SACRAMENTO BUREAU
oaklandtribune.com
Tuesday, July 29, 2003 - SACRAMENTO -- If Gov. Gray Davis survives the Oct. 7 recall election, the state constitution leaves open the possibility that taxpayers might have to reimburse him tens of millions of dollars for his campaign expenses, legal experts said Monday.
The Democratic governor has attacked the potential $30 million to $35 million cost of holding the special statewide election, qualified last week for the ballot by Republican-led forces, but has not addressed the reimbursement issue.
A provision buried in the California Constitution says that "a state officer who is not recalled shall be reimbursed by the state for the officer's recall election expenses legally and personally incurred."
If Davis beat the recall attempt and chose to seek reimbursement, he would have to file a claim with the state Board of Control, according to officials at the Secretary of State's Office.
The Board of Control has not been faced with a similar question of such magnitude, since no California governor has ever faced a recall election. There's also little case law to help officials interpret the provision, according to legal experts.
They said Davis would likely be able to recover any of his own money that he put into the campaign but nothing in the provision says specifically that campaign expenses have to be reimbursed -- or that the incumbent has to be reimbursed for campaign contributions from others.
"It certainly could be litigated," said Rick Hasen, a professor at the Loyola Law School in Los Angeles. "Even the amounts could be subject to litigation -- the allowable kinds of expenses and how that works."
Recall proponents said that if Davis beats the recall attempt, he should not seek reimbursement and should say now that he won't take that action.
"He's going around saying the recall election is going to cost $30 million. If he's so concerned about saving taxpayer dollars, he ought to publicly say that he will not seek reimbursement," said Rescue California spokesman Chris Wysocki.
Davis representatives said they did not know whether Davis would seek the money.
"It's not something he's concerning himself (with)," said anti-recall spokesman Roger Salazar.
Salazar said strategists haven't "looked into it clearly enough to even figure out the vagaries of it," but said he believes that if Davis wins, he could be reimbursed for campaign costs.
If Davis was reimbursed for some or all of his campaign expenses, it raises questions about what the governor would do with the money, since he is barred from seeking a third term.
"It doesn't say whether or not you could reimburse contributors, for example, or anything of that nature," Salazar said.
Election experts say Davis alone may spend tens of millions on the campaign. Combined with expenditures by candidates who hope to replace him and the groups with an interest in the outcome of the election, the total could grow to perhaps $100 million.
And the rules for governing the raising and spending of money for the recall -- like the rules for reimbursement if Davis wins -- remain unclear.
-- Contact Sacramento Bureau Chief Steve Geissinger at sgeissinger@angnewspapers.com . |
