Terry Lewis Ragins, Torrance School Board candidate, filed a complaint with the Fair Political Practices Commission on October 13, 2015 against Torrance School Board candidates Clint Paulson and Rick Marshall, and the complaint both of them as members of campaign committee G. Rick Marshall for Torrance School Board 2015.
Her complaint alleges the following:
Both candidates was [sic] named in a robo-call delivered to voters of Torrance on Thursday, October 8th, 2015. Voters were urged to vote for both of them without identifying the payment source of the message.
An audio-recording of the actual robo-call received by the voters is on file at the FPPC, with Terri Rindhal.
I personally received the recording on my own home phone answering machine and through various audio recordings from other voters around Torrance.
The calls were made by a "parent" who identified herself as "Orlye Stephenson, from Torrance High School. The phone calls were made from the following phone number: 310 294 1349
For the record, the calls were delivered by an actual person, her name is Orly Stephenson.
Then the official complaint begins here:
The code cited by Ragins in its entirely, can be read below (Bold added for emphasis)
84310. (a) A candidate, committee, or slate mailer organization may
not expend campaign funds, directly or indirectly, to pay for
telephone calls that are similar in nature and aggregate 500 or more
in number, made by an individual, or individuals, or by electronic
means and that advocate support of, or opposition to, a candidate,
ballot measure, or both, unless during the course of each call the
name of the organization that authorized or paid for the call is
disclosed to the recipient of the call. Unless the organization that
authorized the call and in whose name it is placed has filing
obligations under this title, and the name announced in the call
either is the full name by which the organization or individual is
identified in any statement or report required to be filed under this
title or is the name by which the organization or individual is
commonly known, the candidate, committee, or slate mailer
organization that paid for the call shall be disclosed. This section
shall not apply to telephone calls made by the
candidate, the campaign manager, or individuals who are volunteers.
(b) Campaign and ballot measure committees are prohibited from
contracting with any phone bank vendor that does not disclose the
information required to be disclosed by subdivision (a).
(c) A candidate, committee, or slate mailer organization that pays
for telephone calls as described in subdivision (a) shall maintain a
record of the script of the call for the period of time set forth in
Section 84104. If any of the calls qualifying under subdivision (a)
were recorded messages, a copy of the recording shall be maintained
for that period.
Terry Ragins (SmartVoter.org) |
Mrs. Ragins quoted part of Government Code Section 84310(a), but not all of it.
Stephenson is a volunteer for Rick Marshall's campaign. There is no violation, since the subdivision does not apply to her.
Furthermore, Marshall sent a response email to the FPPC deputy:
Ms. Rindahl,Thank you for this notice. As you well know, the reporting period for this activity will be up on Saturday. I plan to report this call on my campaign committee reports with the appropriate donation to the Paulson campaign. My name as a candidate in this election is in the phone call. This call was a campaign communication. There is no problem with voters identifying who paid for the call.Ms. Ragins whose husband [sic-it was Terry, not her husband] made the complain is also a candidate. She is an incumbent and was referenced in the call in that way. Mr. Paulson and I are running as a slate. He had no knowledge of this call and should not be included on this complaint.There is no violation of campaign law.This is another dilatory tactic to try and slow down a campaign challenging two incumbents whose records have attracted more scrutiny and controversy.On November 3rd, 2015 I ask every voter in Torrance: vote for Rick Marshall and Clint Paulson for Torrance School Board.