Los Angeles Taxpayers Alliance v. Fair Political Practices Commission

Fair Political Practices Commission (FPPC) appeals from judgment granting peremptory writ of mandamus setting aside FPPC’s decision of July 9, 1991, assessing a $6,000 monetary penalty against Los Angeles Taxpayers Alliance (LATA) and Fred Huebscher for three violations of Government Code section 84305.5, subdivision (a)(2), requiring that “slate mailers” contain a prescribed “Notice to Voters.” The appellate issue is whether respondents’ three mass mailers constituted slate mailers pursuant to Government Code section 82048.3.

Factual and Procedural Background

Inasmuch as the material facts as found by the trial court are not in dispute, the following factual and procedural background is adopted from the trial court’s statement of decision:

In its statement of decision, the trial court also made the following “conclusions of law”: “When two or more candidates are running against each other for a single office, Government Code section 82048.3 does not contemplate that support for one candidate and opposition to that candidate’s opponent or opponents should be counted as more than one. To count separately the opponent of a supported candidate would make the definition of…