Agua Caliente Band of Cahuilla Indians v. Superior Court

The question we address is whether the Fair Political Practices Commission (FPPC) can file a lawsuit in superior court against the Agua Caliente Band of Cahuilla Indians (the Tribe), a federally recognized Indian tribe, for the Tribe’s alleged failure to comply with the reporting requirements for campaign contributions under the Political Reform Act of 1974 (PRA) (Gov. Code, § 81000 et seq.), an initiative measure that regulates numerous aspects of the election process on the state and local level. We conclude that the FPPC may file the lawsuit and affirm the Court of Appeal’s judgment denying the Tribe’s petition for writ of mandate.

DISCUSSION I. Factual and Procedural Background

The facts and procedural discussion are taken largely from the Court of Appeal opinion, supplemented by the record. In 1974, California adopted the PRA, which charges the FPPC with its enforcement. (§ 81000.) Consistent with the California Constitution, article III, section 3.5, the PRA requires the FPPC to enforce the statute equally against all affected contributors. (§ 81002 et seq.) In chapter 1, the PRA recites findings of greatly increased costs of election campaigns, large…