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Fresh Squeezed Politics - March On Politics Blog

Crist signs bill banning local government spending in referenda

Posted Jun 10, 2009 by William March

Updated Jun 10, 2009 at 03:05 PM

Gov. Charlie Crist has signed a bill that some local government officials including Mayor Pam Iorio opposed, forbidding local governments from spending public money to take sides on referendum issues.

The bill grew in part from a controversy over Pinellas County officials spending county money to campaign for the Penny for Pinellas sales tax, which angered some local citizens. The bill was sponsored by thee Pinellas County Democrats—Reps. Janet Long and Bill Heller and Sen. Charlie Justice.

But Iorio worries that it will prevent her from taking a stand as mayor advocating such measures as a light rail plan, likely to be the subject of a referendum.

“I agree local government shouldn’t be cutting checks or hiring consulting firms to support a referendum,” she said during a visit to Tallahassee in April to oppose the bill. But, she asked, what if she drives her city car to make a speech in favor of light rail at a civic club, in an appearance arranged by an aide, and then has her staff respond to questions raised by audience members?

Long said her bill wouldn’t prevent that, and Justice applauded Crist for signing it—“This will ensure that governments will not be telling taxpayers how to vote” with “unjust and irresponsible campaign spending from our government,” he said.

The language seems clear—the bill says governments can’t spend public money “for a political advertisement or electioneering communication concerning an issue, referendum, or amendment that is subject to a vote of the electors.” It includes exceptions for “factual information” that doesn’t take sides, and says local elected officials can still express opinions on referendum issues.

But some local government officials aren’t convinced.

Rebecca O’Hara, legislative director of the Florida League of Cities, called it “a tremendous gotcha bill,” with broad provisions that could be subject to interpretation.

“What constitutes an expenditure, direct or indirect? What is an electioneering communication? Courts have interpreted that broadly,” she said. “A mayor doesn’t punch a clock – at what point does the mayor start doing things on his or her own time?”

“The ultimate hypocrisy,” she said, “is that it doesn’t apply to state officials—only local governments.”

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