Supporters of Proposition 6, the November ballot initiative to repeal the gas tax, allege road construction workers hired and supervised by Caltrans were illegally passing out campaign literature Tuesday along state Route 78 encouraging motorists to vote against the measure.

Carl DeMaio, chairman of the Yes on Prop. 6 campaign, said while cars were stopped along the highway between Ramona and Julian where a road-paving operation is underway, motorists were given flyers by the workers urging a “no” vote.

During a news conference at the Yes on Prop. 6 campaign’s headquarters in Escondido, DeMaio showed a video taken by a motorist in which a worker handed him a flyer. The worker said he was working with Caltrans.

“They just told me to hand it out,” the worker said.


Photos taken by witnesses and Yes on Prop. 6 campaign workers who went to that stretch of highway after being contacted by several people, showed a Caltrans supervisor sitting in his truck near where the flyers were being handed out and a photograph of a box filled with hundreds, perhaps thousands, of flyers.

“In 25 years in politics, I have never seen the behavior we are about to describe — the misuse of taxpayer funds being used in a political campaign. It is shameful, it is outrageous and it is criminal,” DeMaio said.

DeMaio said he has sent letters to the San Diego District Attorney’s office, the California Highway Patrol and the California Fair Political Practices Commission urging the filing of criminal charges for misuse of public resources for a campaign activity as well as not reporting in-kind political contributions.

The letters to the agencies say the activity occurred near Sutherland Dam Road where a miles-long, road-paving operation has been going on for some time. It identifies a firm hired by Caltrans to perform the work, Manhole Adjusting Inc. of Pico Rivera, and Mehrdad Nabizeh, a Caltrans engineer.


On Wednesday, Caltrans released a short statement from Director Laurie Berman:

“Caltrans is looking into the matter, but it is our understanding that these individuals were private contractors, not Caltrans employees,” Berman said. “Regardless, the Department does not condone political advocacy or the distribution of campaign information on work project sites and is contacting its contractors to remind them of this.”

Caltrans declined to answer further questions.

The No on Prop. 6 campaign also released a statement Wednesday.


“The No on 6 campaign very carefully follows all rules prohibiting the use of public resources for campaigning and often reinforces those rules to anyone involved with the campaign. We had no knowledge of this incident, but denounce any inappropriate use of public resources or venues for campaign purposes.”

DeMaio said there is no question about what transpired.

× Video courtesy: "Reform California - Yes on 6"

“This is an open-and-shut case of abuse of taxpayer funds and the use of taxpayer funds in a political campaign, which is expressly and clearly prohibited by California state law,” he said.


Appearing at the news conference was one driver who had been given a flyer. Margaret Drown, of Santa Ysabel, looked a bit shocked by being in the spotlight with television crews and reporters staring at her.

Drown said she was handed a flyer while stopped along the road and then watched as the worker went up to drivers behind her.

“I looked at it and realized what it was,” she said. “I thought, well that’s interesting. So when he came back I stopped him and I asked him, ‘why are you handing out this flyer’ and he said, ‘it’s my job. I’m just really happy to have the work.”

Prop. 6, the Voter Approval for Future Gas and Vehicle Taxes and 2017 Tax Repeal Initiative, would repeal the gas and diesel tax increases and vehicle fees that were enacted in 2017 by the state. If approved, voter approval for fuel tax and vehicle fee increases would require voter approval in the future.


If the initiative fails, it would mean keeping the fuel tax increase, including the Road Repair and Accountability Act of 2017 in place and allowing the state Legislature to continue to impose, increase, or extend fuel taxes or vehicle fees through a two-thirds vote of each chamber and without voter approval.

Opponents of the repeal argue the money raised by the tax is needed to address a $130 billion backlog in state infrastructure repairs and maintenance.

Supporters of the initiative, who gathered nearly 1 million signatures to qualify the measure for the November ballot, say the tax increase will cost an average family of four about $700 per year and that the tax revenue goes into the state’s General Fund, meaning there’s no guarantee the money will be used to fund the transportation fixes the government claim will happen.


jharry.jones@sduniontribune.com; 760/529-4931; Twitter: @jharryjones