Ducey signs off on Tempe's dark money measure, with a word of caution

Gov. Doug Ducey signed off on a voter-approved measure to eliminate secret political spending in Tempe elections, but his office also issued a word of caution: the approval is based on current law, not new rules that will take effect in August.

The state Legislature outlawed cities from requiring political non-profits to disclose their donors, among other things. Ducey, a major benefactor of dark money spending in 2014, signed the bill in April.

"Please note that this approval is based on the law as it is at the time of the approval and does not take into account any changes that have not yet taken effect from this legislative session," Ducey's Deputy General Counsel, Anni Foster, said in her letter to the city.

Tempe Mayor Mark Mitchell, in a written statement on Tuesday, thanked Ducey for "honoring the clear will of Tempe voters ... It's entirely fitting that those decisions were in our own residents' hands."

Tempe Councilwoman Lauren Kuby said she had hoped to hear more from the governor on local elections being local matters.

"To me, he is punting it down the road so he can satisfy his base," she said.

Kuby said that she expects a state lawmaker to promptly seek an investigation into whether Tempe's new disclosure requirement violates state law. Any state lawmaker can request an Attorney General's Office investigation into whether a municipal ordinance violates state law or the state Constitution. If a city is found to be in violation, the state can withhold revenue until the problem is fixed.

"We're walking into this with our eyes open," said Kuby, a strong proponent of campaign finance reform.

Nine out of 10 Tempe voters approved the ballot measure in March requiring political nonprofits to disclose financial backers if spending exceeds $1,000 in municipal elections. This type of spending, referred to as "dark money," often goes toward political ads, robocalls and other efforts to sway elections without any requirements to disclose donors.

Ducey and Republican lawmakers say political spending is an issue of free speech. "The governor's view is that individuals have the First Amendment right to free speech without the fear of intimidation," Daniel Scarpinato, Ducey's spokesman, previously told The Arizona Republic.

Kuby points to U.S Supreme Court Justice Anthony Kennedy's majority opinion in the 2010 Citizens United case that said the First Amendment protects political speech, but transparent disclosure allows citizens to react to that speech.

Reach the reporter at Jerod.MacDonald@RepublicMedia.com. Follow on Twitter: @JerodMacEvoy

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