The Fair Political Practices Commission has fined San Benito County $18,000 for distributing a newsletter to voters that advocated a “no” vote on Measure Q, a local zoning, land use, and development ballot initiative that was rejected by the voters (56 percent opposed) in November 2022.
The newsletter’s “content, timing, tone, and format establish that it was designed to unambiguously urge a particular outcome in the election,” the commission concluded.
“[T]he style is formal and governmental, and carries the weight of authority,” the commission noted. “The tenor is negative and cautionary. As for timing, the Newsletter was sent within two months prior to the election and explicitly mentions the upcoming election. Despite the disclaimer, ‘I’m not writing to tell you how to vote,’ the Newsletter omits any positive and supportive Measure Q arguments, such as land preservation, preventing sprawling development, and removing power from County Supervisors. Therefore, the Newsletter’s style, tenor, and timing possess the necessary characteristics to be campaign material.”
The county faced a maximum fine of $20,000. The penalty will be paid out of county funds, not the personal funds of any of the government officials who authorized or produced the illegal mailing.