A recent election complaint accusing Assemblymember Evan Low of illegally using state campaign funds to buy ads to support his congressional run is taking on a new twist with his opponent sending cease and desist letters to TV stations playing the ads.
Defend the Vote, a pro-democracy and voting rights group, last week filed the Federal Election Commission complaint against Low — who is running for the Congressional District 16 seat against former San Jose Mayor Sam Liccardo. The group has endorsed Liccardo.
In the initial complaint, Defend the Vote points toward FEC filings that showed Low spending nearly $50,000 from his state campaign account, Evan Low for Assembly 2024, on ads they say were distributed across the congressional district — a move the group says is illegal because of differing campaign finance laws between state and federal races. In California senate and assembly races, individuals can donate a maximum of $5,500 to candidates compared to the $3,300 contribution maximum in federal races. Corporations and state political action committees are also barred from donating to federal races.
After the complaint was filed, the Low state account made another ad buy of $545,000, according to election filings.
In the wake of the massive expenditure, an attorney for Liccardo on Thursday sent cease and desist letters to five TV stations that are broadcasting the ads: KNTV, KPIX, KRON, KTVU and ABC7. Representatives for the stations could not immediately be reached for comment.
In the letters, Stephen Kaufman, an election attorney with the Kaufman Legal Group, said the “ads are violating federal campaign contribution and disclosure laws and are fraudulently providing the public with information derived from illegal funders.”
Low’s campaign could not immediately be reached for comment.
Kaufman references many of the points made by Defend the Vote in the FEC complaint, including Low’s recent filings with the FEC that identify the expenditures as electioneering communications — radio and TV ads that are distributed within 60 days of an election and target voters in the district. The reports indicate that the ads are for “constituent communication” within his current assembly district, but Kaufman and Defend the Vote say the ads are being broadcast beyond the borders and throughout the congressional district.
In the letters, Kaufman said that Low has decided to “double down,” buying additional ads with state campaign money after he was alerted of the alleged violation.
“We thus demand that you cease from airing these illegal ads to prevent further violations of federal election and FCC laws from occurring,” Kaufman wrote. “Such contribution and disclosure laws are crucial to conducting fair campaigns. When one candidate decides to blatantly flout these restrictions, they derive an unfair advantage over other candidates who abide by the applicable laws and regulations.”
In a statement, Liccardo campaign spokesperson Gil Rubinstein said that “it’s shocking that Evan Low continues to find new ways to break campaign finance laws.”
“This is not just politics — Low is attacking the foundations of our fair elections,” he said. “We demand that these stations do what is right, follow the law and stop airing the illegal ads.”
This is a developing story. Check back for updates.