FROM THE ARCHIVE
URL: https://www.indianz.com/News/archive/000473.asp
Calif. court rules tribes subject to state campaign laws
Thursday, March 4, 2004
In a 2-1 decision, California's 3rd District Court of Appeal ruled on Wednesday that tribes are subject to the state's campaign finance laws. The Fair Political Practices Commission brought a lawsuit against the Agua Caliente Band of Cahuilla Indians. The tribe was accused of not reporting its political activities to the state. The tribe says it complies with the spirit of the law and publishes reports of its spending online. The tribe raised a sovereign immunity defense to the lawsuit. The court ruled yesterday, however, that the state's "constitutional right to sue to preserve its republican form of government trumps the common law doctrine of tribal immunity." The majority agreed that neither the tribe nor Congress has waived tribal immunity, two factors that courts normally consider in cases of sovereign immunity. Get the Story:
State Can Sue Tribes, Court Rules (The Los Angeles Times 3/4)
Username: indianz, Password: indianzcom
Court rules the state can sue tribe (The Palm Springs Desert Sun 3/4)
Court: No tribal immunity to FPPC (The Sacramento Bee 3/4)
Appeals court rules against tribe in landmark political disclosure case (Copley News Service 3/3)
State court says Calif can sue Indian tribe over campaign funds (AP 3/3) Get the Decision:
Agua Caliente Band v. FPPC (March 3, 2004) Relevant Links:
Fair Political Practices Commission - http://www.fppc.ca.gov Related Stories:
Calif. court to rule on tribal political donations (2/19)
Calif. court to resolve conflicting tribal rulings (07/24)
Calif. election board appeals ruling favoring tribe (7/16)
Editorial: Don't negotiate state sovereignty (04/29)
Court rulings on campaign donations in conflict (4/28)
Calif. tribe appeals campaign donation suit (03/06)
Editorial: State sovereignty was under attack (3/4)
Indian gaming agenda discussed at meeting (02/28)
Calif. tribe subject to state election laws (2/28)
Tribal disclosure of gifts at issue (01/09)
Calif. tribe paid $100K to meet Norton (12/12)
State board alleges tribe failed to report (10/30)
Calif. tribe sued over political gifts (09/27)
Copyright Indianz.Com
URL: https://www.indianz.com/News/archive/000473.asp
Calif. court rules tribes subject to state campaign laws
Thursday, March 4, 2004
In a 2-1 decision, California's 3rd District Court of Appeal ruled on Wednesday that tribes are subject to the state's campaign finance laws. The Fair Political Practices Commission brought a lawsuit against the Agua Caliente Band of Cahuilla Indians. The tribe was accused of not reporting its political activities to the state. The tribe says it complies with the spirit of the law and publishes reports of its spending online. The tribe raised a sovereign immunity defense to the lawsuit. The court ruled yesterday, however, that the state's "constitutional right to sue to preserve its republican form of government trumps the common law doctrine of tribal immunity." The majority agreed that neither the tribe nor Congress has waived tribal immunity, two factors that courts normally consider in cases of sovereign immunity. Get the Story:
State Can Sue Tribes, Court Rules (The Los Angeles Times 3/4)
Username: indianz, Password: indianzcom
Court rules the state can sue tribe (The Palm Springs Desert Sun 3/4)
Court: No tribal immunity to FPPC (The Sacramento Bee 3/4)
Appeals court rules against tribe in landmark political disclosure case (Copley News Service 3/3)
State court says Calif can sue Indian tribe over campaign funds (AP 3/3) Get the Decision:
Agua Caliente Band v. FPPC (March 3, 2004) Relevant Links:
Fair Political Practices Commission - http://www.fppc.ca.gov Related Stories:
Calif. court to rule on tribal political donations (2/19)
Calif. court to resolve conflicting tribal rulings (07/24)
Calif. election board appeals ruling favoring tribe (7/16)
Editorial: Don't negotiate state sovereignty (04/29)
Court rulings on campaign donations in conflict (4/28)
Calif. tribe appeals campaign donation suit (03/06)
Editorial: State sovereignty was under attack (3/4)
Indian gaming agenda discussed at meeting (02/28)
Calif. tribe subject to state election laws (2/28)
Tribal disclosure of gifts at issue (01/09)
Calif. tribe paid $100K to meet Norton (12/12)
State board alleges tribe failed to report (10/30)
Calif. tribe sued over political gifts (09/27)
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