Some candidates for the California Legislature are increasingly using a controversial tactic that experts and watchdog organizations say appears to flout the state’s campaign finance laws.
A CalMatters’ survey of legislative race websites found at least 14 candidates have detailed campaign messaging packaged on their websites in ways that make it easy for independent expenditure committees to use in advertisements.
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The technique, known as “red boxing,” is being increasingly used in the absence of oversight from state regulators.
CalMatters found at least three instances in which outside groups made digital campaign ads that mirrored the packaged messaging on candidate websites. Under state campaign rules, ads made “at the behest” of official campaigns are presumed to be “coordinated” spending — not independent expenditures — and may illegally exceed campaign finance contribution limits.
In one example, a section in a red box on Assembly candidate Jessie Lopez’s website says “Democratic and (No Party Preference) voters should know” that her competitor, fellow Santa Ana city councilmember David Penaloza, voted to approve a city contract with the surveillance camera company Flock, that he is funded by special interests, and that Jessie Lopez will “fight for working people.”
On Oct. 14, a 15-second ad popped up on the Facebook and Instagram feeds of Santa Ana residents highlighting Penaloza’s approval of the Flock contract, his funding from “big tech billionaires,” and nurses’ and educators’ support for Lopez. It was paid for by an outside group, Working People United sponsored by SEIU California State Council, which has spent at least $1.4 million in support of Lopez since April.
Lopez did not respond to a text message requesting comment, and her campaign did not respond to emailed inquiries about whether the information was intended for an independent expenditure committee. Working People United also did not respond to a request for comment.
But campaign strategists and watchdog groups agree the practice is becoming widespread in competitive California races.
“After Citizens United and all of that, and big money getting into politics, it’s gotten crazy, right? Things have just gotten unwieldy,” said Jorge Contreras, California Director of the Working Families Party, which supports Lopez.
“Because of that, the candidates are using red boxes to try to communicate.”











