Opposition to Measure A sues Santa Clara County for campaigning with tax dollars

 

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The No on Measure A campaign, chaired by County Assessor candidate Rishi Kumar, announced plans to file legal action against Santa Clara County following reports that the County used taxpayer dollars to distribute a mailer resembling campaign material promoting Measure A. Text of press release below.

“The County has launched a sleight-of-hand campaign—funded entirely by taxpayers—to push the Measure A narrative without directly naming it,” said Kumar. “It’s a deliberate attempt to influence voters using public funds, which is not only unethical but potentially unlawful.”

Mailers have been sent across Santa Clara County, paid for by the County itself—not the Yes on Measure A campaign—yet carrying messaging that aligns closely with Measure A’s central arguments. Kumar noted that this mirrors political campaigning and undermines fair electoral practice.

Violations of Election and Communications Law

There are clear laws and precedents that prohibit the use of taxpayer funds for electioneering by public officials and agencies. Under federal and state standards:

  • Elected leaders are barred from using taxpayer-funded offices or resources to distribute promotional or campaign-related materials within 90 days of an election.

  • Members of Congress, for example, may only use their “franking privilege” for official, nonpartisan communications relating to policy, governmental programs, or constituent services—not campaign advocacy (Committee on House Administration; Legal Information Institute).

  • House rules also impose a moratorium on unsolicited mass communications during the 60 days preceding any primary or general election in which the official is a candidate (Committee on House Administration; New Jersey Globe).

“These laws exist to keep the government honest and elections fair,” Kumar stated. “Santa Clara County’s mailer violates the spirit, if not the letter, of these rules. People are very upset with this dishonest tactics that reeks of desperation

Demand for Accountability

The No on Measure A campaign will move forward with a lawsuit demanding the County repay all taxpayer funds used in what appears to be a covert campaign. The committee will seek restitution by requiring the County to refund ten dollars for every taxpayer dollar misused—returned directly to Santa Clara County households.

“We will not allow public dollars to be weaponized for election influence,” said Kumar. “Voters deserve transparency, not manipulation. The law is clear: taxpayer money cannot and should not be used for political promotion.”

The campaign is calling for an immediate independent audit of all Measure A-related county communications and an injunction against further taxpayer-funded materials during the election period.

Read more about the No on A campaign here

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