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Court Hears Agua Caliente Political Funding Case

CALIFORNIA – As reported by the Desert Sun: "The California Supreme Court heard arguments Wednesday in a case aimed at forcing the Agua Caliente Band of Cahuilla Indians to follow state law in reporting lobbying expenses and political campaign contributions.

"Or, should the tribe be immune because it is a federally recognized sovereign nation?

"That was the issue weighed before the seven justices in a special session in Santa Barbara after the 3rd District Court of Appeals ruled in March 2004 that tribes were subject to campaign-finance enforcement lawsuits from the California Fair Political Practices Commission, the agency overseeing elections.

"The commission's lawsuit accused the Agua Caliente, which operates the Spa Resort Casino of Palm Springs and Agua Caliente Casino near Rancho Mirage, of failing to disclose more than $8 million in donations to political campaigns between 1998 and 2002 on time, violating the 1974 Political Reform Act.

"But the tribe, which posts campaign finance reports on its Web site, has said it discloses contributions voluntarily, and isn't subject to state rules because of sovereign immunity under federal law. Also, the Agua Caliente has asserted that federal law mandates that only Congress - or the tribes themselves - can waive their sovereign immunity and subject tribes to state lawsuits or laws.

"…California tribes have rolled over $200 million to campaigns and political initiatives since 1996. Thompson said he's following it with interest because it's illegal for another nation to put its money into political campaigns of the United States…"

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