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Lingle accuses
agency of trying to
silence candidate

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By Ian Lind
Star-Bulletin

Republican Party Chairwoman Linda Lingle has blasted the state Campaign Spending Commission, accusing the agency of overstepping its legal authority to stifle vigorous campaign debate.

Lingle's comments came yesterday in reaction to a federal court decision overturning the Code of Fair Campaign Practices, and the commission's censure of 1998 state Senate candidate Roger Ancheta, a Republican.

The commission voted unanimously in early 1999 to censure Ancheta for distributing a campaign brochure with a cartoon showing his opponent, then-Sen. Randall Iwase, "in the pocket" of special interests.

The ruling by U.S. District Court Judge Helen Gillmor said the code was so broad that even truthful statements could lead to punishment. She declared the code unconstitutional, and ordered the commission's letter of censure removed from Ancheta's record.

Lingle called the censure of Ancheta "an obvious attempt by the commission to censor and intimidate him by making it public that he had done something wrong. This state agency tried to intimidate and embarrass him, and to keep people like him from running for office.

"The way the code was drafted, they could come after you for almost anything you say that your opponent doesn't like," Lingle said.

Commission Executive Director Bob Watada called Lingle's charges "purely nonsense."

State law requires the commission to adopt a Code of Campaign Practices, and the Legislature added the provision authorizing censure for code violations in 1995, Watada said.

"Some legislators felt they needed to put some teeth into the code, and they put in that we should censure the candidates," Watada said.

"Three quarters of candidates do sign the code, which is voluntary," Watada said. "We don't pay too much attention to it, unless somebody complains."

Watada said there had been only four complaints about possible code violations since 1995, including Iwase's complaint against Ancheta.

Watada said that unless the law is changed, the commission will have to rewrite the code to meet the court's objections.

Lingle said she would oppose a move to adopt another code.

"The real check on fair campaign practices is the public," Lingle said. "A code like this is not helpful."

Lingle said the court decision will allow more wide open criticism of opposing candidates in the future.

"Political speech is freewheeling, and it needs to be."

She also praised Ancheta for challenging the code and the commission in court.

"This is someone we really need to get behind. He didn't just let this sit in his file, he took action. The public is looking for people who will stand up when things aren't right and try to make them right."