Missing a campaign filing deadline is no small offense.
Especially this close to the Nov. 3 election, when late financial disclosures rob voters of a legally mandated level of transparency. And especially given the high stakes of San Jose’s D6 race, which could shift the balance of power on the council from a moderate-conservative majority to a more progressive bent.
Last week, the South Bay Labor Council’s (SBLC) Committee on Public Education sent out an attack ad against D6 Councilwoman Dev Davis. The mailer depicts Davis inside a crystal ball with dollar signs and question marks dancing around her head.
“You don’t need a crystal ball to know if Dev Davis will give your money to big developers,” the ad states, referring to the councilwoman’s votes to reduce fees for builders to spur housing production.
But filing a state-mandated independent expenditure form for the mailer seemed to have slipped South Bay Labor’s mind.
According to California law, independent expenditure committees are required to file what’s called a Form 496 within 24 hours when they spend more than $1,000 to support or oppose a candidate in the 90 days leading up to an election.
The anti-Davis ad, which was sent out Oct. 6, cost a whopping $15,946.43. But it took South Bay Labor three days to file the form with the city of San Jose.
Davis told Fly that while she hasn’t personally looked into the filing, the “carelessness” doesn’t surprise her, since SBLC was “just as careless with their facts.”
“I have consistently voted to spur the development of housing—including affordable housing—where it makes sense, such as along our transit corridors and I’m deeply proud of my record working to build an affordable city for our kids,” the councilwoman said.
Davis faces Green Party candidate Jake Tonkel for the District 6 seat on Nov. 3.
South Bay Labor could not be reached for comment by press time.