Senate Proposal Empowers Citizens to Take Legal Action Against Government Electioneering

State Senator John Kavanagh is pushing for legislation that could empower residents to hold local governments accountable for the misuse of public funds in election-related activities.

His proposed bill, SB1036, aims to expand on existing laws that prohibit cities, counties, school districts, and special districts from using taxpayer dollars to influence voter behavior.

Currently, enforcement relies solely on state and county prosecutors, but Kavanagh’s measure would allow any resident to file a lawsuit if they believe public funds have been improperly spent.

The legislation introduces a notable incentive for individuals to take action: If a resident successfully sues, they may receive a reward of up to $5,000, reflecting penalties that public officials would have to pay from their own pockets.

Kavanagh emphasizes that while current laws are effective when prosecutors engage, many residents feel powerless when their concerns are ignored by officials who may lack the resources or motivation to pursue such cases.

“Ordinary people need an avenue for judicial review, especially when those in authority choose not to act,” he said, acknowledging the potential for political bias among prosecutors.

The senator points out that municipalities often engage in questionable practices when informing voters about ballot measures. He refers to recent controversies, including a situation in Gilbert where misleading promotional materials were distributed during elections.

There, voters faced biased messaging on Propositions 497 and 498, with criticisms arising over a video that only highlighted the negative consequences of a “no” vote without presenting opposing viewpoints.

Current laws allow local authorities to disseminate information but must maintain a neutral stance. However, critics argue that many local governments skirt these regulations by putting their thumbs on the scale.

Kavanagh asserts that empowering residents to file lawsuits can deter misleading public communications. He believes this approach can complement existing legal frameworks designed to challenge government overreach.

He draws comparisons to federal qui tam actions that incentivize whistleblowing on fraud against the government. By encouraging accountability, the senator seeks to provide citizens with a clearer mechanism to safeguard public interests.