Silicon Valley lawmaker faces second federal elections complaint

Assemblymember Evan Low has been slapped with another federal elections complaint, this time alleging improper use of money for his congressional campaign.

Defend the Vote, a voting rights advocacy group and political action committee, filed the complaint with the Federal Elections Commission Wednesday. It alleges Low’s state Assembly committee spent money on advertisements to support his federal campaign in Congressional District 16. Candidates cannot use funds from non-federal committees in a federal race unless they abide by federal regulations, such as federal contribution limits and restrictions on contributions from corporations.

The expenditures in question total $45,070, most of which has been spent on producing and dispersing a video advertisement featuring Low in the Sing Tao Daily and its radio. In the video, Low lists his achievements in the state Legislature and thanks his supporters in Assembly District 26, which he currently represents. The committee has received contributions for more than the FEC’s $3,300 maximum amount and from companies such as AirBnB and StubHub, which are not allowed in federal elections.

While there is no explicit mention of his congressional race, Defend the Vote’s complaint contends the video is “a campaign ad in a thin disguise,” citing Low’s repeated use of the phrase, “I’ve fought for you,” and other rhetoric. The complaint also points out that the ad was distributed through Sing Tao’s circulation across the congressional district and not limited to just Low’s Assembly district.

“The ad itself is pretty blatantly a campaign ad,” Adam Bozzi, spokesperson for Defend the Vote, told San José Spotlight. “It’s being run outside of his legislative district. His reports don’t include the funding transparency and, when you dig deeper and find out where the money is coming from, it’s not permissible. It’s a pretty clear violation.”

Bozzi said his group hopes drawing attention to the alleged violation will hold Low’s campaign accountable and change its tactics.

Defend the Vote has endorsed and contributed $2,500 to Low’s opponent in the race, former San Jose Mayor Sam Liccardo.

Lam Nguyen, Low’s deputy campaign manager, said the complaint is “false and meritless,” adding this complaint and an earlier complaint against Low have been filed by Liccardo’s supporters as distractions.

Low’s campaign disagrees with the complaint’s suggestion the ads are about his federal campaign. The state’s Political Reform Act allows candidates to use campaign funds on expenses related to their government offices — in this case, communicating with Low’s constituents.

“Voters are smart enough to see through Sam’s attempt to paper over his own ethical shortcomings, as evidenced by the fact that this was filed by an endorser and donor to his campaign,” Nathan Click, Low’s campaign spokesperson, told San José Spotlight.

The first complaint against Low, filed in August by former FEC Chair Ann Ravel, alleged Low used an email list from a 501(c)(3) nonprofit for campaigning. Low and the nonprofit, Stand With Asian Americans, denied the allegations.

Gil Rubinstein, Liccardo’s campaign spokesperson, said the allegations show Low is trying to skirt campaign finance rules.

“Evan Low, who is already under investigation from the Fair Political Practices Commission for campaign finance violations, continues to find new ways to break campaign finance laws and betray the public trust,” Rubinstein told San José Spotlight. “Ethical leadership is the bare minimum for any elected official. Voters deserve better.”
Larry Gerson, a political observer and San Jose State political science professor emeritus, said the FEC would have to determine Low’s intent to investigate the complaint — and that is difficult to measure. He added filing FEC complaints are a common tactic for campaigns and have been especially common in this election, where Low and Liccardo have two FEC complaints each.

Before Ravel filed her complaint against Low in August, Liccardo received two FEC complaints alleging he has ties to the super PAC that paid for the contentious March primary election recount that knocked Santa Clara County Supervisor Joe Simitian off the ballot.

The open race to fill Rep. Anna Eshoo’s seat in Congress as she retires has been rife with political finger pointing, though whether any of these complaints will make a difference to voters in November is a different story. Gerson said it’s nearly impossible to know what affects voters’ choices, but they do notice the tension that exists between both campaigns.

“It’s another dust up, and it really gets to the incredibly bad relations between these two campaigns. That in and of itself could sour voters,” Gerston told San José Spotlight.

Contact B. Sakura Cannestra at [email protected] or @SakuCannestra on X, formerly known as Twitter.