California legislative candidates accused of using illegal campaign tactics

An investigation has revealed that at least 14 candidates for the California Legislature are utilizing a controversial tactic known as “red boxing” to potentially bypass state campaign finance laws.

Through this method, candidates package specific messaging on their official websites in a way that allows independent expenditure committees to easily adopt the content for advertisements. Under California law, advertisements made at the behest of an official campaign are presumed to be coordinated spending rather than independent expenditures, which may result in illegal violations of contribution limits.

In one documented instance, Assembly candidate Jessie Lopez’s website featured a section in a red box containing specific talking points about her opponent, David Penaloza. Shortly after, an outside group, Working People United, released digital ads that mirrored this exact messaging. Working People United is sponsored by the SEIU California State Council, which has spent at least $1.4 million in support of Lopez since April.