New Bush-Schwarzenegger Ad Launches

The California Democratic Party is launching a new television ad statewide tomorrow, once again trying to play on comparisons between Gov. Arnold Schwarzenegger and President George W. Bush. The ad, titled "Both," is produced by Morris & Carrick, whose co-owner, Bill Carrick, is helping state treasurer Phil Angelides on his media strategy.

The new CDP ad doesn't mention Angelides. But the Democratic party thinks it has a winner with the Bush-Schwarzenegger connection. Here is the script of the new ad:

"George W. Bush wants to privatize Social Security. Arnold Schwarzenegger wants to privatize the pensions of firefighters, police and teachers. Bush fails to fund his own education program. Arnold Schwarzenegger cuts school funding by $3 billion. George W. Bush raises the cost of college loans. Arnold Schwarzenegger raises college tuition and fees. Both are leaving our children behind. Call Arnold Schwarzenegger. Tell him he is too much like George W. Bush."

The Democratic Party also struck back today at Republicans for accusing them of illegally running "issue ads" attacking Schwarzenegger, like the one above. The state GOP believes that the law clearly forbids the party from running any ads attacking one candidate or supporting another — if the ads are paid for using unlimited donations. This rule kicks in during the 45-day window before an election, which started Saturday.

The GOP filed a complaint Monday with the Fair Political Practices Commission over the Democratic Party ads. But Rick Hasen, expert election law blogger, says it's complicated. He thinks the Democratic Party may have a point — that they can run the ads without being subject to contribution limits. Read his post for more details.

Art Torres, the chairman of the California Democratic Party, just wrote a scathing letter back to Duf Sundheim, chairman of the GOP, telling him he has the law wrong.

Torres says the FPPC has been clear: since the Democratic Party ads are about Schwarzenegger, and since Schwarzenegger obviously didn't ask for them to be produced at his "behest," they don't have to fall under contribution limits. Torres wrote:

"Subdivision (c) of section 85310 imposes a contribution limit to persons who pay for communications that feature a clearly identified candidate where that communication is made at the behest of that candidate. Logically, then, if the candidate that is clearly identified in the communication does not behest the communication, then no such contribution limitation would apply." (Emphasis added by Torres.)

The courts or the FPPC will sort it out. Back to your regularly scheduled programming.

UPDATE: Patrick Dorinson, spokesman for the California GOP, said this legal back-and-forth won't be the end of it. He criticized Angelides for supporting Proposition 89, which would install modified public financing of campaigns and even stricter donation limits, while allowing the Democrats to "flaunt the law. ... We will be pursuing all of our legal remedies."