California Democrats are spending public money on voter outreach. Are they breaking the rules?

California is spending $35 million on ads now airing to tell state voters that mail-in voting is “simple, safe” and “secure” during the coronavirus pandemic.

Although voters are seeing the ads, the contract has yet to be seen by key state departments or the public. It also appears Padilla’s office failed to secure the necessary authority to spend the money.

The contract was awarded by Secretary of State Alex Padilla to a public affairs firm that touts itself as on “Team Biden,” prompting questions about the bipartisan nature of the effort.

Now Republican leaders are raising concerns, telling county supervisors Padilla used money that would be better spent by individual counties.

California’s budget says the money in question is to be “provided to the counties” to help them prepare for the November election in light of the coronavirus. It says the money could be used to cover such costs as ballot printing, mailing and postage, equipment needs, additional staffing, communication and outreach.

Secretary of State officials told the state Controller’s Office that they were spending the money on the ad campaign on the counties’ behalf, according to an email obtained by The Sacramento Bee.

“Entering into the contract on behalf of all 58 counties was essential to maximize statewide reach and consistent messaging across all media markets for all Californians,” Lizette Mata, deputy secretary of state for operations, wrote in the email. “We have contacted counties who expressed an inability to administer funds directly, lacking resources and expertise to coordinate outreach and education funds.”

The state can use money provided to the counties to support the election effort, said H.D. Palmer, deputy director for external affairs for the state Department of Finance. But he said the budget requires the finance department to approve it and notify the Legislature, which it has not done.

“Finance has not authorized a transfer of funds under this provision,” he said.

Counties didn’t ask for work ‘on their behalf’

In a letter to Republican county supervisors across the state on Friday, the heads of the state Republican caucuses questioned the approach.

“We have spoken to several county supervisors, and we have yet to find a single county that asked the Secretary of State to do this work on their behalf,” said the letter from California Senate Republican Leader Shannon Grove and Assembly Republican Leader Marie Waldron.

This year California will send mail ballots to all 21 million voters in an effort to ensure that they can vote safely amid the coronavirus pandemic. President Donald Trump has criticized what he says is an “unsolicited” effort by Democrats to reach voters on a large scale, rather than responding to mail ballot requests from individual voters.

The process of awarding the contract for the outreach campaign has been the subject of inquiries since last month, when The Sacramento Bee reported a $35 million contract had gone to a high-profile consulting firm, SKD Knickerbocker. The firm has represented several notable Democrats and currently touts itself as belonging to “Team Biden” on its website. A top SKD Knickerbocker partner, Anita Dunn, was named a top adviser to the Biden campaign earlier this year. Dunn also previously served as director of communications for Barack Obama.

Both the firm and the Secretary of State’s Office have said the effort is non-partisan, and those working on it have no direct ties to politicians.

In the document outlining the scope of work for the project, the Secretary of State’s Office said the winning firm would need to include “a (get out the vote) targeting expert.” In its proposal, SKD Knickerbocker said it would “take a close look at historical turnout and devote more resources to education and (get out the vote) in lower-performing counties such as Imperial County or those in the Central Valley.”

Mail-in voting ads started

The Bee has repeatedly asked for a copy of the finalized outreach contract from state agencies, but has been unsuccessful. The Department of General Services, which approves state spending, says it has yet to receive a copy. The state Controller’s Office, which distributes state payments to vendors, also said it has not received a copy of the contract, and can’t yet judge whether the agency has the proper authority to distribute payments.

On Sep. 15, Paula Valle, chief communications officer with the Secretary of State’s Office, told The Bee the contract had been delayed. When asked why, Valle said “contracts are just slow, as I have learned working for the state.” As of Wednesday, the contract had still not made it to the Department of General Services for a formal review.

This week, despite the delay, SKD Knickerbocker began airing digital, TV and radio ads for Vote Safe California across the state.

Valle said public contract law allows the agency to receive services from the consulting firm prior to the formal approval and execution of a contract.

The Republicans’ letter says they have made inquiries about the contract, but have yet to receive a “satisfactory answer as to where the $35 million comes from.” Leaders urged county officials to conduct their own inquiries to make sure they receive the funds they are due.

“These General Funds are due to the county. You know your citizens better than anyone and should control your voter outreach,” the letter to county supervisors said.

“If you did want Secretary of State Alex Padilla to assist you with these activities, you certainly would not expect him to hire a partisan Democratic firm supporting one Presidential candidate over another,” it said. “Just imagine the uproar if this firm were in support of President Trump.”

On Tuesday, Grove sent a letter to Gov. Gavin Newsom, calling for the governor to intervene and the cancel the “problematic contract.” When asked about the contract earlier this week, Newsom said he was not aware of the details.

This story was originally published September 29, 2020 at 5:00 AM with the headline "California Democrats are spending public money on voter outreach. Are they breaking the rules?."