Giuliani Insider Linked to Failed Attempt to Split Electoral Votes in California

Charles H. Bell and Thomas Hiltachk, partners in the Sacramento political and election law firm, Bell, McAndrews & Hiltachk (BM&H) formed Californians for Equal Representation (CER) and attempted to raise funds and collect petition signatures to qualify a proposition for the June 2008 primary ballot to reallocate California’s 55 electoral votes by congressional district. The so-called Presidential Election Reform Act sought to give one electoral vote for each congressional district won by a presidential candidate and the two remaining electoral votes to the statewide winner.

CER accepted a $175,000 donation on September 11 from Take Initiative America, a company created on September 10 by Missouri Republican Charles Hurth III, who also donated $2,000 in March to Rudy Giuliani’s presidential campaign. The New York Daily News reported on Friday that Paul Singer, fundraiser for Rudy Giuliani, admitted being the sole contributor to Take Initiative America.

On Thursday, Thomas Hiltachk, who drafted the ballot initiative, resigned from CER citing the groups’ inability to raise sufficient funds. I applaud Hiltachk for abandoning the initiative, however I sincerely doubt true and non-partisan presidential election reform was on his mind considering the questionable practices engaged by his firm, BM&H.

BM&H has ties to Robert J. Perry, principal donor to the Swift Boat Veterans for “Truth,” the group responsible in 2004 for illegal and unsubstantiated attacks on John Kerry’s military service in Vietnam. Perry also has political and financial ties to former White House Deputy Chief of Staff Karl Rove. BM&H partner Charles Bell is listed in FEC documents as the custodian of records and treasurer of the Economic Freedom Fund (EFF), a California 527 committee organized and financed by Perry. Indiana filed a lawsuit against EFF for violating election law in 2006. The U.S. 7th Circuit Court of Appeals ruled in favor of Indiana after EFF challenged the suit. The legal battle is ongoing. Perry also funded media buys and push polls that attacked Democratic Congressional candidates and has contributed millions to other 527s that supported Republican candidates and causes. Bell himself was fined in 2004 by the California Fair Political Practices Commission for eight violations of election law while the paid treasurer of the California Independent Business Political Action Committee.

I can’t argue with anyone who proposes fair campaign and election reform. After all, the subject is often the topic of debate among both Democrats and Republicans. However, the latest effort in California was nothing but an egregious attempt by Republican supporters to circumvent the process by changing the rules to benefit their candidates in presidential elections. Their “reform” was not designed to empower California’s voters, but rather partisan interests.

Perhaps more reprehensible is the attorneys behind the failed initiative specialize in election law have been found guilty of violating such laws and apparently advised their shady clients to do the same.