Home > 2.9 Electoral offences and sanctions > Report on the Misuse of Administrative Resources during Electoral Processes
 
 
 
Download file    
 
 
Paragraph 98
 

In the judicial practice of the United States of America, there are also relevant cases:


People v. Sperl: in 1976, the Marshal for Los Angeles County put a vehicle at the disposal of a candidate, his staff and family. Mr Sperl was sentenced to prison; the execution of the sentence was suspended and he was placed on probation for a period of four years, on certain terms and conditions, one thereof being that he spent the first six months in the county jail and was fined $500.


People v. Battin: in 1974, Battin was Supervisor of the First District of Orange County, while he decided to seek the Democratic Party's nomination for Lieutenant Governor of California. During the five months up to the time of the primary, he used his office, equipment and staff to promote his candidacy. Mr Battin was given three years' informal probation on the condition that he served six months in the county jail and paid a $3,500 fine plus penalty assessments.


Stanson v. Mott: in June 1974 in California, voters approved a $250 million bond issue to provide funds for the future acquisition of park land and recreational and historical facilities by state and municipal authorities. One day before the election, plaintiff Sam Stanson filed a taxpayer suit, alleging that defendant William Penn Mott, Jr., Director of the California Department of Parks and Recreation (department), had authorised the department to spend more than $5,000 of public funds to promote the passage of the bond issue. Asserting the illegality of such use of public funds, the plaintiff sought a judgment that would require Mr Mott personally to repay the funds to the state treasury and any other appropriate relief. The Supreme Court unanimously found that the director had acted unlawfully, and stated that “...The selective use of public funds in electoral processes, of course, raises the specter of just such an improper distortion of the democratic electoral process.”