Dec. 2006:Agua Caliente v. FPPC ( CA Supreme Crt Ruling)
"In light of evolving United States Supreme Court precedent and the
constitutionally significant importance of the state’s ability to provide a
transparent election process with rules that apply equally to all parties who enter
the electoral fray, we find the FPPC states the better case. Although concepts of
tribal immunity have long-standing application under federal law, the state’s
exercise of state sovereignty in the form of regulating its electoral process is
protected under the Tenth Amendment and the guarantee clause. We therefore
find that the Tribe lacks immunity from suit for its alleged failure to follow the
PRA’s mandated reporting requirements. In so holding, we recognize that our
abrogation of the sovereign immunity doctrine under these facts is narrow and
carefully circumscribed to apply only in cases where California, through its Fair
Political Practices Commission, sues an Indian tribe for violations of state fair
political practice laws. We thus affirm the Court of Appeal judgment and remand for
proceedings consistent with our ruling."
S123832.pdf — PDF document, 92 KB (94423 bytes)
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