MARIN COUNTY, which has a history of attentive political leadership and a generally sophisticated electorate, recently adopted a campaign reform ordinance designed to shine more sunlight on the darker corners of campaign financing.

 

It enacted reforms, which while not perfect, calls for fuller disclosure of independent expenditures - the principal source of funding behind negative campaign ads and mailers. But the law only applies to county races, a small fraction of the total.

 

This makes it arguably tougher for big money donors to hide, but if wealthy contributors offer full disclosure they are apparently still immune from legal prosecution for what are now commonly referred to as hit pieces.

 

In those nine cities in Marin (Novato being the exception) which have yet to adopt campaign reform ordinances, the opportunity for mischief remains. San Rafael, currently engaged in a heated council election campaign, is once again center stage for controversy with self-styled activist, Jonathan Frieman, who doesn't live in the city, once more playing the leading role.

 

Frieman has spent a large amount of his own money to derail candidate Gary Ford, whose political views presumably run counter to Frieman's.

 

His principal argument seems to be that, until public financing of campaigns is adopted - something which no serious political observer believes will happen soon - people such as him must do whatever necessary to equalize the playing field against the unscrupulous special interests that influence election outcomes.

 

His mailer was authored and printed by some group called "Citizens for Responsible Government." In other words he sees himself as the self-appointed defender of the public interest. The problem is that Frieman's vision of what is best for the general populace may not be universally shared.

 

Yet, under the present scheme, he can bankroll these negative attacks with near impunity and pay a measly $10 fine if he chose to disregard filing regulations.

Parking meter violations cost much more.

 

It did not help that several weeks ago the San Rafael City Council could not even muster a majority to sign "a fair campaign pledge" on the grounds that the word "negative" requires further definition lest its members were to run afoul of First Amendment rights.

 

Thus, while we are searching for its true meaning, which is something the courts may ultimately need to decide, Frieman can continue to push his iconoclastic notions of campaign reform, even if names and reputations are damaged in the process.

 

There is a legitimate distinction to be made between advertising and campaign fliers that use facts to challenge one's qualifications for public office and those which casually manipulate or distort the facts to generate voter disgust.

 

In the universe in which Frieman and his co-funders operate that line is easily crossed.

 

While IECs cannot be completely outlawed, nor is there much political will to do so in Washington, Sacramento or anywhere, San Rafael and all cities should follow Novato's and the county's lead and impose prohibitive fines and stiff criminal penalties on offenders.

 

This will not stop self-styled activists who seem to relish the greater celebrity and are willing to run the gauntlet of public criticism to have their way with the voters. But it would send a message even to them that elective offices are not just for sale to the highest bidder.