By Brandon Pho
San Jose Spotlight

A federal elections complaint against state Assemblymember Evan Low is intensifying Silicon Valley’s hottest congressional race and putting attention on the political role of nonprofits.

A complaint filed over the weekend by former Federal Elections Commission Chair Ann Ravel alleges Low, who is running for Congressional District 16, used the e-mail server and contact list of 501(c)(3) nonprofit Stand With Asian Americans to reach possible voters without disclosing it as an in-kind contribution — and despite federal laws barring nonprofits from directly contributing to campaigns.

Ravel said she became aware of the issue earlier this year through a staffer of Low’s opponent, former San Jose Mayor Sam Liccardo.

“My interest in this is not because I’m a supporter of Sam. Having been FEC chair — and as someone who speaks a lot about campaign finance issues — the lack of disclosure of what was clearly a contribution, for me, is a big issue,” Ravel told San Jose Spotlight. “Especially in a race like this.”

Ravel’s complaint alleges Low’s campaign sent an e-mail vaunting his pro-choice voting record with an unsubscribe button that linked out to a Website hosted by Stand With Asian Americans. Ravel argues this signals Low’s campaign is using the nonprofit’s email list. Thus, it is an in-kind contribution that needs be reported since it constitutes services offered for free or at less than the usual charge.

Lam Nguyen, a spokesperson for Low’s campaign, said the link was a mistake.

“Sam Liccardo is once again deploying his supporters to make false accusations against our campaign, and distract (from) his own shady conduct,” Nguyen told San Jose Spotlight in a statement. “This is simply a case of a volunteer working in their personal capacity using the wrong hyperlink. The e-mail list was purchased from the county registrar and reported by the campaign.”

Robin Logsdon, Liccardo’s campaign manager, said the complaint raises crucial transparency questions.

“Evan Low will do anything to further his political career, whether it’s breaking the law or taking money from oil companies, PG&E or private prisons,” Logsdon told San Jose Spotlight. “It’s gotten so bad Barack Obama’s former FEC chair is now calling him out, four years after the FPPC opened a still ongoing investigation into him. Voters deserve better.”

Tax-exempt nonprofits with 501(c)(3) status are prohibited from directly or indirectly supporting candidates for elected office under IRS rules.

This includes contributions to candidate committees, political party committees or a political action committee (PAC). The U.S. Supreme Court’s 2010 ”Citizens United” decision opened the door for another type of nonprofit, 501(c)(4)s such as the Sierra Club and National Rifle Association, to play a bigger role in political campaigns.

In a statement, Stand With Asian Americans President Michelle Lee and COO Brian Pang denied giving Low their e-mail subscriber information.

“It is against our core policies to share, sell or disclose any subscriber information to external entities, including political campaigns,” they told San Jose Spotlight. “(Stand With Asian Americans) has never provided email lists to the Low campaign. Any suggestion otherwise is categorically false and misrepresents our unwavering commitment to our community’s privacy and trust.”

The contest for Congressional District 16, an open race with Rep. Anna Eshoo retiring, has been historic — and rife with politically-targeted election complaints.

When Low ended up in a stunning tie with Santa Clara County Supervisor Joe Simitian in the March primary, two FEC complaints targeted Liccardo, the top vote getter in March, over suspected ties with people and PACs paying for and pushing for the recount that eventually knocked Simitian out and ensured Liccardo would only face one opponent in November.

Ravel criticized those complaints against Liccardo in July, calling them a “manipulation” of the voters by Low’s political allies.