Intriguing updates emerged on Democratic gubernatorial candidate Xavier Becerra’s campaign website on Tuesday.
Highlighted in bright red text, and boxed by a red outline, was a game plan for attacking one of Becerra’s top rivals in the California governor’s race, billionaire hedge fund founder turned environmental activist Tom Steyer.
But was that message meant for California voters or, perhaps, a more specific audience — the operatives running the newly formed big-money independent committees that are backing his campaign?
Becerra’s website may be using a practice known as “red boxing,” a nod to how campaigns signal what they want outside groups supporting them to focus on in their ads and other tactics. That strategy is used to avoid running afoul of laws prohibiting campaigns from directly coordinating with “independent” expenditure committees.
“What we’re looking at with the Becerra web page is a textbook example” of efforts to circumvent rules that disallow such coordination, said Aaron McKean, senior legal counsel for campaign finance at the Campaign Legal Center, a Washington, D.C.-based nonprofit focused on fair elections. “It’s specifically calling out particular messaging and particular ways of communicating with voters … as a way to get Super PACs, nominally independent spenders, to do the bidding of the campaign.”
Under Supreme Court rulings, independent expenditure committees can accept unlimited donations, in contrast with candidate campaign committees that have contribution limits. In the 2026 election, California gubernatorial candidates can accept a total of $78,400 from each donor for the primary and general elections.
However, the separate entities are not allowed to communicate, a rule that is routinely flouted. Campaigns have long sent signals to independent expenditure committees about the messages they would like to see highlighted, the venues they hope to see the communications and the voters who ought to be targeted.
“It’s a way of technically complying with the law while still helping Super PACs craft their message,” said Rick Hasen, a UCLA law professor who directs the “Safeguarding Democracy” program there. “It’s epidemic. It’s absolutely standard procedure.”
He added that the Supreme Court has created “an illusion of regulation,” but while billionaires such as Steyer can self-fund their campaigns, it’s not surprising for other candidates to try to boost their chances with wealthy donors.
“Now that people are taking [Becerra] seriously, and if he’s getting Super PAC support, then this is a good way to telegraph what he thinks are his strong points without actually communicating with those groups,” Hasen said. “But it’s not coordination. If there’s no direct contact, if they’re not calling each other up or talking about it, and they’re just publicly posting the information, even if it’s in code, on Twitter, and everybody you know in the professional world knows about it, and nobody else does, it still doesn’t break the law.”
Campaigns that use “red-boxing” will post on their websites information supposedly aimed at voters, but the messages are often in language that is not typically used to communicate with the electorate. That includes describing specific campaign messages suitable for advertising or attacking opponents, sometimes highlighted in a literal red box.
Such practices are growing increasingly common — and increasingly lucrative. According to a 2024 article titled “Coordination in Plain Sight: The Breadth and Uses of ‘Redboxing’ in Congressional Elections” published in the Election Law Journal, more than 200 candidates for federal office used the tactic during the 2022 midterm election, and often received greater financial support from independent expenditure committees than candidates who did not embrace the strategy.
Becerra, the former U.S. Health and Human Services secretary, was languishing in the 2026 governor’s race to replace termed-out Gov. Gavin Newsom until former Rep. Eric Swalwell (D-Dublin) dropped out because he is facing allegations of sexual assault and misconduct. Becerra quickly began climbing in the polls, and is now one of the leading candidates.
This week, two independent expenditure committees are being formed to back Becerra’s candidacy, including one associated with Newsom’s longtime political advisors, who declined to comment about the matter.
A Becerra web page was posted late Tuesday titled “Voters Need to Know.” Literally lined by a red box, it contrasts Becerra’s humble roots with Steyer’s background. The bullet points highlight Steyer’s hedge fund’s investments in fossil fuel, tobacco, private prisons and casinos.
“There are countless examples. They all tell the same story,” the campaign web page says, before noting, “… progressive voters on the go need to see Facebook (and other) content showing Democrats coalescing behind Xavier Becerra as the Democrat in the race.”
The page also suggests rebuttals to a Steyer ad attacking Becerra.
While it is near impossible to divine a candidate’s intent, political communications professor Dan Schnur said there are notable details in the Tuesday night post.
“The logical question is are they informing everyday voters who came to the Becerra website for information about Tom Steyer, or is it a potentially underhanded way of providing information to independent committees,” said Schnur, who served as the chair of the Fair Political Practices Commission from 2010 to 2011. “Aside from the legality or the morality of this type of tactic, putting the information in a literal red box was probably not the best idea. … An actual red box is a very visible red flag.”
Ballots will start arriving in voters’ mailboxes in days, and the primary is June 2. Even if a complaint is filed with the election integrity watchdog, it almost certainly would not be resolved before the election. So taking a gamble on skirting electoral law and being fined down the line may be worth a potential strategic boost in a chaotic and unsettled election before the primary, Schnur added.
A representative from the Fair Political Practices Commission did not respond to a request for comment.
Becerra’s campaign, asked about the new posting and whether it was an effort to send signals to the two new independent expenditure committees, responded that the candidate was merely contrasting his record with Steyer’s.
“Xavier Becerra spent his career taking on powerful corporations, lowering costs for Californians, and expanding access to affordable healthcare,” said Jonathan Underland, a Becerra spokesperson. “Tom Steyer spent his bankrolling private prisons and fossil fuel companies. Becerra is the clear choice for Democrats who want a fighter — not a billionaire wearing California values like a Halloween costume.”
Steyer’s campaign responded that Becerra was following a familiar electoral playbook.
“Xavier Becerra is signaling to his allies with Big Oil and the utility monopolies how they should spend their millions distorting Tom Steyer’s record,” said Steyer spokesman Anthony York. “Becerra is doing everything he can to run away from his record of mismanagement and decades of doing the bidding of powerful interests at the expense of working Californians.”
This is not the first instance of questions being raised about coordination between campaigns and outside groups. San José Mayor Matt Mahan is the subject of a Fair Political Practices Commission complaint that alleges he coordinated fundraising and campaign strategy with the donors of independent expenditure committees supporting his bid. Mahan’s campaign has denied the allegations.
