Every Friday, the Brennan Center will be compiling the
latest news concerning the corrosive nature of money in New York State
politics—and the ongoing need for public financing and robust campaign finance
reform. We’ll also be linking to dispatches from around the country
highlighting the national scope of this crisis. This week’s links were
contributed by Syed Zaidi.
For more stories on an ongoing basis, follow the Twitter
hashtag #moNeYpolitics and #fairelex.
NEW YORK
Poughkeepsie Journal Laments Senate Action on Public Financing
During this legislative session, four
state lawmakers faced new corruption charges, while another, Assemblymen
Vito Lopez (D-Brooklyn) resigned due to allegations of sexual harassment. Two
more state legislators were revealed to be wearing wires for federal
investigators. On Tuesday, the Poughkeepsie
Journal lamented the Senate’s inaction on addressing corruption. According
to the editorial, state officials had plenty of options. Foremost among these
was reforming the state’s porous campaign finance laws. “More light must be
shed on any outside business dealings of elected officials as well as any use
of campaign money for personal purposes.” The newspaper also touted proper
enforcement and reporting requirements as important steps to take. Unfortunately,
as Assemblyman Bill Nojay (R-Pittsford/Monroe County) put it, the “2013 session
is [now] going to be remembered for corruption, investigations, pay to play,
sexual harassment and cover-ups.”
NYS Attorney General Schneiderman Describes New Regulations
on Outside Spending
The New York State Attorney General Eric Schneiderman had a great
column in the Albany Times-Union addressing the role of dark money in our
elections. The current scandal embroiling the Internal Revenue Service
involving the targeting of conservative-leaning groups is the product of
unclear regulations on political contributions. After the Supreme Court struck
down restrictions on outside spending in elections with the Citizens United
decision the IRS issued regulations that created confusion for the IRS staff. The
Internal Revenue Code requires 501(c)(4) non-profits to operate “exclusively”
for the promotion of social welfare. The IRS, however, issued regulations that
misinterpreted “exclusively” to mean “primarily,” an unclear standard. Consequently
IRS staff potentially carried out discriminatory word searches and intrusive
requests for detailed information from groups seeking to identify if these
“non-profits” were indeed social welfare organizations. Simply following the
Tax Code by requiring 501(c)(4)s to operate solely for social welfare purposes would
remedy this problem. In the mean time, given the regulatory gap, state attorney
generals can take action. Many states are empowered to regulate charities and
non-profits operating in the state. Attorney General Scheniderman has already
announced new regulations requiring 501(c)(4) organizations that spend more
than $10,000 on state and local elections to disclose their donations and
expenditures. “While we cannot control spending in federal campaigns we can,
for example, ensure that New Yorkers will know who is paying for attack ads in
this year’s mayoral campaign and next year’s race for governor.”
Sierra Club Contends Lawmaking Influenced by Political Donors
In the Buffalo
News, Pamela Hughes, vice chairman of the Sierra Club Niagara Group, and
Sara Schultz, the group’s secretary, write that our elected officials should be
held responsible to their constituents not their corporate donors. “In Albany,
if you want to figure out how a legislator will vote, the best place to look
isn’t at what their constituents believe, but at what their campaign donors
want.” In 2012, pro-fracking interests dumped $400,000 in the campaign coffers
of Southern Tier politicians. Subsequently a bill to protect New Yorkers from
toxic fracking waste was stopped by the same state senators whose campaign
chests were expanding. Worse, year after year politicians have side-stepped
important reforms that would reduce the influence of money in our elections.
Publicly financing our elections by matching small donations from in-district
residents is a good remedy to the disproportionate influence of wealthy
corporations over our legislative process. New Yorkers must ask themselves whether
they want our politicians to answer to taxpayers or campaign donors.
Rochester Democrat and Chronicle Editorial Criticizes
Self-Praise by Lawmakers
Despite self-praise by lawmakers for this year’s legislative
session, major regional newspapers have been highly critical of their job
performance. The Rochester
Democrat and Chronicle remarked that “despite more sex scandals and the
indictment of lawmakers on bribery charges, there was no meaningful legislation
that pushed back against Albany’s
culture of corruption.” The legislature failed to pass any anti-corruption
proposals. Campaign finance reform is an idea that is supported by a vast
majority of New Yorkers and even a majority of legislators. However, election
reform went nowhere; the Senate leadership refused to bring it up for a vote.
Ultimately until “New Yorkers can trust their government and its leaders, it’s
hard to believe that real progress toward Cuomo’s new New York is being made.”
Buffalo News Editorial: Accountability Still Missing From
Electoral Process
The Buffalo
News was also disappointed in Albany’s inability to meet the needs of
constituents. Nefarious activities by legislators were too frequent in Albany.
Accountability has been missing from our election and policy process for quite
some time. Public financing of elections is a necessary remedy. It would open
more incumbents to the threat of challenge. The refusal by Senators Dean Skelos
and Jeffrey to address basic concerns about trust in our representatives Klein
is truly appalling. The Buffalo News calls for Albany to get “serious about
official malfeasance.”
NATIONAL
Sunlight Foundation: Shocking Facts About the 1 Percent of
the 1 Percent
The Sunlight
Foundation has come out with a shocking analysis of campaign contributions
during the 2012 election cycle. Entitled the Political 1% of the 1%, the report
notes that 28 percent of all disclosed political contributions came from just
31,385 people in the U.S., out of more than 300 million citizens. No member of
the House or Senate elected last year won
without financial assistance from these individuals. And 84 percent of
those elected in 2012 took more money from the top 1 percent of the 1 percent of
donors than they did from all of their small donors (individuals who
gave $200 or less) combined. For a quick summary, Mother Jones does a great job
of boiling
down six of the most noteworthy takeaways from this study. This tiny
moneyed elite donated $1.62 billion in the 2012 election cycle, including $500.4
million to Super PACs and $670.5 million to political parties. This total does
not even count the nearly $305 million that was funneled by donors that remain
unknown. The median contribution from the 1 percent of the 1 percent was
$26,584 – a little more than half the median annual family income in the
country.
Seattle City Council Passes Measure for Residents to Vote on
Public Financing
On Monday, the Seattle City
Council passed a bill allowing voters the option to approve a measure for
publicly funded local elections come November. To qualify, candidates will have
to collect contributions of $10 or more from at least 600 Seattle residents.
Donations up
to $50 would be matched at a six-to-one ratio but only for the first
$35,000 raised. Candidates who choose to participate voluntarily may receive up
to $210,000 in public funds for the primary and general election. To fund the
program, a tax levy, which still needs approval from residents, would collect about
$5.76 per year for a home valued at $350,000. Former Mayor Norm Rice, who won
both City Council races and the Mayor’s race when a different local public
financing regime was in place – before a state initiative prohibited the
practice – praised
the system, stating that “everybody’s dollars really counted, not just rich
ones.”
U.S. Court of Appeals for the Tenth Circuit Upholds District
Court Decision in Free Speech v. FEC
On Tuesday, the U.S. Court of Appeals for the Tenth Circuit upheld
an earlier ruling by the U.S. District Court for the District of Wyoming in
Free Speech v. FEC. Free Speech is a Wyoming-based, 501(c)(4) tax-exempt organization
with the goal of promoting and protecting “free speech, limited government, and
constitutional accountability.” Free Speech challenged the constitutionality of
the FEC’s regulations concerning federal disclosure laws that require
non-profit “social welfare” organizations to disclose their expenditures and
the sources of their donations. The trial court had upheld the rules regulating
nonprofits’ outside spending, and the appeals
court affirmed the decision. Tara Malloy, senior counsel at the Campaign
Legal Center, which submitted in amici
brief in the case, stated that “This suit, like a flurry of similar suits
nationwide, asked the court to ignore precedent and reject the public’s right
to know who or what group is spending large amounts of money to determine the
winners and losers on Election Day.”