The Brennan Center regularly compiles 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 Katherine Munyan
and Syed Zaidi.
For more stories on an ongoing basis, follow the Twitter
hashtag #moNeYpolitics and #fairelex.
NEW YORK
Gov. Cuomo Proposes Public Financing of Elections in State
of the State Address
In his annual State of the State address on Wednesday,
Governor Andrew Cuomo outlined his vision for New York, including a bold
proposal for comprehensive ethics reform. With the stated goal of restoring
trust in state government, Cuomo
recommended public financing, a new anti-bribery statute, independent
enforcement at the Board of Elections and disclosure of outside clients doing
business with the state. In the 2014 State
of State handbook which accompanied the speech, the governor detailed these
as well as other reform initiatives, emphasizing that matching small donations
with public funds would give “voice to small donors” and “help enable a diverse
pool of candidates with substantial grassroots support, but little access to
large donors, to run competitive campaigns.” Good-government groups commended
Governor Cuomo’s reforms package and remain optimistic that it will pass. “This
kind of reform is never easy, it’s the Legislature imposing new restrictions on
itself, but we’re as close as we’ve ever been in New York,” Lawrence Norden,
deputy director of the Democracy Program at the Brennan Center, said.
Albany Times-Union Editorial Tells Cuomo to Back Rhetoric
With Action
On Thursday, the editorial
board of the Albany Times-Union praised Governor Andrew Cuomo for his
endorsement of campaign finance reform in the State of the State address, but
cautioned that the rhetoric must be backed up by action. If last year’s bribery
scandals were any indication, corruption has become rampant in the Albany. State
elections remain uncompetitive, with the current rules favoring incumbents with
big campaign chests over new challengers. Combined with inadequate enforcement
of even the paltry campaign finance laws already on the books, it is not surprising
that so many politicians thought they were above the law last year. New York
needs comprehensive reform: lower contribution limits, an independent
enforcement agency, no more loopholes, and most importantly a system of
matching small contributions with public funds. “Mr. Cuomo has shown that he
can push contentious measures through the Legislature — like gun control and
marriage equality,” the editorial noted. It remains to be seen whether the
Governor and the Legislature have to will to pass reforms to address the
epidemic of corruption.
Scharff in Buffalo News: Reduce Influence of Special
Interests by Matching Small Donations With Public Funds
Karen Scharff, executive director of Citizen Action, penned an
op-ed in the Buffalo News over the Holidays, encouraging New Yorkers to
combat the pay-to-play culture prevalent in Albany. As a reformer with 30 years
of experience in Albany, Scharff criticized the outsized influence that moneyed
interests have over the legislative process on nearly every single issue. In
return for large donations, special interests frequently expect favorable
legislation such as tax credits and deductions. However, this year, with the
start of the new legislative session, New Yorkers have the opportunity to mend
this broken system. The Moreland Commission to Investigate Public Corruption
has outlined proposals to help reshape state corruption and campaign finance
laws. If reform legislation can be passed that allows small donations to be
matched with public funds, then candidates would become less dependent on big
donors and more so on their constituents. “Whatever it is you think state
government should or shouldn’t be doing, with public financing you have a much
better chance of having your voice and your neighbors’ voices heard and not
drowned out by big money,” Scharff said.
NATIONAL
Colorado Hearings: Can a Political Party Set Up a Super PAC?
The Colorado Secretary of State’s Office is holding hearings
this week on a Colorado Republican Party (CRP) petition
for a formal determination on whether a political party’s super PAC can accept
unlimited contributions. The Colorado Republican Party (CRP) first set
up its own super PAC, the Colorado Republican Party Independent Expenditure
Committee, in August 2012. Under current practice, a political party’s
independent expenditure committee must abide by campaign contribution limits. In
an attempt to evade
these limits in the 2014 election, the CRP petition argues that its PAC will be
independent from the party, with no CRP members having “any degree of
management or control over the development of any of the plans, projects,
activities, or expenditures” of the super PAC. The Colorado Ethics Watch has filed
a petition opposing the CRP’s request. The Ethics Watch petition argues that
any rules on political party independent expenditures must conform to
Colorado’s limitations and source prohibitions on general contributions to
political parties.
Congressional Committee Leaders Receiving More Donations
from Regulated Industries
A Citizens for Responsibility and Ethics in Washington report
found an increase in campaign contributions to Congressional committee leaders
from the industries that they regulate. The report examined industry’s campaign
contributions to the chairmen and ranking members of ten House committees in
the 2010 and 2012 election cycles. Of the chairmen and ranking members
examined, 80% receive
an increasing portion of their campaign contributions from industries that they
regulate. The lawmakers concerned saw a 10% total growth in campaign
contributions between the two cycles, but a 24% growth in contributions from
relevant industries. These industry contribution trends are true across party
lines, and are extremely responsive to changes in a member’s committee
standing. For example, when Rep. John Kline (R-Minn.) replaced Rep. George
Miller (D-Cal.) as head of the House Committee on Education and the Workforce
in 2011, the education industry’s contributions to Kline tripled while dropping
contributions to Miller by over 50 percent.
2014 Brings New Legislative Plans to Defund Public Financing
in Arizona
Last month, the Arizona Supreme Court ruled
that higher campaign contribution limits passed by the state legislature do not
violate state law protecting voter-approved laws. Supporters of the Citizens
Clean Elections Act, a public financing system passed by statewide referendum
in 1998, believe that the higher campaign limits violate voters’ intents to
limit campaign donations. Opponents to the Citizens Clean Elections system
believe that the new limits do not go far enough in dismantling public
financing. Two Arizona legislators have announced
plans to pursue a rollback or repeal of the Citizens Clean Elections system in
2014. Rep. J.D. Mesnard (R-Chandler) is
proposing an outright repeal of the public financing system. Rep. Paul Boyer
(R-Phoenix) wants to put a measure on the 2014 ballot asking voters to redirect
the money funding the public financing system, largely from surcharges on
criminal, civil, and traffic fines, to the education system. Boyer introduced a
similar proposal last year, but it did not have enough support to come up for a
vote in the Senate.
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