Money in New York Politics

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. This week’s links were contributed by Eric Petry.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

Indictments Not an Issue for New York Politicians Seeking Re-Election

Four New York politicians were re-elected on Tuesday despite facing federal indictments.

• Congressman Michael Grimm won re-election to his Staten Island-based House seat despite facing a 20-count federal indictment for various offenses.
• State Senator Tom Libous was re-elected with 60 percent of the vote in the 52^nd Senate district. Libous still faces a trial on charges of lying to federal investigators, but he is attempting to have the charges thrown out on technical grounds.
• State Senator John Sampson of Brooklyn was charged this summer with embezzling hundreds of thousands of dollars, but still won his primary and general elections by very comfortable margins.
• State Senator William Scarborough ran uncontested on Tuesday. He was charged and arrested this summer for improper use of campaign funds.

Post-Moreland Reforms Unsuccessful

The New York World in partnership with Capital New York published an assessment of the reforms that Governor Cuomo secured in exchange for shuttering the Moreland Commission earlier this year. These reforms included a pilot program to test public financing, new disclosure rules, and a new office of enforcement at the State Board of Elections. Overall, the article claims, these reforms have been a bust. New York Comptroller, Democrat Tom DeNapoli, opted out of the pilot public financing system, citing the program’s structural flaws. His opponent, Republican Bob Antonacci, did participate in the program, but was unable to raise the requisite $200,000 in matchable contributions to qualify for the public funds. Increased disclosure for outside spending, while necessary, was not a profound reform because New York’s unusually high contribution limits allow big spenders to make direct campaign contributions instead. Finally, the independent enforcement office at the Board of Elections took little action this election cycle and proved to be less independent than planned.

Poll: Small Businesses Support Public Financing

A recent national poll conducted by Small Business Majority shows that 85 percent of small business owners support public financing of elections. The results also show that small employers feel that their voices are drowned out by large corporations, giving big business an unfair advantage in the political process. The poll reflects survey responses from 900 small business owners, with 48 identifying as Republican or independent-leaning Republican, 32 percent as Democrat or independent-leaning Democrat, and 11 percent as independent. 

IDC Senators Want to Remain with Republicans

State Senator Jeff Klein, leader of the Independent Democratic Conference, announced last week that the he wants the IDC to remain aligned with the Republican majority, despite promises earlier this summer to form a coalition with the other Democrats in the chamber. The deal struck this summer helped to appease the Working Families Party and major labor unions, allowing Klein and the rest of the IDC senators to avoid difficult primary challenges from the left. But while the IDC Senators won reelection, other Democratic candidates were less successful, leading to Republicans taking 32 seats and maintaining control of the state Senate. The Senate GOP leader, Dean Skelos, would not confirm whether he would welcome a new coalition with the IDC.

Money in New York Politics

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. This week’s links were contributed by Eric Petry.

For more stories on an ongoing basis, follow the Twitter hashtags#moNeYpolitics and #fairelex.

NEW YORK

City Board of Elections Creates Another Poorly Designed Ballot

The New York City Board of Elections has come under scrutiny in recent years for designing confusing ballots that led to tens of thousands of votes being thrown out as invalid. It appears that 2014 could be no different. One of the recurring issues with the Board’s ballots has been that candidates for the same races are split onto multiple lines. Splitting contests, which this year’s ballot does, can cause voters to accidentally choose more than one candidate when completing their ballot. Another troubling design feature of this year’s ballot is that it favors the major parties, while discriminating against the minor parties. Voters who support the Democrats or Republicans will find the ballot very straightforward, because Democratic and Republican candidates are aligned separately from the minor party candidates. Minor party voters, on the other hand, will have to search through the confusing cluster of other candidates to find their choice. The Brennan Center for Justice, a consistent advocate for ballot improvement, sent a letter to the New York City Board of Elections this week detailing how the design flaws harm minor political parties, and urging the Board to take action to address these issues.

Money in New York Politics

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. This week’s links were contributed by Eric Petry.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

Despite Federal Indictments, State Senators Win Primaries

Three New York Senators – Thomas Libous, John Sampson, and Malcolm Smith – entered the primary election on Tuesday facing federal criminal charges. Despite these legal troubles, both Libous and Sampson managed to win their races by safe margins – 28 points and 25 points respectively. Smith, on the other hand, lost by more than 50 percentage points in a landslide. While it remains to be seen whether Libous and Sampson will win in the general election this November, the primary this week showed that the presence of pending criminal charges can be is not necessarily a death knell for New York legislators seeking reelection. Gubernatorial hopeful Zephyr Teachout made Albany corruption a primary campaign issue and garnered 34 percent of the vote, the highest of any primary challenge to a sitting governor since primaries were instituted in 1970.

Consultants Avoid Regulation as Lobbyists

New York politics is starting to see the emergence of a new group of political actors: non-lobbyist strategic consultants. These consultants function like lobbyists in terms of access and ties to politicians, but they are able to avoid registering as official lobbyists. Their unofficial status allows them to avoid disclosure requirements, as long as they do not “attempt to influence politicians.” While this practice technically falls within the law, it raises suspicions because of the inherent influence strategic consultants can possess. Jennifer Cunningham, for example, worked closely with Attorney General Eric Schneiderman and Governor Andrew Cuomo throughout her political career, helping to get them both elected in 2010. After they were elected, Ms. Cunningham deregistered as a lobbyist to “avoid even the appearance of a conflict” of interest and resigned her job at a top lobbying firm. In the role as a strategic consultant, which she has kept since 2010, however, Cunningham has continued to represent clients before the state government, working closely with Schneiderman on a consistent basis. So close, in fact, that the Attorney General’s office initially refused an open records request to provide communications between Schneiderman and Cunningham, claiming that the conversations fell under an exception for “intra-agency records” between state employees.

JCOPE Holds First-Ever Hearings

For the first time in its 20-month history, the Joint Commission on Public Ethics held a hearing to discuss specific allegations of lobbying law violations. While JCOPE has engaged in enforcement actions previously, none had ever proceeded far enough to reach a hearing. The hearing officer, former federal Judge George Pratt, recommended that the three entities found in violation of disclosure requirements – Blackboard, Inc., Community Redemption Center, and YL Management, L.L.C. – each receive fines between $4,000 and $10,000. 

Money in New York Politics

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. This week’s links were contributed by Eric Petry.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

The Real Moreland Takeaway
SUNY New Paltz dean and state government expert Gerald Benjamin and former New York City corporation counsel Fritz Schwarz wrote an op-ed in the Daily News this week to emphasize the need for public financing at the state level. The attention surrounding Governor Cuomo’s handling of the Moreland Commission is “an easy distraction,” they write, that “takes our attention off of where it should really be focused…the commission’s crucial recommendations for campaign finance.” When adopted, they argue, these reforms will curb the corrosive power of big money in Albany and strengthen the influence of average voters. Schwarz and Benjamin also wrote a letter, which is joined by more than 20 other prominent New Yorkers, urging candidates for the New York State legislature to make public financing a top priority next year. 

New City Law Requires More Disclosure for Campaign Spending
The New York City Council unanimously approved a new campaign spending disclosure law this week. Under the new law, any independent expenditure group that spends in excess of $5,000 will be required to list their top three donors on any literature or advertisements they distribute to voters. They would also have to provide additional disclosure information that would be available publicly on the New York Campaign Finance Board’s website. Councilman Brad Lander, the bill’s primary sponsor, has repeatedly called out groups that do not disclosure their donors and argues that this law will “enable voters to see who’s behind the ads they’re getting.” After the bill passed easily through the City Council, a spokesperson for Mayor de Blasio said he will not hesitate to sign it into law.

Appellate Court Denies Cuomo’s Teachout Challenge
In a unanimous vote, a New York state appellate court rejected the residency challenge against Zephyr Teachout’s campaign, affirming the lower court’s decision. The appellate court ruled that the burden fell on the challengers to provide “clear and convincing evidence” that Teachout does not to meet the residency requirements – a burden that they failed to meet. Following the decision, Teachout renewed her calls for a debate against Governor Cuomo, saying “we have very different visions for where we want to take the state…Democratic voters deserve a choice.” Time Warner Cable News has already agreed to host a debate between Cuomo and Teachout. When questioned whether he would agree to participate, however, the Governor said that he will “leave that to the campaigns to work out.” 

N.Y. poll: Government Corruption a Problem
Another poll was released this week showing that 83 percent New Yorkers view corruption as a serious problem in the state government. Although Cuomo is still the heavy favorite to win reelection this fall, 48 percent of New York voters now see him as part of the problem compared to 41 percent who see him as part of the solution. The latest poll by Quinnipiac University is the third such survey conducted since news of Governor Cuomo’s handling of the Moreland Commission emerged earlier this summer. The results indicate that New Yorkers have become increasingly aware of the Moreland Commission, and nearly half of the respondents in the new poll said that they were in favor of the ongoing federal prosecutions as a way to finish what the commission started. 

New Yorker’s Deep Dive into Campaign Finance and Corruption
This week, the New Yorker published an examination of the corrupting influence of money in politics. While the piece provides an interesting historical perspective of money in politics nationally, it focuses particular attention on the Empire State, which it calls “corruption’s proving ground.” The piece also highlights the anti-corruption research and advocacy conducted by Democratic gubernatorial candidate Zephyr Teachout, calling her campaign less of a campaign for office and more of a campaign for reform.

Money in New York Politics

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. This week’s links were contributed by Eric Petry.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

Despite Criticism, Cuomo Holds Wide Lead Over Challenger, Poll Finds
A recent poll conducted by Siena College shows that although a large majority of New York voters believe Governor Andrew Cuomo’s handling of the Moreland Commission was inappropriate, they still view him favorably and would vote to re-elect him. The poll was conducted from August 4 to August 7 in the wake of renewed federal investigations and widespread criticisms of how the Moreland Commission was abruptly ended. Despite an overwhelming feeling among participants that corruption is still a major problem in the New York State government and general disagreement with Governor Cuomo’s claim that the Moreland Commission was successful, 58 percent of voters said they would vote to re-elect him. These results imply that the New York Times article detailing ways the governor’s office tried to control the commission and the ongoing federal investigation have not caused serious damage to the governor’s campaign heading into election season.

Cuomo Ignores Calls for Debates

So far this election cycle, Governor Andrew Cuomo has ignored repeated calls for a debate from GOP candidate Rob Astorino on the right and Democratic primary challenger Zephyr Teachout on the left. Cuomo campaign officials have responded only by pointing out that debate negotiations typically commence in September, thereby eliminating the chances of a Democratic primary debate. A debate between Cuomo and Astorino, on the other hand, remains possible, but Astorino insists they face each other one-on-one. While debates with many candidates allows for more voices to be heard, it also “works for the incumbent” says Lee Miringoff of the Marist Poll in Poughkeepsie. Some doubt that debates would have much effect on the election, given Cuomo’s huge campaign funds advantage over Astorino and the fact that Cuomo leads by more than 30 points in the polls. Still, good government groups, academics, and many others maintain that debates serve a vital role in elections, giving voters the opportunity to become better informed about the candidates. 

Judge Rules Teachout Can Stay on Ballot

On Monday, a New York judge threw out the residency challenge brought against Zephyr Teachout's candidacy for governor following a two-day trial in Brooklyn last week. During the trial, election lawyer Marty Connors argued that Teachout has not been a continuous resident of New York for the past five years – a minimum requirement to be governor – because she spent a significant portion of her time out of state and maintained a Vermont address on her driver’s license. Despite these claims, Justice Edgar G. Walker ruled that Teachout has demonstrated “sufficient intent” to reside in New York and dismissed the challenge. In a statement earlier this week, Connors made clear his intention to appeal the decision, saying that “Ms. Teachout admitted under oath that she misrepresented her address on official and tax documents.” The appeal will be heard on August 19. 

Moreland Update: Reflections on Election Day

Reflections on Election Day

Tuesday’s elections marked another successful run for New York City’s public financing system. Of the 312 candidates reviewed so far by the Campaign Finance Board more than three-quarters participated in the system, in which candidates accept expenditure limits in order to receive public matching of small donations. All of the major-party candidates for citywide office took part. Participation rates were likely higher in the more competitive primary elections, as has been the pattern in the past. This year, the public financing system was widely credited with reducing the influence of potentially corrupting levels of outside spending.

Nevertheless, independent spending continues to increase, and moneyed interests use outside spending or the threat of it to try to change policy in their favor. This year, a new Super PAC challenged New York’s aggregate contribution limits in court, in an attempt to increase the influence of the richest individuals over our elections. The group, which supported Joe Lhota’s bid for mayor, won a preliminary injunction that freed its donors from New York State’s limit of $150,000 per individual per year. Billionaire industrialist David Koch took the opportunity to give $200,000 to the group in late October. Koch and his wife had already each given $145,000 to a different pro-Lhota outside group.

Among the winners on Election Day were the supporters of the constitutional amendment legalizing gambling in the Empire State. As the New York Times put it, “The push to expand gambling was a textbook case of how well-financed interests can push Albany to embrace an industry, hiring an army of lobbyists and wooing Mr. Cuomo and lawmakers with millions of dollars in campaign contributions.” Since the casino licenses have yet to be awarded, political spending by the companies that want them is sure to continue.

These and other examples of Albany’s corrupt culture show the need for comprehensive campaign finance reform. A public financing system with a small-donor multiple match can empower candidates whose support depends on many average constituents. It can provide them the resources they need to respond to attacks by outside groups supported by a few wealthy interests. And it can free candidates from chasing the biggest donors, making it harder for certain industries to buy policies that suit them.

Latest News

Fixing the System
New York Times columnist Joe Nocera includes a system of small-donor matching funds like New York City’s as one of five reforms that “could both invigorate the electorate and encourage more responsive, and less extreme, political candidates.”

Cuomo and Skelos Meet; Is Peace Coming?
The Buffalo News reports that Gov. Andrew Cuomo and Senate co-leader Dean Skelos had a face-to-face meeting this week. Speculation about meeting topics included a deal on campaign finance reform, and whether that would mean the end of the Moreland Commission.

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Over the next several weeks, the Brennan Center for Justice at NYU School of Law will send regular updates to this list of Friends of Reform in New York State on efforts to secure comprehensive campaign finance reform centered on public financing of elections. These updates will be sent to good government advocates, allies of the Fair Elections New York campaign, legislative and opinion leaders, scholars and engaged students, reporters, and other advocates for reform. They will also be posted on the Brennan Center’s New York blog at ReformNY.blogspot.com.

Election Bills Pending in City Council

Our friends at Citizens Union alerted us to six important bills pending in the New York City Council that would help increase voter participation and make sure that Election Day runs as smoothly as possible. As, we know, this coming election will be the first time that the City uses its new voting machines in a presidential election where turnout is expected to be high and both voters and election officials will benefit from greater preparation.

At a time when state governments across the country have passed laws in record numbers that make it harder to vote, this package of election bills is a great example of how local governments can take action to improve elections. We hope that the City Council will advance these bills by holding a hearing so that election experts, good government groups, and members of the public can provide their input. 

The six bills in the package are listed and summarized below: 

• Intro 613 would help keep registered voters informed of important election related dates by requiring the Campaign Finance Board to send email notifications to voters who sign up to receive them;
• Intro 721 would provide incentives for City employees to serve as poll workers on Election Day and staff unfilled positions; 
• Intro 728 would make registering to vote easier for parents by requiring that voter registration forms be provided when they enroll their children in school; 
• Intro 760 would require that the City Board of Elections track and publish data on the number of residents who the complete voter registration forms while seeking services at city agencies;
• Intro 769 would help keep voters informed by expanding the City’s Voter guide to include state and federal elections; and 
• Intro 778 would allow the City Council to better measure the performance of the Board of Elections by requiring that it report data required by the Mayor’s Management Report.

Remembering Jerome Koenig (1933-2012)

The Brennan Center was deeply saddened to learn of the passing of our friend Jerome Koenig last Friday. Jerry was an active member of the New York Voting Rights Coalition, where he will be remembered as the leading expert and most knowledgeable person on New York State election law. If there was a question about statutory interpretation, members inevitably turned to Jerry for help. This is not surprising; as former Chief of Staff for the State Assembly Elections Committee, Jerry was often the author of the statutes we sought to understand.

Most recently, Jerry played an instrumental role in the coalition’s efforts to secure that the State Board of Elections count affidavit ballots as registration forms and ensuring that the New York City Board of Elections continue its practice of distributing postage paid voter registration applications. His wealth of knowledge and commitment to improving elections in New York so that every eligible New Yorker could vote, and be confident their vote was counted, was an inspiration to us all. He will greatly be missed.

Our deepest condolences go out to Jerry’s friends and family.

Court to Rule on Primary Date

U.S. District Court Judge Gary Sharpe indicated this week that he would reach a decision within the next few weeks on the date for New York’s primaries in a case involving the state’s compliance with the Federal MOVE Act. The MOVE Act was enacted to ensure that members of the military and other U.S. citizens abroad have the opportunity to receive and return absentee ballots on a timely basis.

The New York legislature failed again to pass legislation this session to change its September primary date to ensure compliance with the MOVE Act, which requires that absentee ballots be sent to voters overseas at least 45 days before a general election. In years past, the state was granted a waiver from the Department of Defense. This year however, the request for a waiver was denied.

A coalition of civic groups, including the Brennan Center, wrote Judge Sharpe urging him to favor a June primary. Senate Republicans on the other hand, arguing that since June is typically when the legislature wraps up its session, favor an August primary. Given that August is typically a month when many New Yorkers are on vacation, we believe that it would likely result in low turnout election. August is also the month when many students are going away to college. Moreover, if a there is a delay in certification of an election (due to either counting absentee ballots or litigation), there is a chance that an August primary may not allow enough time to comply with the MOVE Act.

The Election Commissioners’ Association of New York State has also come out in favor of a June primary. They have noted that many public schools used as polling sites are closed during the last two weeks in August and opening them up would result in an additional cost for local boards.

Given the legislature’s inaction, the matter will now rests in the hands of the court. We sincerely hope that Judge Sharpe will take these views into consideration when issuing his decision.