Tuesday, December 18, 2012

Good-Government Groups Send Letter to New NY Senate Governing Coalition Pushing for Rules Reform


December 18, 2012

State Senators Jeffrey Klein and Dean Skelos
Legislative Office Building, Room 304
Albany, NY 12247

Dear Senators Klein and Skelos,

Like many New Yorkers, we have closely followed the post-election developments that have led to your new coalition in the Senate.  You have stated that this new partnership marks a bold new chapter in the history of the Senate, and we are encouraged by your promise to work in a constructive, bipartisan way to put good policy ahead of politics.  As you know, our groups have long deplored the Senate operating rules, which have been one of the most substantial impediments to the thoughtful development of policy that benefits from the creative input of affected New Yorkers.  Your coalition presents an unprecedented opportunity to reform those rules and create a body that is more representative, responsive and deliberative.

In particular, our groups call for four main changes: (1) increase the strength and efficiency of committees, so that they function fully and effectively; (2) provide greater opportunity for rank and file members to bring legislation with majority support to the floor, even over the objection of leadership; (3) institute more equitable allocation of resources between all of the conferences; and (4) increase transparency in the chamber.

More specifically, we strongly urge you consider the following changes to legislative procedures:

1.        Increase the strength and efficiency of committees by
a.       Reducing the number of standing committees, and the number upon which members can sit;
b.      Allowing members to vote in committee only if they are physically present;
c.       Clarifying the rule on petition for hearings, so that 1/3 of members can ensure a hearing on a bill unless a majority of members object;
d.      Requiring a public reading and mark up process for bills before they can be passed through committee; and
e.       Requiring that all bills that pass out of committee include reports that set forth the purpose of the bill, proposed changes to existing law, a section-by-section explanation of the bill, a cost-benefit-analysis, the bill’s procedural and voting history, and any individual members’ comments on the bill;
2.     Encourage greater participation by all legislators by providing the opportunity for a simple majority of members to bring any bill to the floor for consideration and a vote, regardless of leadership objections.
3.     Foster equity and comity through the fair allocation of resources between the majority and minority parties by ensuring that funding for central staff is proportionate to a conference’s size and tightening rules prohibiting the use of resources for political purposes.
4.     Increase transparency by making access to information on the Legislative Retrieval Service free and following through with the creation of the State Government Public Affairs Channel (often referred to as “NYSPAN”).

When your new coalition convenes for the first time in January and adopts new operating rules, you will have a tremendous opportunity to send a signal to New Yorkers about your commitment to making the Senate a more representative, deliberative, accountable and efficient legislative body.  We hope that you will adopt the reform proposals listed in this letter, and welcome the opportunity to discuss them with you in greater detail in the coming weeks.

Sincerely,



Lawrence Norden, Deputy Director, Democracy Program
Brennan Center for Justice
Susan Lerner, Executive Director
Common Cause New York

Russ Haven, Esq., Legislative Counsel
New York Public Interest Research Group, Inc.

Bill Mahoney, Research Coordinator
New York Public Interest Research Group, Inc.

Sally Robinson, President
League of Women Voters of New York State

Dick Dadey, Executive Director
Citizens Union







Monday, December 10, 2012

Klein has opportunity to help fix election laws

December 7, 2012
Op-ed by Lawrence Norden and Kelly Williams

Sen. Jeffrey Klein and his four colleagues who make up the Independent Democratic Conference took the extraordinary step last week of caucusing with the Republican Party, promising that the new power-sharing agreement would finally end Albany dysfunction and bring needed attention to key issues like campaign finance reform.

If Sen. Klein, who represents the Bronx and Westchester, wants to make good on his pledge and justify this new coalition, he must work to pass comprehensive campaign finance reform, to change the broken elections system and the culture of dysfunction in Albany.

Gov. Andrew Cuomo has said he supports comprehensive reforms of the state’s outdated campaign finance laws. Most important, the governor has pledged his support for a system of “small donor” matching for elections. Under this kind of system, small donations, up to $175 or $250, would be matched with public funds. A small donor-matching system would allow candidates to eschew big-money donors and rely instead on their own constituents to decide who best deserves to run.

Sen. Klein and his colleagues in the IDC have repeatedly voiced their support for a small donor-matching system, while his Republican colleagues in the Senate have not. Sen. Klein, nevertheless, promised that “campaign finance reform” would come to a vote under the IDC/GOP coalition.
Seldom has there been such a disconnect between what the people want and what a legislature is willing to give them.

Poll after poll has shown that New Yorkers of every political persuasion and from every geographic region want Sen. Klein to deliver on this pledge. A Siena College Poll confirmed that 74 percent of New Yorkers approve of the governor’s plan to institute a small donor-matching system and reform New York’s campaign finance laws. By overwhelming margins, independents (75 percent), Republicans (70 percent) and Democratic voters (77 percent) all declared that they want to revitalize our democracy with such reforms. Remarkably, a poll from Zogby Analytics shows that 80 percent of New York state business leaders would support a small donor-matching system, when coupled with other critical reforms.

A new study from the Campaign Finance Institute estimates that such a system would cost just $25 million to $40 million per year, or just $2 per New Yorker — well worth the cost of fixing our broken elections. As the Brennan Center has reported, such a program has proven effective in New York City and can be a model for New York state — and the nation.

Most important, this system would pay for itself by saving the state money from wasteful spending and public policies that are otherwise the norm in Albany’s current “pay to play” environment. It is a necessary investment given the extensive costs New Yorkers currently incur under a system that puts Albany on the auction block for influence-seeking political money — in special interest tax breaks and spending programs, inefficient government, and a failure to address the problems that matter to the public.

Gov. Cuomo has called for a four-point reform plan in addition to small-donor matching: lowering contribution limits, eliminating loopholes to reduce the influence of a small handful of wealthy donors; enacting pay-to-play rules to further restore the public trust; and providing fair and even-handed enforcement to ensure accountability.

The Assembly has passed comprehensive campaign finance reform in previous sessions. That means Sen. Klein now co-leads the most important remaining obstacle to finally cleaning up Albany. Sen. Klein and his IDC colleagues could be heroes of reform if public financing of elections is passed this session. If it stalls, last week’s move may be remembered as little more than another Albany power play.

Friday, December 07, 2012

Money in Politics This Week

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.

CAMPAIGN FINANCE REFORM AND ETHICS NEWS

NEW YORK

Cuomo Outlines List of 10 Priorities: Campaign Finance Reform is No. 2
Governor Cuomo refused to endorse more than two candidates in New York State Assembly and Senate races this year. Now, with the Senate leadership undetermined, he is still unwilling to put his weight behind individual legislators, rather, the Governor is asserting that he will support Senators based on their positions on a list of ten issues he deems to be the most important over the coming year. In a victory for reformers, campaign finance reform is high on the list, along with other progressive initiatives such as raising the minimum wage and changing New York City’s “stop and frisk” policy. It remains to be seen whether the newly emerged Senate coalition composed of Republicans and a breakaway group of 5 Independent Democrats will be responsive to these requests from the Governor, or if they will simply continue the tradition of dysfunction that the New York State Legislature has become well-known for. It is up to the citizens of New York to keep the pressure on their elected officials in order to ensure that public matching for small in-district donations remains a crucial aspect of any campaign finance reform proposal.

New York Times Editorial Asks Governor Cuomo to Support Fair Elections
In an excellent editorial, the New York Times urged Governor Cuomo to make New York’s system of electing legislators the fairest and most transparent in the country. The editorial emphasized the need for a public financing mechanism modeled on New York City’s successful small donor matching program, where the first $175 of any donation is matched at a 6-to-1 ratio. According to the New York City Campaign Finance Board, a majority of contributors in City Council elections in recent cycles were giving for the first time, and of those first-time contributors, 83 percent gave $175 or less. Lower limits on individual and corporate contributions are also necessary, along with closing loopholes like unrestricted donations to political party “housekeeping” committees. And given that campaign treasuries can be used for almost anything, including veterinarian bills, pool parties and birthdays, clear rules regarding campaign funds are paramount. As the Times put it, “By setting a national standard for public financing, New York State could go from laggard to leader.”

NY Business, Civic and Philanthropic Leaders Insist Governor Cuomo Include Campaign Finance Reform in his State of the State
In addition to the editorial by the New York Times, other New Yorkers are also emphasizing the importance of Fair Elections in the upcoming legislative session. The New York Leadership for Accountable Government (NY LEAD), a bipartisan group of business, civic and philanthropic leaders, sent a letter to Governor Cuomo asking him to make citizen-funded elections a priority in his State of the State Address. "A Fair Elections campaign finance system would encourage voter participation, incentivize diversity among candidates and help curb the corrupting power of big money,” the letter stated.

Public Financing of Elections in NYS Would Cost Only $2 per Person
A new study from the Campaign Finance Institute by Professor Michael Malbin concludes that the cost of running a public financing system in New York State would be roughly $40 million, which works out to $2 per New Yorker—not a bad trade considering the millions more the state government wastes in handouts to special interests. Additional taxes are unnecessary; the current revenue stream can simply be redirected towards ensuring our elections are clean and fair. In 2012, 76 percent of the money raised by New York State legislative candidates was from large donors that contributed $1,000 or more. By contrast, only 8 percent came from donors who gave $250 or less. The research evaluated the consequences of implementing a public financing bill (A9885) introduced by Assembly Speaker Sheldon Silver last session. Four alternative scenarios, involving changes in the number of donors and election contests yielded cost estimates from $25 million to $40 million.

NATIONAL

Why the Faith Community Supports Campaign Finance Reform
Ministers, rabbis, nuns, priests, imams and theologians across the U.S. are joining forces to call out the dangers of unchecked money in our elections and advocating for large-scale reform. Faith leaders were crucial for the passage of state-level ballot measures calling for campaign finance reform in Colorado and Montana, and are now active in North Carolina and Washington to support the movement to reverse Citizens United. Katherine Henderson, president of the Auburn Theological Seminary in New York, stated in the Washington Post that Super PACs spent more than $500 million on campaign propaganda, from voter suppression tactics and fear mongering to outright fabrications, in an effort to buy special access to every level of our government. “When people make large gifts of money to influence the behavior of a leader, the Bible calls that a bribe. The Bible reserves its strongest words for anonymous bribes, saying…that ‘a wicked man accepts a bribe in secret to pervert the ways of justice’ [Proverbs 17:23].” For the sake of justice and for the betterment of their communities, the faith leaders must take action on this vital issue.

U.S. Earns a C on the Corruption Perception Index
The United States scores worse than many countries in the developed world on this year’s Corruption Perception Index, according to Transparency International. Transparency International employs surveys of well-known civic and business groups to quantify the degree of perceived corruption in a state. The U.S. earned a score of 74 out of 100 and a ranking of 19 out of the 174 countries tested. America trails behind other developed nations such as Singapore, Australia, Canada, Germany and Japan. “Americans believe there are continued transparency and corruption issues in local, state and national government institutions and processes. Numerous articles and editorials during the recent U.S. elections attest to American concern regarding opaque campaign financing and a political culture driven by special interest groups.”A series of Supreme Court decisions, coupled with inaction by the Federal Election Commission, set off a $1.3 billion spending spree by outside groups this election cycle, with a large portion from hidden donors.

Dark Money in Congressional Races: VA Residents Write-in 6,000 Votes for a Cat
The Sunlight Foundation has released a list of 25 House and 10 Senate races where dark money played a vital role in the election. Dark money is funneled from non-profit entities organized under a section of the tax code that protects them from revealing their donors. More than $256 million in donations came from these groups during the 2012 general election cycle. The three candidates who were helped the most by dark money were Representatives-elect Keith Rothfus (R-PA), Bill Johnson (R-OH) and Jeff Denham (R-CA). In the 25 House races hit with the most dark money, 86 percent of such spending was designed to help Republican candidates, and 14 percent to assist Democratic ones. Nine incoming Senators got at least $1 million in dark money contributions including Tim Kaine (D-VA), Dan Heller (R-NV) and Jon Tester (D-MT). Senator-elect Tim Kaine benefited from nearly $3 million in dark money attack ads targeting his Republican rival, former Senator George Allen. As a spoof of the money inundating the race, residents placed more than 6,000 write-in votes for Hank the Cat, a feline competing against the two traditional party candidates.  

Super PACs and 501’s Turn to Lobbying
The Super PACs and so called non-profits that polluted the election this year with millions of dollars are regrouping to lobby Congress and the White House during the fiscal cliff negotiations. Americans for Prosperity, the Club for Growth, Americans for Tax Reform and American Crossroads are advancing a new effort to maintain the Bush era tax cuts for the top 2 percent of income earners and cut Social Security, Medicare and Medicaid. The groups hope to persuade lawmakers by advertising in Congressional districts and reminding elected officials about their limitless campaign largesse, with implicit threats to pummel unconvinced Congressmen in primary or general elections. Unions including the AFL-CIO, American Federation of State, County and Municipal Employees, the National Education Association and the Service Employees International Union are also making their presence known. Hundreds of union members will be in Capitol Hill over the next week to argue against the policies supported by conservative organizations. Even the lobbyists don’t see this transformation in a positive light. Howard Marlowe, the outgoing president of the American League of Lobbyists, stated "We already have a perception among the public that our government is for sale. This is not a good development to have more political money thrown into the policymaking process."

Revolving Door Still Wide Open
The revolving door between public service and private industry remains wide open despite Congressional lobbying reform in 2007 and White House executive orders from the Obama administration. Representative Heath Shuler (D-NC) will be leaving Congress early next year to join Duke Energy as the senior vice president of federal affairs. Representative Geoff Davis (R-KY), who resigned on July 31st of this year, will be starting Republic Consulting, a public affairs firm with lobbyist Hunter Bates. Meanwhile, in the Obama administration, Liz Fowler, who served as the deputy director of the Office of Consumer Information and Oversight to the US Department of Health and Human Services—primarily known for her expertise on health care policy while serving as an aide to Senate Finance Committee Chairman Max Baucus (D-MN)—will be joining Johnson & Johnson as the head of global health policy. Fowler’s departure has raised red flags among government watchdogs who point to benefits Johnson & Johnson could stand to gain as the Affordable Care Act is implemented. "As a broad matter, we should be concerned about the access that certain individuals have by working in the administration and in Congress because these policy questions are going to continue to come up, and voters will feel like the game is rigged against them," said David Donnelly, executive director of the Public Campaign Action Fund.

Friday, November 16, 2012

Money in Politics This Week


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.
CAMPAIGN FINANCE REFORM AND ETHICS NEWS

NEW YORK

Tech Industry Leaders Push for Fair Elections in New York State
A group of more than 30 technology industry leaders have endorsed the Fair Elections effort to overhaul New York State’s campaign finance laws. In an open letter to Governor Andrew Cuomo, the tech leaders encouraged the Governor to continue to take the lead in pushing for a system of citizen-funded elections that matches contributions by small donors. The tech advocates pointed to the success of crowd-funding platforms like Kickstarter, where citizens can pool resources to support new business ventures, and open-source software as examples of the transparent, diverse and grassroots-oriented culture of the web. “It is time to bring the same way of doing things to campaign finance in NY State, and create a national model that will strengthen small-d democracy,” they insisted. Unfortunately Albany is currently dominated by a small number of affluent campaign donors, professional influence-peddlers and deep-pocketed special interests. New York Tech Meetup chairman and Persona Democracy Media founder Andrew Rasiej said it best, “Democracy is an incredible application, but it’s time for an upgrade to work out some of the bugs that have crept in.”

New York City Campaign Finance Board Tough on Campaign Violators
The New York City Campaign Finance Board has fined Brooklyn ex-City Councilman Kendall Stewart with $200,000 for a series of legal violations. Stewart will have to pay back $136,940 in public funds that he received for the race plus $60,888 in penalties for violating a dozen different regulations, unless he successfully appeals the decision. The Board has charged Stewart with exceeding the spending limits candidates agree to abide by in exchange for public funds, engaging in illegal campaign coordination with his local political club, and failing to respond to requests for post-election audits, among other offenses. The case is an example of the excellent enforcement of the laws on the books by the NYC Campaign Finance Board. Stewart must repay all the fines before receiving any more public funds and may see liens placed on his personal property.

NATIONAL

67 Percent of Americans Support a Small Donor Matching System
Reform NY has previously reported on numerous polls and surveys that express near universal disgust by Americans at our system of legalized political bribery. In the latest poll of 1,000 likely 2012 voters by Greenberg Quinlan Rosner, Americans are evermore alarmed at the rate of campaign spending this election cycle and increasingly supportive of overhauling the way our elections are financed. Approximately 61 percent of respondents give the current level of money in politics an unfavorable rating, including 62 percent of Obama voters and 60 percent of Romney voters. Two-thirds of Americans believe that our democracy is undermined by big donors and secret money. Trust in our institutions is faltering as well. A strong majority think that special interests, lobbyists and campaign contributors have the most influence over how members of Congress vote as opposed to their constituents. In perhaps the most startling news, 67 percent of Americans support creating a system which matches small donor contributions (below $100) with public funds, while large majorities support greater disclosure of outside money (85 percent) and closing the revolving door between Congress and lobbyists (81 percent). David Donnelly, executive director at Public Campaign Action Fund states that “Republicans, Independents, and Democrats all agree—our political system too often rewards those with the most cash and elected officials should take action to restore our democracy to one that is of, by, and for the people.”

Occupy Wallstreet and Tea Party Join Hands with Abramoff to Reform Federal Campaign Finance
What do the head of the Tea Party Patriots, an Occupy Wall Street organizer, a former lobbyist, and a Harvard law professor all have in common? They all support major reforms to our campaign finance system. A bipartisan grassroots campaign dubbed Represent.Us is building public support for a new proposal, the American Anti-Corruption Act. The proposed American Anti-Corruption Act restricts contributions by lobbyists to $500 per year, subjects unrestricted Super PACs to the same contribution limits as conventional PACs, broadens federal disclosure requirements to all organizations spending $10,000 or more per election cycle, establishes a five-year moratorium between exiting Congress and entering K Street, and institutes a $100 tax rebate that voters can use to support candidates that agree to accept no more than $500 per contributor per year. After gathering 1 million signatures in support of the initiative, the group hopes to garner Congressional co-sponsors for the legislation.

Post-election Spending Round-up
The flood of money in the Presidential and Congressional races this election cycle was truly shocking. According to the Center for Responsive Politics, $6 billion was spent on the Presidential election. The average winning House candidate spent $1.4 million this year, whereas the winning candidate for Senate spent $9.5 million on the campaign trail. Spending also proved to be remarkably effective in Congressional races. House candidates with more campaign and outside money on their side won 92.7 percent of House races. In the Senate, 63.6 percent of candidates that spent more were victorious. In total, Super PACs and non-profits spent about $1 billion, with $562 million of that directed towards the Presidential race and $360 million for Congress. Of this $562 million figure from the Presidential election, 23.7 percent was from groups that provided no disclosure of their contributors. Analysis by US PIRG and Demos shows just how easily a few wealthy elites drowned out the voices the regular Americans. It took nearly 1.4 million grassroots donors who contributed under $200 to the Presidential candidates to reach a total of $285.2 million. They were overshadowed by just 61 big donors that gave an average of $4.7 million each to Super PACs to reach that same figure--$285.2 million.

Campaign Fundraising Continues Post-Election
Candidates in close House races that are yet to be decided are pleading with donors for assistance as they likely head up litigation challenges and recounts. Reviews of internal and public campaign emails, as well as Federal Election Commission records by The Hill reveal that several campaigns have kept their fundraising operations up and running. In Florida, Representative-elect Patrick Murphy’s campaign sent out an email asking for a monetary “gift” for the “lengthy legal battle” that is about to follow. His opponent, incumbent Representative Allen West (R-FL) has a little less than $3.4 million on hand to fund a legal challenge to these elections results. In California, Ami Bera, Democratic challenger to incumbent Dan Lungren (R-CA), recently asked supporters for more funds to ensure that “every vote counts.” In our high stakes system, mega-political contributions coupled with high spending are a norm that continues well after elections.  Recent victors in Capitol Hill are eager to raise more funds, some hoping to retire debts from the campaign trail while others prepare in advance for the next election cycle. The Gula Graham Group has invited lobbyists to nearly 40 Republican fundraisers, 19 of which are scheduled for next week. The events cost anywhere from $500 to $2,000 per head. These early fundraisers are a prime opportunity for lobbyists to get to know the newest faces in Congress. According to Adam Smith, communications director at Public Campaign, “The fundraising never stops in Washington. These lobbyists are trying to influence this debate and there’s no better way to make your case than by handing over a $1,000 check to a Member of Congress.”

Montana Dark Money Non-profit’s Donors Revealed
Earlier this month, Reform NY reported about the ProPublica and PBS Frontline investigation into a non-profit “social welfare” organization formerly named Western Tradition Partnership and now called American Tradition Partnership. Non-profit 501(c)(4)’s manipulate loopholes and lax enforcement of Federal Election Commission and Internal Revenue Service regulations to hide the identity of their donors. WTP’s bank records were released by a court, and the latest examination reveals not only the major contributors to the organization but also evidence of possible illegal coordination with political campaigns. For example, WTP bank deposits include a $557.50 check from Montana Legislator Dan Kennedy to Direct Mail and Communications, a printing company. Direct Mail and WTP share a post office box. Furthermore Allison LeFer, who runs Direct Mail, is the wife of Christian LeFer, a former WTP official.