The Other Side of Scandal: Reform
This is quite a time to be talking about money in politics. But not just because of the cavalcade of Congressional con-men parading before our screens of late. This week, my home state of Connecticut is on the verge of an unprecedented reform of how state and legislative elections are financed. How we got to this point is a story worth exploring, with many lessons for how we move the national reform fight forward as well.
Hello TPM Café habitués,
This is quite a time to be talking about money and politics. Tom DeLay, Jack Abramoff, Michael Scanlon, Bob Ney, "Duke" Cunningham...who's next? At the national level, we are seeing the most outrageous string of pay-to-play scandals in a generation. At the same time, the campaign money chase is only accelerating--which means, inevitably, more scandals unless we change the rules of the game. Unfortunately, in Congress, no one is focusing on the kinds of reforms that would shift power away from well-heeled lobbying interests, placing greater clout in the hands of ordinary voters.
Progressives have been wrestling with this problem for a long time. And while what is happening in Washington seems to be getting worse, the good news is that out in the states, a different way of campaigning has been taking hold, one that attacks the problem of money in politics at its source. I direct Public Campaign, the national organization which for nine years has been the organizing center for a wave of state-based campaign finance reform that has put publicly-financed elections (sometimes called "Clean Elections") in place in six states--Arizona, New Mexico, North Carolina, Maine, New Jersey, Vermont--as well as in Portland, Oregon, and Albuquerque, New Mexico. (We also won in Massachusetts, but conservative incumbents in the legislature refused to fund the system.)
In those places, candidates for public office--executive, legislative and in some cases judicial--have the option of running on a limited and equal grant of full public funding, provided they take little or no private contributions. To qualify they have to raise a large number of small (typically $5) contributions from voters in their district. And if a non-participating candidate tries to outspend them, they get some additional matching funds. Same if they are targeted by independent expenditures.
I'm not saying such a system would do away with all political mischief by big donors; if someone told you they could legislate away venality you would properly laugh them out the door. But this system gives candidates who do want to run without being dependent on wealthy donors a way to put forward a viable bid for office, and the results in the states that are furthest along in implementing this system are showing steady changes, including more contested races, a greater diversity of candidates, and a sizable number of office-holders of all political stripes who are demonstrably more independent of the usual sweet-talk of well-heeled lobbyists.
This is an especially good week to be talking about Clean Elections reform because we are on the verge of a dramatic new victory in my home state of Connecticut, where the legislature is about to take up a measure that would raise the bar for what we expect from lawmakers everywhere when they act on reform--they are going to change the rules for their own offices!
In Arizona and Maine, the two states that have Clean Elections in place for all statewide and legislative offices, the law was passed when citizens went to the initiative process to enact reform. The other states that have adopted the Clean system, have done so through the legislative process. Lawmakers have been far more cautious about extending public financing to their own offices, preferring instead that a financially level playing field be extended to judges (North Carolina), elected corporate regulators (New Mexico) or a handful of districts in a pilot project (New Jersey) or the governor's and lieutenant governor's seats (Vermont). But Connecticut may change that public financing equation.
This Monday afternoon, Democratic legislative leaders, flanked by the state's leading reform organizations, unveiled a reform measure they will offer to the legislature as a whole on Wednesday, after months of behind-the-scenes negotiations complemented by an intense grassroots lobby campaign. Democrats make up two-thirds of the members in each legislative chamber, but with some Ds refusing to go forward with reform, the bill will not become law if Republican Governor Jodi Rell employs her veto pen. However, she's been a catalyst, prodding the Democrats every step of the way to place a bill on her desk. (Yes, you read that correctly--a Republican Governor is pushing for full public financing of elections!)
Governor Rell has insisted that any public financing measure include all state offices (earlier versions of the law had applied only to statewide posts) and also severely restrict lobbyist campaign contributions, political donations from state contractors, and the state's PACs. Her gumption has not only supplied Democrats greater incentive for sweeping reform, but served to separate her from her corrupt GOP predecessor, former Governor John Rowland, presently doing time in federal prison (along with two big city mayors, the state treasurer and a state senator who is awaiting sentencing). Rowland had vetoed a public financing bill in 2000, before raising record amount of money for his successful 2002 gubernatorial campaign.
We'll know soon whether Connecticut will meet the public's desire for reform. It will be an interesting ride these next few days with lessons worth examining as we think about national change from a campaign finance system that encourages corruption to one that expands power for voters and gives fresh faces a chance at a competitive run for office. I'm hoping to cover how we managed to get to this point in Connecticut, while reform inside the Beltway has gone a different direction. And I'm hoping to hear from you about what you're seeing happen in your own states and localities.
More as it happens.... - Nick
Nick Nyhart is a co-founder and the present Executive Director of Public Campaign, an eight- year-old national organization dedicated to winning comprehensive "Clean Money" campaign finance reform.















This is a terrific story, Nick, and it's great to have you tell it here on TPM Cafe. A lot of us here have been writing about issues of corruption, and I think there is a consensus among regular contributors to TPMCafe that REFORM must be a major issue for progressives, not just in 2006 but moving forward, because what we are up against is not conservatism so much as the most corrupt and closed system that this country has seen at least since the Gilded Age -- and yes, I know enough about Watergate to say that with confidence.
But talking about corruption and reform without real, specific, workable solutions is only going to increase the public's cynicism, and it is in that cynicism that the anti-government attitudes that sustain the right thrive. We need to be able to show people that there is a potential in democratic politics that they haven't seen for a while, and solutions that don't just give an advantage to one party or another, but change the culture of politics, so that people can run who don't think of it today. Public financing is the key to that solution, and in Connecticut, you're on the verge of proving that it can be passed even in a legislature. Good luck on the last steps of this long journey.
November 28, 2005 7:03 PM | Reply | Permalink
How many Nicks are there in DC anyway? Geeze! Must be a harbinger to Christmas. Saint Nick on the loose. just kidding around.
I agree though! Public financing is the way to go.
November 28, 2005 7:21 PM | Reply | Permalink
Not directly on your topic, but I wonder if the public won't soon be suffering from "reform" fatigue. Bush wants to eliminate Social Security by "reforming" it. Bush wants to establish a flat tax by "reforming" the tax system. Bush wants to turn the U.N. into a rubber stamp for his whims, by "reforming" it. To put it bluntly, the word is in danger of being whored out. Perhaps instead of using tired language, we would do better to find some word or phrase that hasn't been inveterately used in such a dishonest way. Fresh ideas should be presented, whenever possible, with fresh language.
November 28, 2005 9:15 PM | Reply | Permalink
I'm curious what your dealings with Labor were like. It is vitally important that progressives don't cut themselves off at the knees with initiatives like this, and I would assume you had some high level conversations about the likely effect on the most moblized constituency on our side. So, what does labor get out of this deal?
Carl
November 29, 2005 2:04 AM | Reply | Permalink
Money wants to find its way into the system, and politicians today have an almost irresistable need to compete for it. The best single thing we could do would be to undermine their need to do so. If they knew they could take public money and compete in other ways - with policy positions and constituent outreach - many would do that instead.
As for Carl's question, I would expect this kind of reform to be a great boon to labor. Would unions rather compete with corporate interests in raising cash or mobilizing voters and campaign workers? That should be an easy one.
November 29, 2005 6:00 AM | Reply | Permalink
Re: Perhaps instead of using tired language, we would do better to find some word or phrase that hasn't been inveterately used in such a dishonest way. Fresh ideas should be presented, whenever possible, with fresh language.-------
I have seen no lack of appropriating fresh ideas & language for whatever agenda and cause. On the contrary, the plea has had the effect of soliciting them, at very minimal or no cost and sometimes by less than transparent means.
November 29, 2005 6:25 AM | Reply | Permalink
November 29, 2005 6:26 AM | Reply | Permalink
I really like the ideas Nick is putting forward, but Bragan's suggestion that media companies have to set aside blocks of time for candidates is an essential component of reform.
Actually, I would go further and say that media reform is essential. We cannot win in the long run if we are trusting massive media empires wedded to corporate interests to carry the progressive message on the airwaves. The airwaves belong to the public, not the companies and it is time we took them back.
November 29, 2005 7:13 AM | Reply | Permalink
November 29, 2005 7:14 AM | Reply | Permalink
Not only is TV costly, as has been pointed out above, but it also has the power to influence the careers of elected officials.
Lack of stories (or unfavorable ones) about a politician can make him invisible in his district. This can be done in retaliation for support of legislation opposed by the TV station's owners. Thus politicians are being extorted by media companies to pass favorable legislation.
So, granting affordable TV campaign time is only half the picture. I think a useful option would to be to set up a publicly owned access channel which would allocate time to all politicians for free on a regular basis. They could use this time to address their constituents and during elections the time would be also allocated to candidates.
With the increasing availability of cable, satellite and internet based media the available bandwidth should not be an issue. Perhaps C-SPAN would like to expand in this direction...
November 29, 2005 7:40 AM | Reply | Permalink
Great Posts all the way around. And great work Nick. This is the one of the most important issues facing the nation today.
I personally would like to see a law where all campaigns are publicly financed. I guess the problem is figuring out who should get financing. It sounds like your approach is a good one -if a candidate can get a certain number of small contributions from individuals then they qualify.
I would like to see a law that bans any corporate contributions to individual candidates or political parties as well.
I'd also like to to see a law that bans any politcial or issue TV advertising that is not paid for with the aforementioned public money.
I realize there are first amendment issues here, but I would strongly support a new amendment to the constitution that covers campaign financing.
The country would save hundreds of billions of dollars by eliminating legalized bribery.
November 29, 2005 8:16 AM | Reply | Permalink
However, when you have an independently wealthy candidate (Bloomberg), who can opt out of public financing how do level the playing field?
I'm quite saddened by the fact that most of the "marquee" offices are becoming only available to the wealthy. Over in the bankruptcy bill discussion people are decrying the lack of understanding leaders at the top have for the lives of people who live paycheck to paycheck (a growing segment of the population).
Certainly public financing cannot solve all electoral reform issues, but I would be interested in hearing what, if any, ideas people have to make running for against the super rich candidate feasible.
November 29, 2005 9:21 AM | Reply | Permalink
Carl, Here in Oregon the new reform initiative would place limits on unions as well as corporations.
November 29, 2005 12:08 PM | Reply | Permalink
Awesome to have your here Nick. I think also some of the readers here raised some good questions, that I'd like to see more of:
1-How to breathe life into "reform" and procedural ideas that are so vital to democratic life
2-How to ensure that labor and community organizations can play an active role in a "clean election world", while avoiding "reforms" that would harm these groups
3-How Russ Feingold's nomination might really kick this stuff forward on a national level (or not)
November 29, 2005 1:20 PM | Reply | Permalink
I rarely find reason to applaud GOP politicians but being a fellow resident of Connecticut Governor Rell deserves a standing ovation, she has prodded an overwhelmingly democratic (but hesitant) legislature on this issue. Every once in a while in Connecticut government works like it is supposed to.
I hope this very progressive campaign finance reform passes in CT. If it does it will be signed into law and hopefully it can be used as a blueprint for national reform. Government should be by the people, for the people, and (most importantly) of the people...
November 29, 2005 1:33 PM | Reply | Permalink
One "Reform" we've hand in Minnesota now for at least a decade makes fund-raising during the Legislative Session illegal, both for members, and for the State Parties or any part of the party that directly supports state-wide and legislative candidates. (What this means is the city parties can fund raise for a city election -- or a county commissioner can fund raise for that office -- but everything else is shut down.)
Essentially, anything that is constitutional and works to cut the knot between campaign funds and legislative decisions is worth working toward.
At the Federal Level -- I think Democrats would do well in this season to put "regulation of Lobbies" on the table as the logical follow-on to McCain Finegold. One reform Paul Wellstone long advocated involved restricting how much campaign funds can be raised from sources not in the candidate's state or congressional district. His theory was that if say 80% of a campaign fund had to come from one's own State -- it was much more likely a member would staw aware and sensitive to state interests, or at least make major efforts to educate and inform state voters on issues of interest to a Senator that might not be particularly salient to home state voters.
It certainly should be possible to create a regulation that would impose distance between Congressional Committee work and campaign donations. It just is simply asking for trouble to have such weak ideas regarding what constitutes a conflict of interest that Committee members -- particularly chairs and ranking members, essentially market clauses in legislation for campaign donations. The Duke Cunningham story is a clear example of this -- but all committee assignments work in this manner, and the whole thing needs much stricter regulation. My own preference would be for creating a clear legal defination of conflict of interest, and then prohibit acceptance of funds where that conflict exists.
It might also be useful to advocate "No fundraising during the session" rules at the Federal level -- though as Congress is currently scheduled, that would leave very little time for fundraising. But I suspect if it were advocated, a good many members in both parties would support it, as there are many who hate the campaign cash rat race.
November 29, 2005 1:39 PM | Reply | Permalink