Today's Reform Legislation
Like others who have written here (Anrig, Faux, Newman, Ryan, Sifry, Waldman), I find Mark Schmitt’s recent post and article both insightful and provocative. I agree with much of what Mark says, including his major point that campaign finance reformers would be wise to focus on reforms that empower ordinary citizens within politics rather than reforms aimed primarily at restricting and regulating money within the process. And the corner may already have been turned on what the campaign reform community sets as its priorities.
Today, Senators Dick Durbin (D-IL) and Arlen Specter (R-PA) introduced their Fair Elections Now Act which allows candidates for Congress to turn away from the big money chase and rely completely on donors of $100 or less to run a well-funded competitive campaign. A House companion measure will soon be introduced by Rep. John Tierney (D-MA).
Candidates collect a specified threshold amount of small donations and then qualify for public financing, provided they agree to spending limits and then halt private fundraising for their campaigns. Anticipating that high-spending opponents might prey upon publicly financed office seekers and that they might also be the target of Swiftboat-style 30 second spots, the policy provides additional public “fair fight funds” under certain conditions. The proposal offers tremendous leverage for small donors, a level playing field for the candidates, and a fair and robust campaign debate for the voters.
As a first step to engage the public to advance this bill, my organization, Public Campaign, is launching a citizen cosponsor petition today – we strongly believe that the public must engage its lawmakers for this proposal to become law.
While the idea of public financing of elections has been around for more than a century, this specific policy was designed in the late 1980’s by issue activists and further developed by hands-on political practitioners concerned with equity in the electoral process. It was aimed at opening up the system and increasing the value of political participation by every member of our society as the rising costs of campaigns systematically shifted power to wealthy contributors and away from the grassroots.
Schmitt’s right to state the limits of an approach that is built only on obstructing the political voice of big money. But some restrictions strengthen the small donor democracy he espouses, and their loosening harms it. For example, the fall of the antiquated Presidential public financing system was accelerated by the doubling of individual contributions to federal campaigns. And the pro-grassroots incentive structure of the full public financing programs exemplified by the Arizona and Maine systems are enhanced by the prohibition on soliciting additional private funds once the candidate’s public money is in place. The publicly financed candidates in those two states, assured of a relatively level financial playing field, must depend on volunteer recruitment and backing from grassroots organizations in order to gain an edge over their opponents.
There have been some variations in the law from state-to-state. In 1998, Massachusetts voters passed a Clean Elections law by a two to one margin (later repealed by state lawmakers on a midnight voice vote). It allowed candidates to continue to collect small contributions throughout the campaign.
While Mark’s view divides the campaign finance reform community into two camps over the past ten years, the greatest energy and excitement in the community right now comes from the model he praises. The effort to restructure and revive the presidential public financing regime borrows policy provisions from both the New York City matching fund system and the Clean Elections programs. It is supported by virtually all the reform organizations that backed BCRA.
The Durbin-Specter effort has already drawn significant support from many of the largest issue and constituency groups in the country. From the Sierra Club to the NAACP to the Dolores Huerta Foundation, from the AFL-CIO to MoveOn to the League of Women Voters, groups that believe in grassroots activism are putting their weight behind the Fair Elections Now Act.
The revitalization of the Presidential partial public financing system and the establishment of Congressional Fair Elections legislation will likely be the central preoccupation of the campaign finance reform community and its allies in the years ahead. Both initiatives would increase the power of all voters within the process, whether they make small donations or contribute their time as volunteers. Further, making a priority of grassroots-oriented public funding aligns the reform community squarely with the recent positive developments in citizen engagement, whether it’s national voter mobilization efforts, netroots activism, or expanded constituency group political organizing - and that’s likely an alignment that will bring reformers to victory.
















I still I could share more the optimism of all these posts backing more rather than restricted financing. After all, Senator Clinton opted out of the public system in order to spend all the money she's raised, and she's already not alone.
I'm also philosophically bothered by the equation of spending with speech, even as an ACLU member. I think of how the media dialogue has gone to pot since the end of the fairness doctrine, and the outcome for political debate has not been good.
One almost has to throw out everything one's discussed about media power and bias to share all this happy trust in small donors and small channels. Couldn't you guys collectively do a little more to convince me on just those points?
John
http://www.haberarts.com/
March 20, 2007 1:33 PM | Reply | Permalink
Nick,
First, congratulations on the introduction of the Fair Elections Now Act. I think it's an important, well-written piece of legislation and it's obvious when reading the 85+ page bill that much thought and hard work went into it.
In your comments above, you state that "campaign finance reformers would be wise to focus on reforms that empower ordinary citizens within politics rather than reforms aimed primarily at restricting and regulating money within the process."
As I see it, public financing systems have no hope of working without many restrictions and regulations on money within the process in place. So I'm wondering which of the federal restrictions that Mark Schmitt has identified as failed reforms you think could be eliminated without reducing the effectiveness of the Fair Elections Now Act.
For example, although the Fair Elections Now Act would provide participating candidates with "Fair Fight" matching funds when nonparticipating candidate and independent spending exceeds certain thresholds, the matching funds are capped, I believe, at 200% of the initial public funds disbursement. It seems to me that the elimination of contribution limits applicable to nonparticipating candidate committees, party committees and/or PACs would enable such committees to raise and spend far more than 200% of the participating candidate's public funding allocation. In other words, it seems to me that the very existance of limits on contributions to candidates, parties and PACs will make the Durbin bill's matching funds provisions workable. Without any limits nonparticipating candidates and committees, wouldn't the matching funds provisions amount to spitting in the wind?
Again, in short, I'm wondering specifically which of the federal restrictions Mark Schmitt criticizes you likewise find detrimental to small-donor democracy.
Paul Seamus Ryan
FEC Program Director & Associate Legal Counsel
The Campaign Legal Center
March 20, 2007 3:32 PM | Reply | Permalink
Nick's answer to this will be different from mine, because we don't have the same view, but I'll answer the question for myself: I'm drawing a distinction between reforms that are based on restrictions and reforms that are based on expanding voice, not saying that expansive approaches won't require some boundaries in order to work. In the article, I flirted with the "floors without ceilings" approach favored by the ACLU, but said that a better approach would be something like New York City's, in which relatively high contribution limits and voluntary spending limits coexist with open-ended public financing. There, the limits aren't doing all the work. Because the matching fund boosts the value of a small contribution (it turns $250 into $1250), there's as much incentive to seek out small donors as large, and much less incentive to find ways around the limits.
As I made clear in my first post here, I tend to find NYC or Minnesota-type systems somewhat preferable to Arizona/Maine public financing because they require fewer limits to make them work. Nick's view is very different, and he can speak for himself. I haven't seen the Durbin legislation yet.
I do not oppose the current federal contribution limit of $2,300. /Mark
March 22, 2007 7:27 AM | Reply | Permalink