WELCOME TO
FAIR CAMPAIGN FINANCE REFORM
-- about us
-- contact us
-- printer-friendly format
--
There's great concern these days about the enormous amounts of money involved in running for public office. To stay competitive, candidates are now forced to go far beyond their home constituencies to get funding for their campaigns.
Most everyone complains about it, but since candidates, lawmakers, and the powerful moneyed interests all benefit, change will not be easy. Nevertheless…
WE PROPOSE A NEW LAW:
You can only contribute to those for whom you can vote.
THIS MEANS
Candidates and office holders can only accept contributions from those who can vote for them, that is, from their constituents.
- THIS WOULD HAVE A HUGE IMPACT:
- No contributions from people living
outside a candidate's district, county, state, or another country.
This would apply to all candidates and elective office holders from
local Selectperson to Governor to members of Congress to President.
- No contributions from corporations,
organizations, unions, PAC's or special interest groups of any kind,
because they don't vote. Only individual people vote.
- This would not in any way prevent anyone from talking all
they like with candidates and lawmakers. It only applies
to the exchange of political monies, i.e. donations, gifts, perks,
etc. (For a discussion of free speech, see section
V,1.)
- PUTTING THIS INTO PERSPECTIVE
- Voting, a powerful form of free speech, is regulated by
law in the interests of equal representation. This means
we can only vote for those who would represent us, that is, we're
not allowed to vote for candidates in outside districts or states.
- We've all seen how the influx of uncontrolled outside donations
into political campaigns can sway elections. Therefore it's
reasonable and logical that political donations should conform to
our voting laws, to promote the same equal representation.
- In fact, many people consider such outside donations to be equivalent
to a vote, since the larger a candidate's war chest, the better his/her
chances of winning. Just as voting for candidates outside
one's district violates the principle of “one man, one vote”,
so too, in a sense, does contributing to them.
- Looking at it another way, the more outside candidates you contribute
to, the more candidates you're helping to win, and ultimately the
more representation you may be gaining. This is more like,
“one person, many votes”.
- It's now common practice for congressional candidates to openly
solicit funds from people and groups all over the Country. For
all intents and purposes, candidates for Congress have become national
candidates. (See section V,6.)
- It appears that the principle of equal representation has
been seriously undermined by political money. This trend must be reversed.
- MANAGING THE MONEY
- A CANDIDACY ACCOUNT (C-Account)
will be required for each candidate and elective office holder, legally
separate from the person, into which, and from which, all political
donations and political expenditures flow. These C-Accounts
will be funded solely from constituent donations. (as
per section I,1.)
- Individual donations will have caps, set by the states,
depending on the office sought. Included in these caps will
be the value of any monies, gifts, perks and etc. given.
- These caps will be set for the duration of an entire
election cycle, not just annually or for the length of
an election campaign. This will ease the otherwise unfair fund-raising
advantage enjoyed by incumbents.
- These caps will help to prevent abuses such
as special interest groups funneling donations through individual
constituents.
- All expenditures made on behalf of a candidate must be funded
from his/her C-Account. (as per III,1
above).
- This will avoid the unfair spending advantage held by
wealthy candidates. They can only contribute to their C-Accounts,
subject to contribution rules and caps, just like all other contributors.
- This should prevent organizations,
special interest groups, and anyone else from spending money independently
on a candidate's behalf, or against his/her opponents.
- This doesn't in any way limit talking for or against candidates,
it only restricts the spending of money to do so. (See
V,1 for free speech.)
- There should be no need to put arbitrary limits on political
expenditures, since spending will be automatically limited
by the amount of money accumulated in a candidate's C-Account.
- ADVANTAGES OF THIS PROPOSAL
- It should substantially reduce the enormous amounts of
money involved in running for public office.
- All candidates in any given race will have a reasonably
level playing field. Candidates might have smaller war
chests (their C-Accounts), but then so will their opponents, including
incumbents and wealthy candidates.
- It will ease the “political arms race”,
a term coined to describe the endless fund-raising demands put
on candidates to stay competitive.
- It should significantly reduce the blatant influence and
power that big business and special interest groups now have over
candidates and lawmakers.
- Candidates and lawmakers should no longer be beholden
to the powerful special interests, and they will be better
able to work for the benefit of their constituents and the Nation,
not just for the benefit of their large contributors.
- It will encourage more people -- as voters, candidates and
lawmakers -- to participate in the political process as the
distorting influence of big money disappears from the political stage.
- It will serve to promote grassroots democracy.
With tight budgets likely limiting extravagant advertising campaigns
that arguably mislead more often than they inform, candidates will
need to find other ways to reach their voters, like good old-fashioned
campaigning closer to home, within their own constituency.
- COMMENTS
- Obviously this proposal runs counter
to the current interpretation of our First Amendment right to free
speech, which considers money to be a form of free speech.
- The basic flaw in this current interpretation is that
those with the most money and resources have the most free speech.
This is a distortion of our First Amendment rights. It is a self-serving
view supported by the wealthy and powerful. This issue deserves
to be revisited in the courts.
- Money is not speech in and of itself. Either
overt or implied speech always underlies any exchange of money.
In the old cliche, “money talks”, the money clearly
isn't talking – rather, the money's role is to reinforce
the underlying speech and/or to unduly influence the recipient.
- Supreme Court Justice John Paul Stevens has written,
“Money is property; it is not speech”.
- It needs to be said again that this proposal does not affect our
actual First Amendment right to free speech. It only restricts the
flow of political monies that so often masquerade as free speech.
- Senator John McCain has said, “Our system is broken.”
There's a growing number of lawmakers and others who agree.
The current interpretation of our First Amendment has only
increased the level of corruption that we see in politics today.
- This proposal goes a step further and asserts that the only
legitimate reason for any exchange of political monies, gifts, perks,
and etc., is for constituents to support the election or re-election
of candidates and office holders.
- Any other reasons are ultimately to gain or give special
access and influence, and they should be recognized as
bribes, plain and simple.
- This should apply not only to candidates and lawmakers,
but also to non-elected public officials as well, i.e.,
those hired or appointed such as policemen, judges, committee
chairpersons, and government workers everywhere. There is no legitimate
reason for these people, or for those in a position to hire or
appoint them, to be offered, or to accept funds or political favors
of any kind.
- Since political parties are organizations, they too, should
not contribute to candidates and lawmakers (see
I,2), or spend money in any way on their behalf.
(see III,3,b.) Without funds pouring in
from the national parties for state and local candidates, there will
be much more local control of the election process.
- Of course political parties can spend money to talk
about issues, but without direct or indirect mention
of specific candidates.
- It's been argued that donations
to Congressional candidates from outside their constituencies are
okay, since members of Congress work on legislation that
affects the entire Country, not just their own states. Of course it's
important for lawmakers to get input about issues from those to be
affected, but there's no legitimate reason for money to be exchanged
while doing so.
- IN CLOSING
- This proposal is an important addition to the campaign
finance debate. There are constitutional issues that may
need to be revisited in the courts, however it's encouraging that
Supreme Court Justice Samuel Alito has reiterated, during his recent
confirmation hearing that, ”Precedent is not an inexorable command.”
- To sum up, it's all about restoring and protecting the principle
of equal representation, which is the cornerstone of our democratic
system. Therefore it's imperative that all moneyed interests
everywhere must be kept in check so that the wishes of the electorate
are not ignored.
“Every special interest is entitled to justice full, fair and complete...
but not one is entitled to a vote in Congress, to a voice on the bench
or to representation in any public office”.
- T. Roosevelt