GOP Race Shows Need for Reform
By Bradley Blakeman
Newsmax.com
It is time for serious, meaningful, lasting and
reasonable campaign finance reform in light of the
landmark January 2010 Supreme Court decision —
Citizens United v. Federal Election Commission —
and the rise of Super PACs on both sides of the
aisle.
What was Citizens United about and what effect did
the decision have on influencing and financing
campaigns?
The case was brought by Citizens United, a
conservative 501(c)(4) not-for-profit corporation
engaged in issue advocacy and education, stemming
from a complaint with the Federal Election
Commission. The organization charged that 2004
pre-election ads for left-wing film producer Michael
Moore’s movie, “Fahenheit 9/11” (a political film
that attacked George W. Bush’s response to 9/11),
constituted political advertising and thus under
then current law, may not be aired 60 days before an
election or 30 days before a party convention.
On Aug. 5, 2004, the FEC dismissed the complaint.
Based on its earlier experience, Citizens United
elected to run TV commercials promoting its own
film, “Hillary: The Movie,” during the 2008 campaign
cycle. The film sought to “educate” the American
people with respect to the record of then Sen.
Hillary Clinton, who was running against then Sen.
Barack Obama for the Democratic Party nomination.
This time around Citizens United was cited by the
FEC for violating provisions of the Bipartisan
Campaign Reform Act of 2002, also known as the
McCain-Feingold Act, which restricted
“electioneering communications” 30 days before a
primary election. The result of the FEC action
prevented Citizens United from running its ads.
Citizens United attempted to obtain an injunction in
U.S. District Court that would have allowed the ads
to proceed. But the court denied that request and
went on to rule that the movie had no other purpose
but to discredit Clinton’s candidacy.
The Supreme Court agreed to hear the case.
Briefs were filed. Oral arguments were heard and the
high court issued its ruling on Jan. 21, 2010.
In a 5-4 decision, the court found in favor of
Citizens United. It ruled that corporate funding of
independent political broadcasts during election
cycles cannot be limited under the First Amendment.
The Supreme Court struck down the provision of
McCain-Feingold that prohibited all corporations —
both for-profit and not-for-profit — and unions,
from broadcasting “electioneering communications”
within 30 days of a primary, or 60 days prior to a
general election.
The Citizens United case did not affect the
continuing federal ban on direct contributions from
corporations or unions to candidate campaigns or
political parties. But the decision effectively
allowed U.S. corporations and unions to spend as
much as they want on “issue advocacy and education”
at any time during — or between — election cycles —
hence the influence of PACs in the GOP presidential
race and other contests.
In light of the Citizens United case, it’s now time
for Congress to take the necessary steps to limit
the amount of influence that “outsiders” wield on
our electoral process.
I suggest that we need to implement a series of
common-sense steps to level the political playing
field so that the biggest voices come from
candidates and the citizens who have a paramount
interest in the outcome of their elections — whether
for the House, Senate or White House.
Here are my specific common-sense suggestions for
each level:
House Races
-
Citizens can only contribute to a candidate in the district of their domicile.
-
Corporations (not-for-profit or otherwise), or unions with a nexus to a congressional candidate can make a monetary contribution to that candidate. The “nexus” must be a test of the relationship to the district as determined by Congress.
-
Congress shall determine maximum contribution amounts by individuals, unions and corporations.
-
National, state and local political parties shall have caps set on their contributions to House candidates — directly or indirectly — as determined by Congress.
-
Corporations (not-for-profit or otherwise), and unions must disclose to shareholders/members and the FEC the amount spent on “electioneering” communications, and where such monies were spent prior to — or concurrently — with the communications being made. Such organizations must also disclose the content of communications.
-
Corporations (not-for-profit or otherwise) and unions must advertise in their own names and disclose within the advertising their name and nexus to the district in which the advertising appears.
Senate Races
-
Citizens can only contribute to a Senate candidate in the state of their domicile.
-
Corporations (not-for-profit or otherwise), or unions with a nexus to a state can make a monetary contribution to a Senate candidate. The “nexus” must be a test of the relationship to the state as determined by Congress.
-
Congress shall determine maximum contribution amounts by individuals, unions and corporations.
-
National, state and local parties shall have caps set on their contributions to U.S. senatorial candidates — directly or indirectly — as determined by Congress.
-
Corporations (not-for-profit or otherwise), and unions must disclose to shareholders/members and the FEC the amount of monies spent on “electioneering” communications and where such monies were spent prior to — or concurrently — with the communications being made. Such organizations must also disclose the content of the communication.
-
Corporations (not-for-profit or otherwise) and unions must advertise in their own names and must disclose within the advertising their name and nexus to the state in which the ad appears.
Presidential Races
-
Citizens can contribute to presidential primaries and general elections in amounts determined by Congress, however such donations can only be used by campaigns in the state of their domiciles.
-
A corporation, (not-for-profit or otherwise), or union can make a monetary contribution to a presidential candidate’s primary and/or general election. Such donations can only be used by campaigns in the state of their nexus. For instance, if General Motors has a plant in Michigan it can donate in an amount to be determined by Congress and can only be used in Michigan.
-
Congress shall determine maximum contribution amounts for individuals, unions, and corporations.
-
National, state and local parties shall have caps set on their contributions to general election campaigns and conventions — directly or indirectly — as determined by Congress.
-
Corporations, (not-for-profit or otherwise), and unions must disclose to shareholders/members and the FEC the amount of monies spent on “electioneering” communications and where such monies were spent prior to, or concurrently with the communications being made. They must also disclose the content of the communication.
-
Corporations (not-for-profit or otherwise) and unions must advertise in their own names and must disclose their identity within the advertising.
Personal Wealth: A candidate for
the House, Senate or presidency can spend whatever
personal wealth they wish without limit, however,
once a candidate passes a certain threshold of
contribution — decided by Congress — the U.S.
government will match that contribution to the
opponent.
Rationale: Today, citizens can only vote in the
district of their domicile. A citizen does not have
the right to vote in the district of their choosing.
Corporations and unions should only be allowed to
influence an election if they have a nexus to that
district/state.
It makes no sense for “outsiders” to have undue or
unfair influence in elections they have no nexus, or
“interest” in. These new rules would make
representatives more beholden to their constituents.
I always found it very strange when a New York
congressman would attend a fundraiser for his own
campaign in Arizona. By matching a personal wealth
contribution beyond a certain threshold, the U.S.
government would insure that no one has the chance
to ‘buy” an election.
The elimination of outside influence would reduce
the vast amounts of money candidates and parties
would need to raise and give a louder voice to those
who have the greatest stake in the outcome of an
election — the voters, corporations, unions and
interest groups within that district or state.
Today, it is possible for outside groups to wield
more power and influence than the candidate
themselves. In my opinion the system is wrong.
Now is the time for fair and reasonable campaign
finance reform. It is not in America’s interest to
continue to allow elections to be conducted without
regard for the rights of candidates and the people
most affected by a particular election outcome.
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