Showing posts with label contribution. Show all posts
Showing posts with label contribution. Show all posts

Sunday, February 5, 2012

Legal Fiction

Most people are at least familiar with Stephen Colbert's name, even if you've never watched a single episode of The Colbert Report on Comedy Central. That's probably because the man is a self promotional machine. For example, back in 2009 NASA did a poll to decide on a name for the newest node added to the ISS (International Space Station). Colbert exhorted his viewers to vote and ultimately he actually topped the list. NASA did, ultimately choose to name it 'Tranquility' but Colbert still got his name in space. NASA named the treadmill that would be housed in that node after him. Well, to be accurate they named it the Combined Operational Load Bearing External Resistance Treadmill, or COLBERT. In his typical deadpan, Colbert responded that:

"I think a treadmill is better than a node ... because the node is just a box for the treadmill. Nobody says, 'Hey, my mom bought me a Nike box.' They want the shoes that are inside."

While it may seem frivolous on the surface, the incident did draw more attention to the often forgotten ISS and NASA in general. And ultimately I think that's what he wanted all along. Celebrities have long used their popular reach to raise awareness of a cause, Colbert just does it with his own unique, over the top, faux conservative flair.

This election season, Colbert is using the same sort of technique to draw attention to something that is far more important to our democracy, campaign finance. Specifically the practical results of the Supreme Court's so called 'Citizen's United' decision. Over the last year, Colbert has, in the guise of his uber-Conservative on-screen persona, laid bare the real world implications of that decision. It began with his declaration that he would be forming his own 'Super PAC,' a political action committee that is allowed to raise unlimited donations from any individual, group or business. While Super PACs are required to disclose donors, like regular PACs, they can usually take advantage of technicalities to delay disclosure far longer and sometimes even until after the election itself, thus making the disclosure more academic than enlightening. In successive episodes throughout the year Colbert went through the process, always doing so with his lawyer, Trevor Potter, on hand to show that there was a serious legal footing to the segment. As Potter said in an interview with NPR in September 2011,

"It's not a joke. Because, as he has put it, he wanted to bring people in behind the curtain so they could see [how superPACs] actually worked and what they actually did."

He certainly does that. To watch these segments is to see the threadbare legal fiction that has been created to allow cash to pour into our political system with minimal oversight. Literally, it requires only a few sheets of paper to be signed in order to 'upgrade' a regular PAC, which operates under more restrictive rules, to be a Super PAC. From what I can tell, it takes more effort and paperwork to setup a one man, home business than it does to setup a Super PAC that can collect and administer donations into the tens of millions of dollars. And the home business probably requires more oversight!

One of the other fictions at work here is that a candidate cannot directly coordinate with a Super PAC. The operative word here is 'directly,' as most of the current gang of Super PACs are actually being run by close associates and, in many cases, former senior campaign staffers! Not a lot of separation there, thus making the Super PAC, functionally, just an extension of the candidate's formal campaign apparatus. Colbert pointed this out in a recent episode, with his usual comedic twist. During a very brief 'campaign' to run for President of the United States of South Carolina, he transferred control of his SuperPAC to Jon Stewart of The Daily Show. A few days later he spoke to his audience about not being able to directly coordinate with Stewart about the Super PAC's activities and then proceeded to openly ponder what Stewart might do with all that Super PAC money. Indirectly mocking Newt Gingrich's earlier press conference where he 'called on' the Super PAC supporting his campaign to not run a particular ad in its current form. This is apparently not coordinating. It seems that as long as the campaign staff doesn't meet with Super PAC representatives or call them up directly, you can coordinate via the media to your heart's content. Thus this so called restriction is merely a minor inconvenience rather than an actual impediment.

There are a lot of things we need in our electoral system, but more money sure isn't one of them. What benefit does our Republic actually gain from hundreds of millions of dollars in campaign donations? Does it ensure just and fair elections? Does it give us candidates who are more dedicated to serving the people? Does it help provide us with unbiased facts on, not just what the candidates say they stand for, but what they've actually done? Does it make elected officials more trustworthy? That would be a 'No' on all accounts. What it does accomplish is to ensure our elected politicians feel indebted to those who flooded their campaigns with cash and not the rule of law or service to their constituents.  It allows the candidates to overwhelm the voters with a flood of propaganda that neither informs nor educates them, but simply hammers them with repetitious soundbites and wild hyperbole. It all but guarantees that, if elected and faced with a choice between safeguarding their constituents or smoothing the way for a lavish donor, that the voter will almost always lose. There is no doubt that money is one of the greatest corrupting forces in this world and the one place we do NOT need more corruption is our government! There's a saying 'that everyone has their price' and as long as we allow private money to run rampant in our electoral system we will ensure that politicians are consistently able to achieve their particular asking price.

Monday, October 10, 2011

Dictator for a Day: Campaign Finance

As we drift into the election season I'm feeling that same old, sinking feeling I get every time the talking head parade begins. The feeling got worse after the Supreme Court's inexplicable 'Citizens United' decision a few years ago that all but wiped away any meaningful campaign finance restrictions.

Particularly over the last 30 years, our election system has become increasingly corrupted by money. Money in the hundreds of Millions of dollars floods into groups associated with candidates and political parties. Until recently there were a hodgepodge of campaign finance laws that made at least a valiant attempt to stem the tide of cash that surged into every election. But with one ruling, the now infamous 'Citizens United' decision, the Supreme Court swept most of them away. There are now only a few threadbare restrictions on the Who and How Much of campaign finance. Kind of like patching a dyke with a screen door. There are more than a few avenues and sleights of hand in place to allow anyone or any organization in America to donate without limit.

A great example is Karl Rove's Crossroads GPS. It's a so called 501(C)(4) group that not only can accept unlimited sums of money, but doesn't have to tell anyone where the money comes from. The only ghost of a restriction is that they are not allowed to coordinate with individual candidates, as if that's any functional impediment. GPS and its sister group, which does divulge its donors, spent roughly $71 Million in support of Republicans during the 2010 midterm. About 90% of GPS' total collections for that cycle, according to some sources, came from just a few Billionaires. For the 2012 elections they are setting a goal of $240 Million! That's just for two, supposedly independent, groups. If this kind of money, for the Right or Left, doesn't scare you, then you are not thinking it through to its logical conclusion.

This trend is toxic for a functioning democracy. The more money the wealthy and big corporations spend the more control they gain over the system. Sure we all still get a vote, but big money is gaining more and more control over who the candidates are, what we hear about them and what their policy positions are. Money determines what messages are broadcast into our family rooms and how often we hear it. Even a stupid idea, repeated loudly enough and often enough will start to take hold. There are just too many Americans who are either too naive or too lazy to look past the bullet points. They just let ads, pundits and party loyalty guide them blindly along the path without ever asking themselves if what they are being told even makes sense.

Just look at the 2008 financial debacle, if you don't believe me. Various parts of the United States financial industry destroyed the nation's economy and kicked the legs out from under much of the industrialized world. There isn't really even any debate over this fact anymore, aside from the question of whether it was a case of apathy or ignorance. But having done that, and then being rescued because we were all terrified of what might happen if the big banks actually failed all at once, they used every bit of pressure they could bring to bear to kill or weaken any attempt at true, meaningful reform. Even the financial reform bill that did finally emerge has been beaten and bloodied ceaselessly by Wall Street lobbyists to protect their astoundingly profitable casino. Actually, I should apologize as that's an insult to casinos who, unlike our banks, are required to actually have enough money on hand to cover all their bets. So even a blatantly obvious need to reform the banking system can't stand up to the massed checkbooks of that same industry.

If I was Dictator for a Day, the first thing on my list would be a Constitutional Amendment completely revamping campaign finance. Put simply, the days of big money control of US elections would be over.

First, no group, PAC, union or corporation of any kind could donate to political campaigns. Period. This would include these supposedly independent groups like Crossroads GPS. The only legal way to donate would be from individual citizen contributions.

Second, there would be a cap on individual donations, similar to current standards, with a $2500 per election cycle and $5000 per calendar year limit, adjusted for inflation in odd calendar years. Anyone found in violation of these limits would be guilty of voter fraud, face heavy fines and would be barred from donating to any candidate for at least one election cycle.

Third, each candidate would be allowed to create or hire ONE company/organization to manage the collection and disbursement of donations. They would all be licensed & renewed yearly. Their donation records would be available under normal Freedom of Information act rules. Anonymous donations would be illegal. Each group would face at least two random audits per election cycle. The audits would check general fiscal operations as well as take random samplings of donation records to confirm they are indeed real adult, US Citizens. Groups in violation of these rules, beyond a tiny margin for legitimate errors, would face draconian financial penalties, immediate cessation of campaign finance operations, a freeze on all funds and lose their license for a minimum of 2 years.

Fourth, candidates could not use their own personal funds for their campaigns. They would only be able to donate as individuals with the same limits.

Fifth, 'gifts' to candidates would be heavily restricted and fully public under Freedom of Information like rules.

I'm sure there are many details that would have to be ironed out or added, but you get the idea. This would go a long way towards leveling the playing field for voters. The wealthiest individuals and companies would no longer be able to simply buy elections. Sure there's no way to completely bolt the door shut, not considering how devious some of these people are. But it would make it much more difficult and if they were caught they would face more than a slap on the wrist. This amendment would also have the added benefit of preventing the waste of hundreds of Millions of dollars that could be put to far better use. Look, we have a big problem with our election system, but it's not yet too corrupt to reform. Unless of course we continue to ignore the problem till election day becomes nothing but a technicality to placate the masses.