With Clean Elections program stumbling, its opponents try to knock it down

By Matt Friedman | August 6th, 2008 - 4:43pm

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TRENTON -- With the future of the Fair and Clean Elections program hanging in the balance and its supporters set to try to negotiate its fate in two weeks, four of its opponents gathered in the State House today to question not only the program's effectiveness, but the sincerity of some of its proponents.

Assembly members Jay Webber (R-Morris Plains) and Allison Littell McHose (R-Franklin) joined Virginia-based Center for Competitive Politics (CCP) President Sean Parnell and Center for Policy Research (CPR) of New Jersey Executive Director Greg Edwards to outline preliminary findings of the CCP's report that they say shows the program has been ineffective in virtually all of its stated goals.

Most notable, according to Parnell, was the fact that special interest groups still appeared to exert large influence in collecting the hundreds of $10 donations needed to participate in the program.

Webber and McHose argued that the program was a disingenuous approach to diminishing special interests' influence on the process. McHose, who reluctantly participated in the program last year, singled out Assembly Speaker Joseph Roberts (D-Camden), saying that if he was serious about reform he would seek to ban leadership PACs, which are not constrained by the same contribution limits as regular legislative candidates.

Roberts's leadership PAC has poured millions into Democratic campaigns across the state.

"I'm saying he's a hypocrite. He's not looking to police himself, but he's looking to police the rest of us," said Littell. "I ask the Speaker, if he's so committed to this project, why isn't it in his own district?"

That drew a harsh rebuke from Assembly Democratic spokesman Derek Roseman.

"Allison is a special interest puppet who is not terribly bright and doesn't stand for anything, so of course she's against cleaning up elections in New Jersey," he said.

The Clean Elections program, which was tested in 2005 and 2007, is currently reeling from an opinion by the non-partisan Office of Legislative Services that said that its clause for "rescue funds" would likely be ruled unconstitutional under the precedent of the U.S. Supreme Court's recent decision in Davis v. Federal Election Commission. Without the clause, proponents say, it will be hard to get candidates to agree to participate. That decision came after the program's reauthorization bill was pulled before the legislature could vote on it.

"Rescue funds for this program would be unconstitutional and would not survive a court challenge," said Webber. "Without that component I think the clean elections program is mortally wounded. It should have been defeated before that decision came down, but with that decision it is an intractable program."

But despite questioning the constitutionality of the rescue funds, Webber stopped short of calling for a turnover of last year's Assembly election results in District 14, where Assemblywoman Linda Greenstein was given $100,000 extra to combat large media buys against her by a 501(c)4 group called Common Sense America.

"I don't think anybody would argue that the results of the election should be overturned or reversed," he said. The point is that going forward, this so-called rescue money, a massive subsidy and thumb on the scale by government.... is unconstitutional and should not be engaged in going forward."

Among the most startling findings, according to Parnell, was that special interest groups' influence was not significantly diminished. Parnell's group sent surveys to 4,800 residents of Districts 14 and 24 who contributed $10 to a candidate. He based his data on the 750 that were returned.

Parnell found that New Jersey Educational Association (NJEA) members made up nearly one quarter of all of the contributors. In the 24th District, members of the National Rifle Association (NRA) provided one-third of donations to Republicans (who included McHose) and 17.9% of contributions to Republicans in the 14th District. Also heavily represented among the donors were those from NARAL Pro-Choice New Jersey, New Jersey Right to Life, Communications Workers of America and the Sierra Club.

"The evidence clearly shows that candidates continue to rely on interest group members to collect the small contributions needed to qualify for clean elections programs," said Parnell. "If the goal of taxpayer-funded campaigns was to eliminate or substantially reduce the influence of special elections, it is clear that Clean Elections has failed to achieve that goal."

Moreover, Parnell said, the program did not appear to diminish constituents' feelings about their legislators. Regardless of how the candidates were funded, the contributors' perception went unchanged.

"Taxpayer funded political campaigns can't improve public perception because most public perception is from ideology and partisanship, which is not going away any time soon," he said.

When questioned by reporters, Parnell said that he could not determine whether there was an active campaign by unions and advocacy groups to bundle small donations to their chosen candidates. Parnell also said that candidate-solicited donations -- which the program was meant to encourage -- did make up the largest single part of the donations, though not a majority by itself.

State Sen. Bill Baroni, whose took part in the program during his election last year and is one of its foremost Republican champions, said that the vast majority of his ticket's $10 contributions were solicited through individually organized events.

"I don't know where they got their data, so God bless them. I can tell you that every one of our contributions was one in a series of backyard barbeques and coffee gatherings organized by individuals, along with some mailings," he said, adding that Parenell's group, while non-partisan, is ideologically opposed to publicly financed elections.

Baroni said that he agrees with McHose and Webber's calls to end wheeling and Leadership PACs, but doesn't see why it precludes the Clean Elections program.

"Allison and Jay are right. But ending the culture of corruption has many roads, and one of them is the Clean Elections Program, one is getting rid of wheeling, one is getting rid of leadership committees and one is lowering campaign contributions," he said.

Greg Edwards, the executive director of CRP, said that the program's very nature gives Democrats an advantage. Republicans, he noted, are philosophically less inclined to want to donate money in an effort to secure government campaign funds, while Republican districts tend to be geographically larger and more rural - making it harder for Republicans to collect the requisite number of signatures.

"We've created an un-level playing field," he said.

Speaker Roberts did not offer a detailed rebuke of the critics' charges, but did cast doubt on the legitimacy of CCP's study.

"Although the conservative Supreme Court dealt Clean Elections a serious blow, this unscientific ‘survey' and its results are not persuasive at all... just another excuse to oppose the program," he said in a statement.

Tags:

Give Clean Elections a Chance

Submitted by MartinOne on August 6, 2008 - 8:31pm.

This program is one of the most promising election reforms that New Jersey has had in recent years. Its purpose is to even the playing field between well-funded candidates and those who suffer from a lack of such donations. Clean Elections N.J. has been hailed by many nonpartisan groups, including the Public Action Campaign, as a model for implementing publicly-funded election reform.

Clean government, transparent campaigns, and public elections could become the norm rather than the exception if we take a comprehensive approach to the problem of government corruption; publicly-funded campaigns is one very important component of such a large-scale corruption-ending plan.

We need to move this Clean Elections program through multiple elections to "get it right," so to speak, in N.J. Giving up on the program, or not funding it (which is one of the central issues at stake), is not a good option when the program has such potential.

I do not want

Submitted by republikyle on August 6, 2008 - 8:53pm.

my taxpayer dollars funding political campaigns, especially for candidates ideologically different than myself.

Money = speech and this programs is in clear violation.

Burl Co scandal

Submitted by East8th on August 7, 2008 - 7:06am.

http://www.phillyburbs.com/pb-dyn/news/112-08032008-1571929.html

For some reason PolitickerNJ stays away from Burl Co GOP scandal stories. Makes you wonder.

I agree with Jay

Submitted by GOP.observer on August 7, 2008 - 8:36am.

Two St. Joseph Montvale grads on opposite sides of this one, but I have to side with Jay Webber over Bill Baroni.

What is the alternative? The cleanest elections we can get are when there is full transparency. We should prohibit contributions from corporations and unions. Individuals can be traced more easily. And disclosure of large individual contributions should be required in a short period of time in order to be known durng the campaign - and disqualify the individual from government contracts for a period of time to end pay-to-play. Add to this something like the Taylor Law and we'd have a markedly cleaner system.

But public financing is not the answer. The public doesn't want it and never has.

Like the status quo? Not surprising...

Submitted by KickingD on August 7, 2008 - 9:15am.

Republikyle ...

"I do not want my taxpayer dollars funding political campaigns, especially for candidates ideologically different than myself."

How about your incumbents who constantly use the bully-pulpit and newletters to tell the public how great they are. Heck I just saw a piece of NJ state literature with a Pennachio, Decroce, Webber campaign sticker tacked onto the cover at a recent county fair.

Jay and Allison and anyone else who oppose it on either side of the aisle are folks that understandably like the way the game is played (get large donations from a small group of elite donors who can afford it - like all their lawyer friends).

Testamonials ...

"The absurdity of people believing that when you jack a huge pile of money into a political campaign that you're not seeking access to the congressperson is just; you know a fairy-land. "

- Retired Senator Alan Simpson

“Yet this is landmark legislation, and not merely because Connecticut is the first state to enact such sweeping reforms through legislative action rather than by referendum, as was the case in Maine and Arizona. Equally important is the opportunity this bill lays before citizens who may have thought about public service but lacked the money to run for office or disliked the process of raising it for a campaign. I believe this legislation will encourage new voices in our political process, introducing fresh ideas and novel approaches.”

- Governor M. Jodi Rell (R), CT, in an op-ed, Hartford Courant, December 8, 2005, upon signing legislation.

"I got to spend time with voters as opposed to dialing for dollars, or trying to sell tickets to $250-a-plate fundraisers. This was much better.

- Governor Janet Napolitano (D), AZ, The Road To Clean Elections Video

"I owe more allegiance to my consituents, all the constituents really, and I don't really give big business or corporations that much consideration"

- Representative Jim Annis (R), ME, The Road to Clean Elections Video

"When I'm walking the halls of the legislature and I see lobbyists from major corporations or even small organizations, I know that I get to make decisions that think about all the people in my constituencies, all the people in my district and not just specific interest groups.

- Senate President Beth Edmonds (D), ME, The Road to Clean Elections Video

"The biggest benefit to the voters in my district is it takes the special interest out of politics. It allows the people of my district to have a voice in what goes on here at the capital."

- Representative Steve Gallardo (D), AZ, The Road to Clean Elections Video

"When you think about Clean Elections, the first word that comes to mind if fairness, because it brings about inclusiveness, it also brings about a good amount of competitiveness, and it opens it up in diversity as well."

- Representative Leah Landrum Taylor (D), AZ, The Road To Clean Elections Video

"You have an opportunity to spend time with voters, listening to their concerns, discussing issues and not have to constantly be raising money up and through the time and after an election."

- Corporation Commissioner William Mundell (R), AZ, The Road to Clean Elections Video

"Why did I run as a Clean Elections candidate? Well, the truth is, I wasn't a political insider and I really had no interest in having to go out and spend my time fundraising. I wanted to be able to talk about the issues door-to-door with my constituents and Clean Elections gave me the opportunity to do that."

- Representative Chris Rector (R), ME, The Road to Clean Elections Video.

"Being a Clean Elections elected official now, there's a lot of freedom that comes with that. I really can focus on what my constituents need and not worry about upsetting anybody and it's going to cost me in the next election. I can really focus on what I think good policy is.

- Representative Nancy Smith, (D), ME, The Road to Clean Elections

Edited to blank

Submitted by KickingD on August 7, 2008 - 9:23am.

See below - Geez this site is SLOW

Edited to blank

Submitted by KickingD on August 7, 2008 - 9:31am.

Had hit submit on original post three times with no response from the server - sheesh

I'm in favor of

Submitted by republikyle on August 7, 2008 - 12:31pm.

the Texas system: donate whatever you want but with full disclosure. This is the perfect gift to the politicians who have created the financial mess in Trenton: taxpayer subsidized elections. Let's add paid family leave and the looming socialist healthcare fiasco and the state of NJ might as well take my whole paycheck.

I think Obama changed the game...

Submitted by MiddleClassSqueeze on August 7, 2008 - 2:11pm.

"Clean" elections were a nice thought, but if a candidate can raise the money, he's going to want to use it. The level of support a candidate/office-holder will give to clean elections is proportional to the amount of money they believe they can raise.

If Money Equals Speech, Then Those...

Submitted by Nick Lento on August 7, 2008 - 10:26pm.

...with the most money will (almost) always win the most elections because they will be able to drown out any poor slob who still believes that democracy is about the people's rights to fairness and justice.

If money trumps democracy then, let's dispense with the delusion and simply sell off the various "governmental positions" to the highest bidder! (snark)

Just because something is legal doesn't make it right or moral.

The consequences of living in a corrupt society will get worse and worse until we either change or die. Stupidity equals extinction!!!

The ultimate manifestation of money being "king" over all human rights is the way third world hell holes exist with a few filthy rich warlords and the rest being de facto peasant slaves. Do we really want America to devolve to that point? That's the direction were headed towards.

The only problem with NJ campaign finance laws/reforms is that they are way too weak and are designed to fail by people who are terrified at the prospect that they might actually work.

Most of what passes for reform is lip service intended to placate and defuse the demand for clean government.

There are limits to how much of this corrupt crap the people of New Jersey will swallow. They aren't as stupid or as ignorant or as sheepish as the politicians in charge may imagine.

The stakes are the existence of democracy in America.

If it takes a CONSTITUTIONAL AMENDMENT to overturn the right wing radical corporatist legalization of money drowning out the voice of the people; then that's what must be done.

Meanwhile, there's alot more that can be accomplished well withing the existing legal framework.

Even this corrupt corporatist owned supreme court hasn't yet found the chutzpah to follow the Chinese model and ban/treat free elections as "terrorist activity".

There is hope still.

From Frederick Douglass

If there is no struggle there is no progress......Power concedes nothing without a demand. It never did and it never will.

Baloney

Submitted by Bodoc on August 8, 2008 - 7:48am.

"Most notable, according to Parnell, was the fact that special interest groups still appeared to exert large influence in collecting the hundreds of $10 donations needed to participate in the program."

Ridiculous.

The bar is so low for the number of small donations needed that "bundling" is irrelevant.

What is relevant is that the political insiders and big donors trolling for no-bid contracts are cut out of the deal.

Who cares where they raise their money?

Submitted by Mountaintop on August 11, 2008 - 1:34pm.

If you don't like it don't vote for them. As long as it isn't my money they're spending I really don't care.

If Joe Roberts thinks this is such a good idea he should open it up to a Democratic Primary in his own district.

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