Citizens United v. FEC

New Hampshire Campaign to Become 17th State to Call for Amendment to Overturn ‘Citizens United’ Stalls

Rising from her chair in the Senate chamber of the capitol building in Concord, New Hampshire – the country’s oldest chamber still in use, housing democratic debate since 1819 – State Senator Martha Fuller Clark (D-21) was unequivocal in her warning:

Citizens United is threatening our citizen-led legislature.”

Senator Clark’s words came yesterday afternoon as she spoke out in favor of SB 307, a bill that she introduced.  The legislation calls for a committee to examine the different constitutional amendments that are under consideration in the 113th Congress that would overturn Citizens United.  But in its most recent form, SB 307 needed a corrective amendment to realign the bill towards its original intent. The amendment would have declared that the committee would assume a constitutional amendment was necessary and discuss which proposal would be best, rather than to debate whether or not a constitutional amendment was needed in the first place.

By this point, the people of New Hampshire had already conveyed, through organizing, through polling, through walking across the state in the dead of winter, through the 48 town hall meetings that had just passed Citizens United amendment resolutions earlier in March, that the debate was long over: the country needs constitutional reform, and it needs it now.

Unfortunately, Senator Clark’s corrective measure failed on a 12-12 vote, with only one Republican, Senator Russell Prescott (R-23), crossing party lines to vote in favor. Russell stated on the Senate floor,

“I just can’t make the leap… that a corporation has the same First Amendment rights as people.” 

Notably, State Senator Jeanie Forrester (R-2) – whose district includes Bridgewater, Bristol, Dorchester, Groton, Piermont, Plymouth, and Tilton, towns that all had just voted in favor of an amendment – refused to support Senator Clark’s correction.

However not all hope is lost for New Hampshire to become the 17th state to call for a constitutional amendment this legislative session.  SB 307 passed with the incorrect intent of examining the need for an amendment.  It will most likely be paired with a much stronger version of the bill from the House in conference committee, which could result in the stronger measure coming back to the Senate.  So it’s important to keep the pressure up.  

In the face of such obstruction, a quote from Winston Churchill comes to mind:

“The truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is.” 

Senator Clark and the people of New Hampshire have brought the truth to Concord; it’s only a matter of time before the legislature acts on it.

PFAW

Sheldon Adelson Shops for Next GOP Candidate

The Washington Post reports today that Sheldon Adelson – the casino magnate who spent, with his wife, more than $92 million in the 2012 elections – is in the market for a 2016 GOP presidential candidate to support.

After throwing reams of money at losing candidate Newt Gingrich in the last election, Adelson is now looking for someone he believes will be seen as electable by a country with swiftly changing demographics. He is already being wooed by GOP presidential hopefuls:

The change in attitude comes amid early jockeying by a lengthy list of aspiring Republican presidential contenders to win the affections of the billionaire, who is in the beginning stages of assessing the field.

“The bar for support is going to be much higher,” said Andy Abboud, Adelson’s top political adviser and an executive at the Adelson-run Las Vegas Sands Corp. He added, “There’s going to be a lot more scrutiny.”

This strategy would favor more established 2016 hopefuls such as former Florida governor Jeb Bush, New Jersey Gov. Chris Christie, Wisconsin Gov. Scott Walker and Ohio Gov. John Kasich. All four will descend this week on Adelson’s luxury hotel in Las Vegas, the Venetian, for an important step in what some are calling the “Sheldon Primary.”

Funny, I don’t remember learning about the “Sheldon Primary” in my high school civics class. But in our Super PAC-filled, post-Citizens United world of unlimited election spending, this seems to be the reality of how candidates who have a real shot are chosen. As Harvard law professor and activist Lawrence Lessig puts it,

We have a general election, but only after the funders have had their way with the candidates who wish to run in that general election.

With Adelson essentially interviewing potential candidates, it begs the question: will our presidents be working for the people who elected them, or will they increasingly serve as the puppets of billionaire benefactors? 

When a tiny fraction of the country’s wealthiest people are able to hand-pick candidates, it’s doubtful that we’ll have a government that focuses on the priorities of everyday Americans. A democracy simply doesn’t work if the voices of those of us who aren’t having swanky private dinners with presidential hopefuls are drowned out by the few who are.

PFAW

Over Thirty Towns in the Granite State Call for a Constitutional Amendment To Get Big Money Out of Politics

Over the past week in New Hampshire, in efforts supported by People For the American Way activists, 31 towns have passed resolutions calling for a constitutional amendment to overturn the Supreme Court’s decisions in Citizens United and related cases. In the coming week, at least 20 more towns will vote on their own resolutions. If this week’s victories are any indication, we will likely see a strong majority of the 20 succeed.

These votes demonstrate the strength of the nation’s growing movement to amend the Constitution and take back our democracy. So far 16 states and over 500 municipalities have called for an amendment. The movement is particularly strong in New Hampshire, where nearly 70% of people support a constitutional amendment that limits campaign contributions and spending.  This winter, over 100 residents marched across the state in support of campaign finance reform for the New Hampshire Rebellion campaign.

The Supreme Court’s decision in Citizens United v. FEC (2010) opened the floodgates to corporate and special interest spending in our elections.  Since Citizens United, activists and advocacy organizations have been mobilizing across the country calling for an amendment to overturn the decision, its progeny, and the cases that led to it.  To learn more about the campaign, visit wwww.UnitedForThePeople.org and People For the American Way’s amendment toolkit.

PFAW

Money Buys Political Access, New Study Confirms

We can file this under news that should shock no one: a new study has found that members of Congress and their top staffers are significantly more likely to meet with political donors than with other constituents. 

The study – carried out by researchers at Yale and UC Berkeley in partnership with CREDO Action – sought to answer the question, just how much do donations buy access to elected officials in our political system?

Matea Gold at the Washington Post explains the experiment:

Last summer, a group of CREDO fellows e-mailed congressional offices seeking meetings to discuss the measure, sending one of two different form letters.

The first e-mail had the subject line: “Meeting with local campaign donors about cosponsoring bill.” The body of the e-mail said that about a dozen CREDO members “who are active political donors” were interested in meeting with the member of Congress in his or her home district to discuss the legislation.

The second e-mail stripped out the donor references and instead said “local constituents” were looking to meet the member of Congress.

…The e-mails went out to 191 members of Congress – all members of the same political party – who had not already co-sponsored the bill….The results: Only 2.4 percent of the offices made the member of Congress or chief of staff available when they believed those attending were just constituents, but 12.5 percent did when they were told the attendees were political donors. [emphasis added]

Huffington Post’s Amanda Terkel notes that the study could have implications for court cases like the infamous Citizens United v. FEC, which paved the way for unlimited corporate political spending. In the majority Citizens United opinion, Justice Kennedy argued that “independent expenditures do not lead to, or create the appearance of, quid pro quo corruption. In fact, there is only scant evidence that independent expenditures even ingratiate.”

Terkel points out that the new study may debunk the claim that there isn’t evidence that “independent expenditures,” such as those made to a super PAC rather than directly to a candidate, can curry favor with elected officials:

In this experiment, the lawmakers knew nothing about the donors, such as whether they had donated to their campaign in particular, or how much they gave and when. In fact, they could simply have been a donor to a super PAC.

Even so, the Supreme Court’s too-narrow understanding of “corruption” as tit-for-tat exchanges (for example, political bribes) may limit the study’s implications for Citizens United and cases like it.  But it does throw into stark relief how problematic the Court’s frame for understanding political corruption continues to be. When money can buy access to elected officials, we have a serious democracy problem.
 

PFAW Foundation

Leader Pelosi and Rep. Sarbanes Call for Government by the People Act and Reversal of Citizens United

Today Representative John Sarbanes was joined by House Minority Leader Nancy Pelosi and others in introducing legislation to help put our democracy back where it belongs: in the hands of “We, the People.”  The Government by the People Act (H.R. 20) is a bill designed to empower everyday voters to make small donations to candidates, amplify those donations through matching funds, and make our elected officials accountable to all of us, rather than to wealthy campaign donors.

In the Washington Post yesterday, Representatives Pelosi and Sarbanes penned a powerful op-ed in the support of the bill, calling for solutions to the influx of money that has flooded our elections in the post-Citizens United world.  That Supreme Court decision, they wrote, “shook the foundation of our democracy: the principle that, in the United States of America, it is the voices of the people, not the bank accounts of the privileged few, that determine the outcome of our elections and the policies of our government.”

But they note that we can, and must, push for solutions – including a constitutional amendment to overturn Citizens United:

We must disclose the sources of the money in our campaigns, amend the Constitution to reverse the grievous error of the Citizens United decision, reform our broken campaign finance system and empower citizens everywhere to exercise their right to vote.

The Government by the People Act would help build a politics and a government that answer to the people. Together, we can reassert the full promise of our ideals and restore confidence in our democracy.

PFAW has launched a petition to urge members of Congress to do all they can to support passage of the Government by the People Act.

PFAW

Four Years After Citizens United: A Faith Perspective

Four years ago this week, ruling in Citizens United v. FEC, the high court infamously gave corporations the distinction, the same constitutional right as real people -- as you and me -- to spend unlimited amounts of money influencing elections. Four years later we are still advocating a point that should be obvious: Corporations are not people.
PFAW

The State Of The Union Is Unequal – Economically and Politically

In tomorrow’s State of the Union address, President Obama is expected to speak at length about growing income inequality in the United States, and his plans to address it.  Any plan to address income inequality must also address the political inequality created by unrestrained spending on elections.

Income inequality affects not just individual lives, but our political system as a whole. In a series of cases beginning with the 1976 Buckley v. Valeo decision, the Supreme Court has struck down commonsense campaign finance regulations designed to limit private economic power from dominating campaigns for political office – and thus dominating our country’s political process. Since that time, the income share of the top one percent of income earners has almost tripled, growing at a substantially higher rate than the income of the rest of the population. 

This mounting wealth disparity has not resulted simply from the good fortune of the hardest working or smartest among us; it has been assisted through government policy. The capital gains tax sits at 23.8% for top earners despite the vast majority of Americans believing that it should be equal to the rate at which income is taxed.  Meanwhile, the federal minimum wage, whose real value has fallen about 30% since 1968, remains stagnant at $7.25 per hour, despite the fact that 71 percent of Americans want to see it increased; however, only 40 percent of the wealthiest Americans support such an increase.

As income inequality has ballooned, it has also become more difficult for even the most hard-working Americans to improve their economic prospects. State university systems that were once free are now approaching the cost of private institutions, while scholarships are going less often to benefit low-income students. Labor unions, which were instrumental in building the American middle class, are facing attacks from legislators backed by well-funded corporate interests.

Income inequality and political inequality go hand-in-hand.  As This American Life has noted, the average member of Congress spends at least four hours a day calling wealthy individuals and organizations asking for money, a tally that does not even include the countless fundraisers they must attend.  Average Americans don’t get these calls.  They do not get the chance to meet with their representatives at intimate gatherings.  Their voices go unheard. 

The sad truth is that under our current system, time-intensive fundraising and the concessions that go along with it are necessary conditions for the ascension to political office in the United States. That is something we need to change if we are ever going to deal with income inequality or any of the other major problem facing our country. 

That is why we here at People for the American Way Foundation are calling for “Money Out, Voters In” campaign and are working to pass a constitutional amendment that will allow our elected officials to work for all Americans, not just the wealthy few. 

PFAW Foundation

Students Take Action to Fight Money in Politics

In our continuing efforts to pass a constitutional amendment to overturn Citizens United and related cases and restore Government Of, By, and For the people, PFAW Foundation is helping coordinate the Students United For Democracy coalition – a group of student activists and good government groups working to raise awareness of our country’s money in politics problem and pass resolutions on college campuses calling for a constitutional amendment.

For far too long, students have been pushed to the margins of our political system.  From rising education costs to uncertain environmental and economic futures, it is clear that government often fails to act in the interest of students and young people. As explained in PFAW Foundation’s report, “Students and the Movement to Amend the Constitution,” each of these issues is intricately connected to the role that big money plays in our political system. Rather than protecting the interests of all, public officials often look out for the interests of those who pay for their campaigns, and students – who are taking on record levels of student debt –students simply could not afford to “pay to play” even if they wanted to.

Yet the country and its young people are waking up.  Sixteen states and 500 cities and towns have already passed resolutions calling for a constitutional amendment to overturn Citizens United and related cases.  In 2014, student governments will be adding their voices to this nationwide call.

If you want to get involved with campaign, please email us.  Also, please be sure to check out the website and follow SU4D on Facebook and Twitter.

PFAW Foundation

Supreme Court Hears Money in Politics Case, Activists Rally for Democracy

On October 8th, the Supreme Court heard oral argument in McCutcheon v. FEC, which has the potential to be the most destructive campaign finance case it has considered since Citizens United v. FEC.  In McCutcheon, the Court is examining the constitutionality of aggregate contribution limits and, depending on the decision it’s expected to release in early 2014, could allow even more money to be poured into our elections.

In addition to mobilizing its networks around the case, People For hosted a rally on the steps of the Supreme Court, where activists from a wide range of backgrounds and issue areas spoke about how moneyed politics affects our democracy. The rally was co-emceed by People For’s Marge Baker, and featured YEO Maryland State Director Craig Rice and YP4 Fellow Brendien Mitchell.

Public Interest Pictures filmed the event and put together the following video:

Tell McCutcheon: Our Democracy is NOT For Sale! from John Wellington Ennis on Vimeo.

To learn more about People For the American Way’s campaign against big money in politics, visit our Government By The People page.

 

PFAW

Karl Rove’s IRS Problem

Thanks to some tax-return digging, ProPublica found this week that the Karl Rove-connected Crossroads GPS actually spent at least $11 million more on political activities last year than they told the IRS. ProPublica’s Kim Barker reported:

New tax documents, made public last Tuesday, indicate that at least $11.2 million of the grant money given to the group Americans for Tax Reform was spent on political activities expressly advocating for or against candidates. This means Crossroads spent at least $85.7 million on political activities in 2012, not the $74.5 million reported to the Internal Revenue Service.

But what’s an extra $11 million spent on political activities, right?  Wrong. Tax-exempt 501(c)(4) social welfare groups are limited in the amount of political spending they can do while maintaining their exempt status. And these developments about Crossroads GPS only underscore the need for more robust government oversight of political spending. 

Unfortunately, this is an effort that has been made much more difficult in the wake of recent Supreme Court rulings. As Michael Keegan noted in May, the 2010 Citizens United v. FEC decision opened the door to an explosion of spending by c(4) groups like Crossroads GPS because it allowed  them to run political ads as long as they weren’t using the majority of their money for electoral work.

Moreover, dark money groups sometimes attempt to underreport the political spending that they do undertake, which has not been helped by the IRS’s past reluctance to issue “bright lines” around what must be counted as political spending.

But that may change soon. The Treasury Department and the IRS are expected to issue guidance today specifying what “candidate-related political activity” entails and how much of it 501(c)(4) social welfare groups are allowed to do.

PFAW

With Warren’s Endorsement, 100% of MA delegation Supports Amending the Constitution to Overturn Citizens United

On Wednesday, Senator Elizabeth Warren co-sponsored Senator Udall’s amendment proposal, SJRES 19, adding a key progressive voice to the amendment movement. With Warren’s endorsement, the entire Massachusetts’s congressional delegation is now in support of amending the Constitution to overturn Citizens United and related cases.

In a speech two months ago, Senator Warren decried the overwhelming influence of money in politics and noted that “Congress needs power to address all of the ways in which corruption threatens the health of our political system.”  That notion – that Congress and the states should have the constitutional authority to protect the integrity of the legislative and electoral processes – is at the heart of what the Udall proposal does. 

To date, 16 states, 500 cities/towns, and over 150 members of Congress have called for a constitutional amendment.  To learn more about the amendment movement, visit: www.united4thepeople.org.

PFAW Foundation

Iowa Senate Candidate Bruce Braley Stands Against Citizens United

The Democratic frontrunner in the 2014 Iowa Senate race, US Representative Bruce Braley (D-IA01), is placing the issue of money in politics front and center in his campaign.

On Sunday, Representative Braley sent an email to his supporters requesting they sign a petition to stand with him “to stop more money from flooding our election system.” The letter referred to McCutcheon v. FEC – a campaign finance case that the Court is hearing this term – and the infamous Citizens United decision, which Braley said is “destroying the election process.”

The American public overwhelmingly agrees with Representative Braley’s assessment, but Braley, a longtime supporter of campaign finance reform, has proven he’s not in the “money in politics” fight just because of public opinion.

Prior to Citizens United in the 111th Congress, Braley cosponsored the “Fair Elections Now Act,” a bill that provided for public financing of congressional campaigns. Following Citizens United, in 2010 and 2012 he cosponsored the DISCLOSE Act, which, had it not been blocked by Republican filibusters, would have stopped “dark money” social welfare organizations and trade associations from spending anonymously in federal elections.

Braley has personal experience with these Citizens United-empowered dark money groups. As People For the American Way documented in “Citizens Blindsided,” during the 2010 election, Braley was the target of a large influx of anonymous outside spending from the American Future Fund, a secretive group without an office or even a website.

In May 2012, Braley spoke about the attack ads in an appearance on The Rachel Maddow Show. In the interview, Braley referred to Citizens United as the “worst thing to happen to democracy in [his] lifetime” and spoke about the implications of the decision:

… now, we can see that very powerful moneyed interests are trying to buy the government they want and have no restrictions—literally—on what they can spend. And that’s why Americans have to wake up and realize they need to ask the tough questions when they see these ads on TV and they have innocuous names – paid for by the American Future fund. Most people don’t realize that this is really a highly coordinated effort to get rid of people who speak truth to power and aren’t going to be swayed by some of these powerful special interests [emphasis added].

In 2014 in Iowa, voters have the chance to stand with Representative Braley and against “these powerful special interests.” They want to dominate the political process by buying it; he wants to keep the “for sale” sign off the US Senate.

 

PFAW

The Citizens United Amendment Movement By The Numbers

The movement to amend the Constitution to overturn Citizens United and related cases continues to grow across the country and in the halls of Congress.

At the local level, over 500 cities and townsincluding New York City, Los Angeles, Philadelphia, San Diego, Chicago, San Jose, Austin, San Francisco, Boston, Seattle, Washington DC, Baltimore, Portland, Albuquerque, Tucson, and Miami, among others – have called for a constitutional amendment.

At the state level, either by passing legislative resolutions or by voting directly on ballot measures, 16 states (containing over 95 million people) have called upon Congress to send them an amendment bill for ratification.

At the federal level, 14 amendment resolutions have been introduced in the US Congress in the 113th session, and 124 representatives (directly representing 87 million people) and 35 senators (representing over 150 million people) have endorsed the amendment strategy since the Citizens United decision came down in January 2010. Furthermore, President Barack Obama has repeatedly called for a constitutional amendment to overturn Citizens United and related cases.

To find out more about the amendment strategy and its progress, please visit www.United4ThePeople.org.

PFAW Foundation

Open Season for Money in Politics in NYC

Citing Citizens United, a circuit court opens the floodgate for unlimited money to flow into the NYC mayoral election.
PFAW Foundation

Salt Lake City Passes “Citizens United” Ballot Initiative with 90% Support

In September, Salt Lake City residents voted by mail on whether or not they want the Constitution to be amended to overturn Citizens United and related cases. Last week the results came in, showing resounding support for taking back our democracy. The ballot opinion question was supported by overwhelming 90 percent of Salt Lake City voters who participated in the election.

It was a huge victory for both residents and for the people who worked tirelessly on the initiative. The ballot measure was spearheaded by Move To Amend Salt Lake, who asked voters to support the People’s Rights Amendment, which states:

"Only human beings, not corporations, are endowed with constitutional rights,” and that “Money is not speech and therefore regulating political contributions and spending is not equivalent to limiting political speech.”

Last year, Move To Amend Salt Lake gathered more than the required amount of signatures to place the initiative on the ballot. However, following City Council law, the initiative was rejected because it was non-binding. The grassroots group then worked with City Council members to change the process and was successful in putting forward the opinion question to voters in 2013.

By supporting the initiative, Salt Lake City joins the roughly 500 municipalities and 16 states that have called for a constitutional amendment to overturn Citizens United and related cases.

PFAW Foundation

PFAW and Allies Rally for Democracy at the Supreme Court

As the Supreme Court heard arguments today in McCutcheon v. FEC – a campaign finance case in which the Court will decide whether to strike down overall limits on direct political contributions – a great crowd of PFAW and allies rallied outside the Court in support of getting big money out of politics.  From students and small business owners to members of Congress – including Senator Bernie Sanders and Representatives Ted Deutch, Jim McGovern, and John Sarbanes – people from all backgrounds came together in support of protecting the integrity of our democracy.

PFAW Executive Vice President Marge Baker kicked off the speeches by painting a picture of the “people versus money” nature of the case:

Inside the court – right now – one wealthy man is asking for permission to pour even more money directly into political campaigns. But we’re here, too, and we have a different ask.  We’re asking the justices to protect the integrity of our democracy. We’re asking them to protect the voices and the votes of ‘We the People’….We’re here today saying loud and clear: our democracy is not for sale.

Also speaking at today’s rally was Montgomery County Council Vice President Craig L. Rice, Maryland State Director of affiliate PFAW Foundation’s Young Elected Officials Network.  Rice spoke about the effect of campaign finance laws on young political candidates:

As a young minority elected official, let me tell you: this [case] is extremely troubling….Young minority candidates throughout this country are routinely outspent and therefore denied the ability to serve in elected roles….Money should not determine who serves in office.

Howard University student Brendien Mitchell, a fellow in affiliate PFAW Foundation’s Young People For program, talked about the importance of being able to hear the political voices of young people in the midst of voter suppression efforts and massive spending by the wealthy in our democracy:

What about the freedom of young Americans who cannot donate grandiose sums of money to political candidates?....We gather to say that this is our country.  And that in a case of money versus people, the answer should be apparent: the people.

One of the highlights of the day was hearing from Moral Monday demonstration leader Rev. Dr. William Barber, II, president of the North Carolina State Conference of the NAACP and a member of PFAW’s African American Ministers in Action.  Rev. Barber highlighted the millions of dollars Art Pope has poured into conservative projects and campaigns in his home state of North Carolina:

We [in North Carolina] know firsthand that when you undermine laws that guard against voter suppression, and you undo regulations on the ability for corporations and individuals to spend unchecked amounts of money to influence and infiltrate and literally infect the democratic process, it has extreme impacts.

Extreme impacts – and not only on the electoral process itself, but also on a whole host of issues shaping the lives of everyday Americans.  Whether you care most about protecting voting rights, preserving our environment, or workers getting paid a livable wage, a political system where the super-rich can make six-digit direct political contributions harms us all.

And that’s why organizations and activists with focuses ranging from civil rights to environmental protection to good government issues came together today with a common message: our democracy is not for sale.

PFAW

PFAW Releases New Toolkit on Getting Money Out and Voters In to Our Democracy

We believe in a democratic system where all Americans have equal access to the voting booth and can express their views on a level playing field.
PFAW

To Understand GOP Government Shutdown Threats, Follow the Money

If you’re curious why many House Republicans are on board with an unhinged plan to threaten a government shutdown or default over demands to “defund” Obamacare, you should follow the money.  That’s what the New York Times editorial board argued in a compelling op-ed Tuesday. 

Far-right groups such as the Club for Growth are striking out at Republicans who refuse to take this reckless stance, wielding their considerable funds to “inflict political pain” on those who do not share their extremist position. And they are titillating their Tea Party supporters with political fantasies in order to get them to send in even more money, so they can ramp up their attack on Republicans who don’t toe the line. In “The Money Behind the Shutdown Crisis,” the editorial board wrote:

These groups, all financed with secret and unlimited money, feed on chaos and would like nothing better than to claim credit for pushing Washington into another crisis. Winning an ideological victory is far more important to them than the severe economic effects of a shutdown or, worse, a default, which could shatter the credit markets.

[…] Brian Walsh, a longtime Republican operative, recently noted in U.S. News and World Report that the right is now spending more money attacking Republicans than the Democrats are. “Money begets TV ads, which begets even more money for these groups’ personal coffers,” he wrote. “Pointing fingers and attacking Republicans is apparently a very profitable fund-raising business.”

And as more money pours into these shadowy groups, their influence – and thus their potential for inflicting further damage on our democracy – grows.  With fewer effective campaign finance regulations left standing in the post-Citizens United landscape, there is little that can stop these groups from using their money to bully elected officials.

But the functioning of our government is not a game.  And though for these fringe groups making an ideological point may seem more important than keeping our government from shutting down or defaulting, Americans are tired of having our basic economic security called into question over political posturing.

As the Times editorial board put it:

It may be good for their bank accounts, but the combination of unlimited money and rigid ideology is proving toxic for the most basic functioning of government.

PFAW