Citizens United v. FEC

Illinois Becomes 14th State to Call For Amendment Overturning Citizens United

With all eyes on Illinois today for a possible marriage equality vote, the Illinois General Assembly took another important action – they called for a constitutional amendment to overturn the 2010 Supreme Court decision in Citizens United v. FEC.  Following on the heels of West Virginia and Maine last month, today’s action makes Illinois the fourteenth state to call for such a resolution.

The Rock River Times reports:

“The effort in Illinois was bipartisan, underscoring what poll data have shown: People of all political stripes are deeply concerned about corporations having too much influence over our democratic process. A measure calling for a constitutional amendment was on ballots across Illinois in November, and was supported by three-quarters of voters.”

Indeed, in Illinois and across the country, Americans of all “political stripes” are making clear that they do not want a democracy ruled by corporate spending.  And with each additional state that goes on record supporting the movement to reclaim our democracy from wealthy special interests, that momentum grows even stronger.
 

PFAW

PFAW and Allies Go ‘Door to Door’ in DE State Legislature in Campaign to Get Money Out of Politics


It was the tiring but rewarding work of democracy in action. 

PFAW Legislative Representative Calvin Sloan recently joined PFAW members and ally organizations Common Cause Delaware and Public Citizen in meeting with Delaware Senators and Representatives, asking them to sign a letter calling for a Constitutional amendment reversing the Supreme Court’s Citizens United decision. Going “door to door” in the state legislature, the advocates held meetings with lawmakers about the importance of reclaiming our democracy from corporations and wealthy special interests.  By the end of the day, the advocates were exhausted but buoyed by the positive responses they had received from public officials on both sides of the aisle.

Already signed by more than two dozen Delaware legislators, the letter notes,

“The United States of America’s elections should not be permitted to go to the highest bidder, and yet this is the risk that rises from the ashes of the Citizens United decision. This risk must be abated.”

From grassroots advocacy in Delaware to tracking money in politics legislation across the country, PFAW continues to speak out about that risk.  And as President Michael Keegan wrote in an action alert last month,

“Our national movement to get unlimited corporate and special interest money out of our elections is growing stronger by the day.”

PFAW

“Fix Our America” Takes Off in Los Angeles

In Los Angeles, California, a group of specialists in media, advertising and entertainment, joined by business people, lawyers, and civic activists have founded an organization that is running advertisements based solely on the need to amend the Constitution to fix our political campaign finance system.  The group, Fix Our America, has begun the process of running the following advertisement on airwaves in California, and is seeking to run more ads in other media markets across the country:

These advertisements are boosting the amendment dialogue in California, a state that has witnessed much grassroots amendment activity yet is still in need of deep reform.  Just days ago, Los Angeles voters approved Ballot Measure C, which called for a constitutional amendment to overturn Citizens United, with 77% of the vote; last year, the California state legislature passed an amendment resolution “to restore constitutional rights and fair elections to the people”; and since the Citizens United decision came down in January 2010, over 75 California municipalities have called on Congress and the states to pass and ratify an amendment to overturn Citizens United.

California does not stand alone.  The amendment movement is well underway and gaining momentum in states across the country.  Fix Our America is yet another example of the American people joining together in protest of the fundamental threat that corporate and special interest campaign spending poses to our democratic institutions.  In the words of Fix Our America’s Declaration of Principles Statement, “Americans deserve the best. Instead, we have been saddled with a system that … leaves all of us at the mercy of those who buy legislation and policy to suit their narrow interests.”  The time has come to fix that.
 

PFAW

Rethinking the IRS Mess

Amid Congressional hearings and an unending stream of pointed fingers, what is the real takeaway from the unfolding IRS mess?  United Steelworkers President Leo Gerard has the answer, arguing that our country needs to rethink the role of corporate money in our elections by passing a Constitutional amendment overturning the Citizens United decision.

In an In These Times article Tuesday, Gerard called for such an amendment, writing that

“while every politician in Washington is cursing the carbuncle, hardly one has complained of the cancer killing the patient. Allowing unlimited, unaccounted-for corporate spending in elections is a malignancy threatening the life of the republic.”

PFAW President Michael Keegan has also spoken out about the danger of allowing the IRS misdeeds to be held up as an example of the perils of oversight writ large.

 In a Huffington Post piece last week, he noted,

“The danger of this frame is that it will discourage the IRS from fully investigating all nonprofit groups spending money to influence elections. And it will distract from the core problem behind the IRS's mess: the post-Citizens United explosion of undisclosed electoral spending.”

As both writers remind us, the IRS should never base its work on the political leanings of applicant groups.  But where our real focus should lie in this national dialogue is on how to strengthen transparency and accountability in all electoral spending.
 

PFAW

Cuomo Can Fix New York's 'Pay to Play' Reputation and Set National Example

The state of New York has become an embarrassing example of what can happen when money is allowed to rule politics. Earlier this month, for instance, two state lawmakers were arrested on corruption charges. It's a story that has become all too familiar in Albany, where a pervasive culture of corruption has led to the convictions of at least 13 state elected officials in the last ten years.

But New York and its governor, Andrew Cuomo, now have an opportunity to shed the state's pay-to-play image and lead the nation in fighting corruption. Good government advocates are pushing for the state to adopt a public financing system based on one that has met with success in New York City. The plan, which would provide matching funds for small donors, would help give candidates without big party or corporate backing the chance to compete in statewide elections. It would allow more voices to be heard in the political process and ensure that elected offices won't be handed to the highest bidder.

The Syracuse Post-Standard, in endorsing the measure, wrote, "There will always be more pressing spending priorities for taxpayer money. But when those priorities are thrown out of whack by the influence of big money on our politicians, something fundamental has to change." And all too often in New York, the priorities of voters are being superseded by the priorities of big campaign donors.

Shortly after the latest scandal, Gov. Andrew Cuomo introduced a bill to increase the penalties on state lawmakers accused of graft. That measure is useful, but on its own is not enough to change the culture in Albany. The public financing proposal, which would provide a meaningful solution to the problem of big money in New York politics, needs the governor's active support. So far, although supportive, Gov.Cuomo has not expended the energy in support of the measure needed for it to pass. He now has the chance to weigh in more forcefully and distinguish himself as a national leader on clean elections. With his full-throated endorsement, the measure would have a strong chance of becoming law, and New York could go from being one of the clearest examples of corrupt government to become a national model of reform.

Since the Supreme Court's outrageous Citizens United decision, which unleashed unlimited and unaccountable corporate spending into national politics, Americans have become increasingly wary of big-money influence in elections. A poll late last year found that 90 percent of Americans thought there was too much money in politics -- true bipartisan agreement! 84 percent agreed that "corporate money drowns out the voices of ordinary people." That's a lot of distrust from almost everybody in this country.

As a national movement to overturn Citizens United gains support, states and cities are leading the way with innovative and popular good government measures. New York, with Gov. Cuomo's support, could go from being a symbol of corruption to having some of the strongest clean elections laws in the country. That would be quite an enduring legacy.

This post originally appeared in The Huffington Post.

PFAW

West Virginia Becomes 12th State to Call For Amendment Overturning Citizens United

The West Virginia Legislature has approved a resolution calling on Congress to propose a constitutional amendment overturning the Supreme Court’s 2010 decision in Citizens United v. FEC and related cases.  This makes West Virginia the twelfth state to call for such an amendment.

People For the American Way has been working with activists in West Virginia to help rally support for the resolution.  As PFAW Legislative Representative Calvin Sloan noted in a recent action alert, many West Virginians already understood the need to get big money out of politics:

“West Virginia has already seen the drastic need for a constitutional amendment to enact free and fair elections. In 2010, West Virginia’s congressional races attracted more than $15 million from outside groups such as American Crossroads and FreedomWorks, organizations that can, in the wake of Citizens United, raise and spend unlimited amounts of money in our elections.”

As a West Virginian, I am especially proud to see this resolution pass in my home state.  While the states that have called for an amendment are diverse – stretching from Hawaii to Rhode Island – protecting the integrity of our democratic process is a core American value.  As one West Virginia delegate pointed out,

“One of government's roles within this great democracy is making sure everyone has a voice.”

West Virginians are now formally joining the proliferation of voices across the country calling for a democracy of, by, and for the people.

PFAW

Delaware General Assembly Members Send Letter to Washington Urging Constitutional Amendment to Overturn Citizens United

Earlier this month, members of the Delaware General Assembly began gathering signatures for a letter to be sent to Senator Carper, Senator Coons, and Representative Carney urging them and their colleagues to pass a constitutional amendment to overturn Citizens United and related cases.
PFAW

New Hampshire Moves Forward With First Steps to Overturn Citizens United in Bipartisan Vote

In a bipartisan vote yesterday, the New Hampshire House passed a bill calling for a constitutional amendment to get big money out of our elections and overturn Citizens United.
PFAW

Three Voter Empowerment Bills Introduced in the House

Members of the Task Force on Election Reform introduced three voter empowerment bills at the beginning of the 113th Congress in January. House Minority Leader Nancy Pelosi created The Task Force to develop electoral reform legislation under the D.A.R.E. initiative (Disclose, Amend, Reform, and Empower).

The objective of the Task Force on Election Reform is to combine the best parts of reform bills into one effective piece of legislation that will help strengthen the voices of average Americans and increase the participation of small-donor contributors in our elections.

The three bills that were introduced are:

The Fair Elections Now Act (H.R. 269) was introduced by Rep. John Yarmuth (D-KY) along with 52 co-sponsors. Among other provisions, the bill matches small-dollar donation 5-to-1 and requires participating candidates to limit contributions to $100. The bill was referred to the House Committee on House Administration on January 15, 2013.

The Grassroots Democracy Act (H.R. 268) was introduced by Rep. John Sarbanes (D-MD) with 36 co-sponsors. The bill matches small contributions 10-1 for candidates who limit contributions to $100 and 5-1 for those that follow the normal contribution limit. The act also provides a $25 tax credit to help voters make small-dollar donations to the participating candidates. The bill was referred to the Subcommittee on Communication and Technology on January 18, 2013.

The Empowering Citizens Act (H.R. 270) was introduced by Rep. David Price (D-NC) and Chris Van Hollen (D-MD) with 13 co-sponsors. The bill matches the first $250 of a contribution 5-to-1 and cuts the contribution limits in half to $1,250 for participating candidates. The legislation also aims to mitigate the effects of Citizens United, by providing a broader definition of coordination so that super PACs and political non-profits cannot function as arms of candidates’ campaigns. The bill was referred to the Committee on House Administration to the Committee on Ways and Means to decide which committee it belongs in on January, 15 2013.

The members of the Task Force on Election Reform are Congresswoman Donna F. Edwards, Congressman Theodore E. Deutch, Congressman John Larson, Congresswoman Marcy Kaptur, Congressman James P. McGovern, Congressman Rush D. Holt, Congressman Adam B. Schiff, Congressman Chris Van Hollen, Congressman Ed Perlmutter, Congressman John A. Yarmuth, Congressman Kurt Schrader, Congressman George Miller, Congressman David E. Price, Congressman Robert A. Brady, Congresswoman Susan A. Davis, Congressman Raul M. Grijalva, Congressman Keith Ellison, Congressman John P. Sarbanes, and Congressman Rick Nolan.

All members of the Task Force on Election Reform support amending the Constitution to overturn Citizens United and related cases.

PFAW

Supreme Court to Consider Allowing Even More Money into Campaigns

The Roberts Court says it will consider a case challenging aggregate campaign contribution caps.
PFAW Foundation

Washington State Moving Forward With First Steps to Overturn Citizens United

Earlier this month, a group of state legislators, led by Sen. Adam Kline and Rep. Jamie Pedersen introduced companion bills requesting that Congress pass a constitutional amendment to return the authority to regulate election spending to Congress and state legislatures.
PFAW

Join "Money Out, Voters In" Today

 

The following video featuring Congressman Keith Ellison and People For the American Way's Marge Baker was recorded on December 15th, 2012 and live-streamed to host parties across the country.

 

On and around the weekend of January 19, 2013 - the weekend of Martin Luther King Jr. Day and the third anniversary of the Citizens United decision - activists across the country will be mobilizing to demand that draconian voter suppression measures are overturned, that we get big money out of politics, and that real democracy flourishes in America.

Click here to host or help out with an event

PFAW

Concerns that Citizens United May Impact Your Access to Birth Control

What does Citizens United have to do with women’s health care?  According to a decision last week from the Seventh Circuit Court of Appeals, perhaps more than you may think.

Just a week after the Tenth Circuit Court of Appeals rejected Hobby Lobby’s petition to prevent enforcement of the Affordable Care Act’s contraception coverage provision, the Seventh Circuit Court of Appeals made a ruling at odds with that decision.  Last Friday the panel granted a motion for an injunction pending appeal to plaintiffs Cyril and Jane Korte who run Korte & Luitjohan Contractors, a construction company.  The Kortes had argued that the contraception mandate of the ACA violated their right to religious freedom. 

In other words, the Seventh Circuit Court of Appeals decided that – at least temporarily – the company does not have to comply with the Obama Administration’s rules that most employer-provided health care plans must cover birth control.

ThinkProgress’s Ian Millhiser points out that the Appeals Court cited Citizens United in their reasoning, a move that he finds “ominous.” Millhiser highlights a line from the decision – “That the Kortes operate their business in the corporate form is not dispositive of their claim. See generally Citizens United v. Fed. Election Comm’n, 130 S. Ct. 876 (2010)” – before arguing that:

As a matter of current law, this decision is wrong. As the Supreme Court explained in United States v. Lee, “[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.” Lee established — with no justice in dissent — that religious liberty does not allow an employer to “impose the employer’s religious faith on the employees,” such as by forcing employees to give up their own rights because of the employer’s objections to birth control.

Nevertheless, the Seventh Circuit’s citation to Citizens United is an ominous sign. Lee was decided at a time when the Court understood that corporations should not be allowed to buy and sell elections. That time has passed, and the precedents protecting against corporate election-buying were overruled in Citizens United. It is not difficult to imagine the same five justices who tossed out longstanding precedent in Citizens United doing the same in a case involving whether employers can impose their religious beliefs on their employees.


Circuit Judge Ilana Diamond Rovner also raised issues with the decision.  In her dissent, she addressed the corporation issue head-on.  She noted that:


...it is the corporation rather than the Kortes individually which will pay for the insurance coverage. The corporate form may not be dispositive of the claims raised in this litigation, but neither is it meaningless: it does separate the Kortes, in some real measure, from the actions of their company.


Similarly, our affiliate People For the American Way Foundation’s Paul Gordon noted last month in reference to the Hobby Lobby decision that the question of where to draw the line in terms of government regulation of religious institutions and individuals is a tricky one.  Still, he pointed out:


The requirement to provide certain health insurance for your employees – not for yourself, but for people you hire in a business you place in the public stream of commerce – seems a reasonable one.

 

PFAW

“Money Out, Voters In” Initiative Launches

Both Martin Luther King Jr. Day and the 3rd anniversary of Citizens United v. FEC will take place this year on the weekend of January 19, 2013, and activists are preparing to draw attention to the appropriate juxtaposition of two of the most pressing issues facing our country. Progressives understand that the dual threats of money in politics and voter suppression are interrelated and threaten the foundations of American democracy, and that taking on one of those issues means taking on both. That’s why people are rallying together under the banner of “Money Out, Voters In” on and around January 19th to raise awareness to these threats and jumpstart 2013 campaigns that will address them.

To launch these efforts, People For the American Way hosted a webcast with co-chair of the Progressive Caucus Representative Keith Ellison that was viewed by activists across the country who had assembled in organizing meetings to strategize for their January 19th action.

To join these efforts, please visit “Money Out, Voters In” or email amendment@pfaw.org.

PFAW

Pushing Back on Citizens United With Art

The results of a recent PFAW and unPAC produced art contest are in: a panel of experts (including such luminaries as Shepard Fairey, designer of the famous 2008 ‘Hope’ poster and Jesse Dylan, creator of the ‘Yes We Can’ music video) chose the piece ‘Monopolistic’ by 21-year old Tennessean Landon Wix as winner of a $3,000 prize.

Titled ‘Art > Money,’ the contest’s purpose was to find a piece of art to serve as an iconic image for the need to keep big money out of the American electoral process. Art can play an important role in such a campaign: as Shepard Fairey says, “It’s about using art to push back against the existing power structures in our society and inspiring real change.” In this instance, the American people agree: 80% oppose the infamous Citizens United decision and favor restrictions on the amount of money corporations can spend on elections.

PFAW alerted and encouraged our members to promote the winning image, and as a result of our and other’s efforts, Wix’s image was shared across the country and on the internet by thousands of activists as part of a larger effort to spread awareness about this important issue.

To see more of Wix’s work, visit http://www.landonwix.webs.com/

PFAW Foundation

A Critical Victory in Montana

The defender of Montana's campaign finance laws will now become that state's governor.
PFAW

New Analysis Shines a Light on 2012 Election Spending

U.S. PIRG and Demos issue an analysis of how much campaign money is being spent by a few individuals and corporations.
PFAW Foundation

What Kind of Justice Will We Vote for On Election Day?

President Obama's Supreme Court Justices respect the words and the values of the Constitution and deeply understand the law's impact on everyday Americans.
PFAW

Montana Campaign Finance Caps Can Stay For Now

The Court declines to wreck Montana's campaign finance system just two weeks before Election Day.
PFAW