Elections

Putting the "Lame" in Lame Duck

Republicans continue to make the case that they are the ones who serious about fixing the economy, shrinking the deficit and putting Americans back to work. This, as they gear up for endless witch hunts that will be make the Republicans' investigations into the Clinton administration in the 1990's look like a picnic... as they move to oppose extending unemployment insurance for millions of Americans in need... as they push to add hundreds of billions of dollars to the deficit with tax cuts for the wealthiest 2% of Americans.

Zach Carter at Campaign for America’s Future put it very succinctly last week when he wrote:

Economic sabotage is the essential Republican strategy for winning the White House in 2012. They will block every effort to actually improve the economy they can, and make a big show out of criticizing any economic aid they can't block.

Incredibly, the GOP is attacking Democratic efforts on the Hill to end Don't Ask, Don't Tell, pass the DREAM Act, confirm judicial nominees and pass the DISCLOSE Act as "distractions" from addressing economic concerns, while Republicans do all they can to block real progress on getting Americans back to work.

A report released today shows, conclusively, that the military is ready for gays and lesbians to serve openly. Ending Don't Ask, Don't Tell is a matter of basic fairness, our national character and national security. The same goes for the DREAM Act, which the Pentagon has said would strengthen the military in addition to offering a much-needed path to citizenship for hardworking immigrant youth. Confirming judges is essential to the country having a working justice system. Passing DISCLOSE is a matter of making sure American voters wield the power in our democracy and not corporations that hide behind shadowy front groups to buy elections.

These things are not distractions. They are essential to making sure Americans have a country that works... one in which their rights are protected and democracy thrives. Republicans want block these measures for the same reason they want to block economic assistance for Americans in need and policies which would strengthen the economy and create jobs. They know that what's good for America is bad for them politically, and for the next two years, everything we want to do that will be good for America will have to be done over the vigorous opposition of an ultra right-wing Republican Congress.

PFAW

Groundswell of Support for Overturning 'Citizens United' Continues

The latest polling on the Citizens United decision reflects the growing public support for overturning the Roberts Court’s ruling. According to a new Public Policy Polling analysis, 46% of Americans agreed that “Congress should consider drastic measures such as a constitutional amendment overturning the recent Supreme Court decision allowing unlimited corporate spending in elections,” while 36% disagreed and one-in-five had not formed an opinion.

A large majority of Americans across party lines disagree with the Citizens United decision, according to poll after poll after poll after poll. Members of both the House and Senate have already introduced constitutional amendments to overturn the ruling and reaffirm Congress’s right to limit corporate spending in elections. As Rep. Donna Edwards (D-MD), the chief sponsor of one amendment in the House, told the Huffington Post:

A lot of progressives are not accustomed to using the mechanisms of the Constitution. The right has used-- has tried to do that an awful lot of times on a whole range of different things in state legislatures and across the board. And as progressives, we're not accustomed to doing that, and this is one instance, though, where the populist demand is there, and our energy and our policy has to match that demand and a Constitutional amendment does that.

People For the American Way and Public Citizen joined together this election year to support candidates who pledged to back a Constitutional Amendment overturning Citizens United, and are continuing the fight for both constitutional and legislative remedies by advancing bills such as the DISCLOSE Act. Americans are increasingly speaking out against the Court’s far-reaching pro-corporate bent, and calling on Congress to make sure that corporations don’t dominate the political system and drown out the voices of individuals.

PFAW

Editorial Boards From Across the Country Call on Senate to Pass DISCLOSE Act

Even though Republican obstructionism has upheld passage of the DISCLOSE Act in the US Senate twice before, the need to pass the bill has grown more urgent following the midterm election which experienced an onslaught of campaign ads funded by secret money from shadowy groups. The DISCLOSE Act will ensure that organizations who run ads to influence elections reveal to the public their donors, as under current law organizations can hide the identities of all of their donors, damaging transparency and the public’s right to know. In the last vote, 59 US Senators supported bringing the DISCLOSE Act to the Floor for an up-or-down vote, but the Republican minority blocked the vote from taking place.

Newspaper editorial boards from around the US are speaking out, calling for the Senate to act on the DISCLOSE Act:

Miami Herald:

Regardless of which candidates win, voters lose when they are left in the dark about who is signing the checks to pay for the commercials -- mostly, attack ads -- that dominate political campaigns. Disclosure enables voters to make informed decisions about the message and the candidate. Secrecy leaves them clueless.

The remedy lies in the Disclose Act, which the House has passed and is pending in the Senate. It would expand disclosure requirements to help the public know more about the rivers of money pouring into campaigns. Thus far, it has failed to attract any Republican support, but sponsors say they are willing to drop some nonessential provisions -- prohibiting government contractors from making donations, for example -- to attract at least one or two Republicans.

This bill should be at the top of Congress' agenda in the lame-duck session that begins later this month. It's too late to do anything about this year's elections, but it can remove the shield of secrecy before the next round of races in 2012. A failure to act benefits only those who thrive in political darkness.

Charleston Gazette:

The Supreme Court breakthrough even lets businesses hide their identity as they funnel cash to front committees that buy smear ads. To halt this concealment, Democrats in Congress drafted the Disclose Act, which would force big donors out into the daylight. They still could spend freely to buy elections, but they could no longer hide from the public.

The House passed the Disclose Act, but Democrats in the Senate twice could not overcome Republican opposition. "Not a single Senate Republican and only two in the House have been willing to vote for the Disclose Act," the San Jose Mercury News noted.

The Senate is expected to try again after the election -- before more winning Republican senators take their seats. We hope the bill finally passes. It's disgusting that firms now can spend millions of company money to sway elections, under the silly pretext that such spending is free speech. At least, they shouldn't be allowed to hide while they do it.

Kansas City Star:

One solution being offered is the DISCLOSE Act (Democracy Is Strengthened by Casting Light on Spending in Elections), which passed the U.S. House this summer, but not surprisingly stalled in the Senate.

The act, simply summarized, seeks to force those pumping money into campaigns to take personal responsibility for their actions and not hide behind front organizations.

It must be passed. Specifically, corporations, labor unions and nonprofits would have to disclose their donors, and their leaders would have to appear on their television ads noting "I approve of this message."

Philadelphia Daily News:

The DISCLOSE Act, passed by the House of Representatives last year, would require, among other things, that political donors be publicly identified. The bill has majority support in the U.S. Senate, but twice has been blocked when not one Republican senator would vote to break a filibuster - even senators who have supported campaign-finance reform in the past.

There's one last chance to impose a minimum check on the Wild West environment that campaigns have become: let the disclosure provision of the DISCLOSE Act come to a vote in the "lame duck" session of the Senate that begins next week.
PFAW

Secret Money in 2010 Election Doubled All Outside Group Spending in Last Midterm

The rapid growth and increased prominence of outside groups attempting to influence voters in the 2010 midterm election was apparent to all Americans who saw the deluge of campaign spending and TV ads this year. But the matter of who actually financed such groups is far less clear, as the Supreme Court’s Citizens United decision made it much easier for groups to raise secret money from individuals and corporations to advance their political agendas. A new report by Public Citizen, Disclosure Eclipse, details how 2010 became a watershed moment for groups who do not publicly disclose the sources of their funding:

Of 308 outside groups, excluding party committees, that reported spending money on this year’s elections, just 116 (53.9 percent) provided any information about the sources of their funding, according to Public Citizen’s analysis of Federal Election Commission (FEC) data.

Of the 10 top spending groups, only three provided information about their founders. These top 10 groups – which collectively spent $138.5 million, equal to 52 percent of the $266.4 million spent by all outside groups in the 2010 to influence this years election – disclosed the sources of only 27.1 percent, of the money they spent.

Groups not disclosing any information about their funders collectively spent $135.6 million to influence this year’s elections. That was almost exactly double the $68.9 million grand total spent by outside groups in 2006, the most recent midterm election cycle.

Although the Supreme Court’s opinion in Citizens United lauded the virtues of disclosure, the effect that decision and the court’s earlier retrenchment of campaign finance regulations in 2007 has been less disclosure.



Such disclosure, [Justice] Kennedy wrote, would enable citizens to “see whether elected officials are ‘in the pocket’ of so-called moneyed interests.”

But, even for independent expenditures, no provision requires the type of disclosure that Kennedy discussed. The plain rules of [Bipartisan Campaign Reform Act] require such disclosures, but the FEC has gutted them.

In 2010, as mentioned above, only 70 percent of 30 top spending groups provided any information about their funding sources. These groups disclosed only 55.4 percent of their independent expenditures.

People For the American Way’s Citizens Blindsided: Secret Corporate Money in the 2010 Elections and America’s New Shadow Democracy report shows how undisclosed money is flowing into groups with a specifically pro-corporate political agenda. Members of Congress who supported measures to reform Wall Street and the health insurance system found themselves in the crosshairs of shadowy organizations which did not reveal their donors to the public. As this Public Citizen analysis demonstrates, Supreme Court rulings and the resulting FEC actions dismantled campaign finance rules to the point where secret money took off in the 2010 election, mostly to the benefit of pro-corporate politicians and causes.

 

PFAW

Who’s Paying for our Elections?

People For’s President Michael Keegan has a new op-ed in the Huffington Post today examining the impact of anonymous donors on this year’s midterm elections. He looks at the difference between spending by shadowy groups like the American Future Fund and another type of big spender in elections: self-funded candidates.

Polling shows that the vast majority of Americans really don't like the idea of corporations and interest groups pouring money into elections...and also really don't like it that outside groups don't have to reveal the major sources of their money.

But not liking the idea of wealthy people or corporations or powerful special interest groups trying to buy elections isn't much help when you're seeing a convincing ad on TV from a group with a name like the "Commission on Hope, Growth, and Opportunity" -- and have no way of finding out what the money and motivations behind the ad are.

Self-financed candidates are, to a large extent, "known knowns." When a candidate is bankrolling her own campaign, voters go into the polling place knowing full well who's most invested in that candidate's success and where the money comes from. Voters knew that Carly Fiorina made her fortune by sending jobs overseas, and Linda McMahon made hers by selling misogyny. But when a candidate is backed by millions of dollars from shadowy interest groups, the equation gets more difficult. The money's there, but it's difficult if not impossible to tell where the money comes from and what exactly it's meant to buy.

The system as it is hands a huge advantage to candidates who advance pro-corporate policies, and also rewards those who avoid wearing their corporate allegiances on their sleeves.

When the 112th Congress convenes, its members will include politicians who campaigned on radical pro-corporate policies -- eliminating health care reform, privatizing Social Security, deregulating Wall Street. Corporate America and the Tea Party movement have been closely linked since former Wall Street banker Rick Santelli issued his infamous battle cry on CNBC. But the unlimited, undisclosed corporate money poured into the campaigns of Tea Party candidates has made the union complete. We may not know exactly who our new Congress is indebted to, but we do know that that debt is enormous.

Read the whole thing at the Huffington Post. Then call your senators and urge them to vote for the DISCLOSE Act.
 

PFAW

Justice Alito Confronted at GOP-Related Fundraiser

ThinkProgress’s Lee Fang went out to a high-profile, high-price fundraiser for the right-wing magazine the American Spectator last night, and confronted one of the gala’s distinguished guests: Supreme Court Justice Samuel Alito.

The Spectator is more than merely an ideological outlet. Spectator publisher Al Regnery helps lead a secretive group of conservatives called the “Conservative Action Project,” formed after President Obama’s election, to help lobby for conservative legislative priorities, elect Republicans (the Conservative Action Project helped campaign against Democrat Bill Owens in NY-23), and block President Obama’s judicial appointments. The Spectator’s gala last night, with ticket prices/sponsorship levels ranging from $250 to $25,000, featured prominent Republicans like RNC chairman Michael Steele, hedge fund billionaire Paul Singer (a major donor to Republican campaign committees and attack ad groups), and U.S. Chamber of Commerce board member and former Allied Capital CEO William Walton. Among the attendees toasting Rep. Michele Bachmann (R-MN), the keynote speaker for the event, was Supreme Court Justice Sam Alito.

It’s not the first time Alito has attended the Spectator dinner. In 2008, Alito headlined the Spectator’s annual gala, helping to raise tens of thousands of dollars for the political magazine. According to Jay Homnick, a conservative who attended the 2008 Spectator gala, Alito spent much of his speech ripping then Vice President-elect Joe Biden as a serial plagiarizer.

As Alito entered the event last night, I approached the Justice and asked him why he thought it appropriate to attend a highly political fundraiser with the chairman of the Republican Party, given Alito’s position on the court. Alito appeared baffled, and replied, “it’s not important that I’m here.” “But,” I said, “you also helped headline this same event two years ago, obviously helping to raise political money as the keynote.” Alito replied curtly, “it’s not important,” before walking away from me.

This is hardly the first time that Justices on the Court’s far-right majority have been caught in ethically questionable hobnobbing with GOP political figures. Last month, it was reported that Justices Scalia and Thomas had attended a meeting with GOP officials arranged by the Tea Party-funding billionaire Koch brothers. The Huffington Post’s Sam Stein discussed the ethical implications of the Justices’ attendance:

"There is nothing to prevent Supreme Court justices from hanging out with people who have political philosophies," said Steven Lubet, a professor of law at Northwestern University who teaches courses on Legal Ethics.

But the Koch event appears more political than, say, the Aspen Ideas festival. In its own invitation, it was described as a "twice a year" gathering "to review strategies for combating the multitude of public policies that threaten to destroy America as we know it." In addition, it's not entirely clear what the two Justices did at the Koch event. A copy of the invitation that served as the basis for the Times's report was posted by the liberal blog Think Progress. It provided no additional clues. A call to the Supreme Court and an email to a Koch Industries spokesperson meanwhile were not immediately returned.

What complicates the report, as Gillers notes, is that the Supreme Court, very recently, handed down a major decision on campaign finance law that Koch Industries quickly utilized. Citizens United overturned existing law by ruling that corporations could spend unlimited amounts of money on federal elections. Koch has always been an active political and philanthropic giver. And its checks have been sent to Democrats as well as Republicans (though weighted more heavily to the latter). This cycle, however, the company has become one of the premier bankrollers of conservative causes, and earned the enmity of Democrats for doing so.

Perhaps what’s even more troubling than Supreme Court justices’ participation in overtly political strategizing and fundraising events is that they don’t seem to see why anyone would find their participation problematic. When Alito told Fang, “It’s not important that I’m here,” he probably believed what he was saying. From someone who exercises judgment for a living, that’s downright baffling.

Maybe the problem with the Corporate Court is not that they’ve allowed their views to be swayed by right-wing and corporate interests…but that they’ve never seen those interests as anything outside of the mainstream.
 

PFAW

Sudden Silence on "Voter Fraud"

In the days and weeks leading up to Election Day, Republicans and their allies across the country were up in arms over the massive voter fraud they were insisting that Democrats were engaging in.

Of course, what they were really doing was laying the groundwork to intimidate likely Democrats (especially people of color) from voting and to de-legitimize an Election Day result that didn’t go their way. As we know, Election Day did go their way. So what happened to all the voter fraud they warned us about? Demos issued a report yesterday, Voting in 2010: Lessons Learned, which discusses a range of issues relating to voter access and election administration. In the area of voter fraud:

The fraud allegation frenzy had its intended effect in 2010. It encouraged certain activist groups and individuals to take up the bogus anti-fraud cause. As has been well documented, Tea Party groups across the nation set up "poll watch" operations where they planned to engage in activities that would interfere with the voters at the polling places, perhaps to the point of crossing the line into illegality. Some members of these groups may not have always been aware of the allowed parameters of behavior. True the Vote in Texas formed the blueprint during early voting when many of its members allegedly started confrontations and harassed voters in Houston. Activists in multiple states then took on the cause. Groups encouraged members to undertake blatantly intimidating activities like photographing and videotaping voters and following them around. Unprecedented numbers of poll watchers showed up at polling sites in communities of color. One group even offered a $500 reward for vote fraud tips.

Fortunately, on Election Day itself the Tea Party groups' threats turned out to be little more than empty. There were scattered occasions of overly aggressive poll watchers, including in Minnesota, but the situations were dealt with firmly and efficiently by Election Protection workers and election administrators. Yet the climate of anxiety and antagonism the groups created in the days leading up to the election had its effect--one that was not good for voters, elections officers, or democracy, and were completely unnecessary.

Also noteworthy after Election Day had come and gone was the sudden silence from the fraud-mongerers and Tea Party poll watch groups. Not a peep of one case of substantiated fraud at the polling place. Even Fox News decided to cancel a special report on voter fraud it had planned on Nevada because there was no fraud.

Does anyone doubt that if the Democrats had had a better night, that we'd be hearing nonstop from the right wing about voter fraud? Funny how that works.

PFAW

Big Victories for Young Progressives

This year People For the American Way Action Fund endorsed over eighty candidates of the age 35 or younger who were running for public office. Many of the candidates were already elected officials, while others were running for office for the very first time. The PFAW Action Fund helped provide young progressives with the resources to spread and bolster their messages of equality, justice, and good-government, and put them in the leadership pipeline to strengthen the progressive movement.

Of the candidates we endorsed for the general election, seventy-two of the eighty-six endorsed candidates won their races! Highlights from Tuesday include:

  • Kyrsten Sinema of Arizona, a solidly progressive State Representative and one of Time magazine’s 40 under 40, was elected to the State Senate.
  • Elena Parent of Georgia upset a conservative incumbent to secure a seat in the State House.
  • Ariana Kelly, a women’s-rights activist from Maryland, was elected to the House of Delegates.
  • Angie Buhl, a YP4 Fellow and Front Line Leaders Academy graduate, won a seat in the South Dakota State Senate.
  • We are also still waiting to hear the final results of Montana State Rep. Kendall Van Dyk, who is currently slightly ahead of his right-wing opponent in a competitive race for the State Senate.

Congratulations to all of the young candidates, and we hope you can support the efforts of the PFAW Action Fund to ensure a progressive future.

PFAW

Known Money, Secret Money

OpenSecrets.org reported yesterday that on the whole, millionaire and billionaire self-financed candidates pretty much flopped in Tuesday’s elections. Four out of every five of the 58 federal-level candidates who spent more than $500,000 of their own money on their campaigns ended up losing in the primary or general election. Among those who lost their expensive gambles were former World Wrestling Entertainment CEO Linda McMahon, who spent more than $46 million on her Senate campaign in Connecticut and Carly Fiorina, who spent more than $5.5 million of her own money in her California Senate race.

And OpenSecret’s data doesn’t even count the most prominent big-spending loss this year, California’s Meg Whitman, who spent a whopping $141 million on her gubernatorial bid.

Self-financed candidates generally have a fairly dismal track record of winning elections—partly because some lack the political experience to pull off a successful campaign, partly because voters reject the idea of a person buying themselves political office. (The Washington Post and the American Prospect both looked into the self-funding paradox earlier this year).

So, you might conclude from this, money can’t buy you electoral love. But the data from other kinds of campaign spending tells a very different story.

Public Citizen reported Wednesday that spending by outside groups—like those we profiled in our After Citizens United report—had a huge impact on the outcome of elections throughout the country. In 58 of the 74 races in which power changed hands yesterday, the candidate who benefitted from the most outside spending also won their election, Public Citizen’s analysis found. Of course, the cause and effect can go both ways—special interests often back shoe-in candidates just to be in their good graces once they’re in office—but it’s undeniable that spending by outside groups really did make a difference in many close races.

The Chamber of Commerce alone promised to spend $75 million to influence this year’s elections…more than 90% of which had, as of the last reporting deadline, gone to support Republican candidates. The Chamber, like many of the pro-GOP power players in this election, spent millions of dollars of money from undisclosed sources to buy ads that often had very little to do with its real goals.

Polling shows that the vast majority of Americans really don’t like the idea of corporations and interest groups pouring money into elections…and also really don’t like it that outside groups don’t have to reveal the major sources of their money.

But not liking the idea of wealthy people or corporations or powerful special interest groups trying to buy elections isn’t much help when you’re seeing a convincing ad on TV from a group with a name like the “Commission on Hope, Growth, and Opportunity”—and have no way of finding out what the money and motivations behind the ad are.

When a candidate is bankrolling her own campaign, voters know what’s going on, and can go into the polling place knowing full well who’s most invested in that candidate’s success. When a candidate is backed by millions of dollars from shadowy interest groups, the equation gets more difficult. The money’s there, but it’s impossible to tell what that money is meant to buy. As PFAW’s Michael Keegan wrote in the Huffington Post last week, that system works great for candidates who back the interests of corporate America and the wealthiest citizens…but isn’t so great for those who don’t have fat bank accounts ready to help them out.

Interestingly, one candidate who invested heavily in his own campaign did notably well on Tuesday—Ron Johnson of Wisconsin, who beat incumbent senator Russ Feingold. Johnson invested more than $8 million in his campaign (almost twice as much as he received from individual contributors). But Johnson was also propped up by over a million dollars worth of ads paid for by out-of-state pro-corporate groups.
 

PFAW

Listen Live: What the 2010 Elections Mean For America

This afternoon at 4:00 PM Eastern, Peter Montgomery, a Senior Fellow at People For, will be on WBAI in New York discussing yesterday’s elections and how our 5 Election Day Stories to Watch are playing out.

You can listen live here.

And read People For President Michael B. Keegan’s full analysis, What the 2010 Elections Say About America: Stories People For the American Way is Watching, in the Huffington Post.


 

PFAW

Rogues to Watch Out For

Whatever the results of today’s elections, there’s little doubt that the incoming Congress will shift drastically to the Right. How far right?

In a new piece in the Huffington Post, People For’s president, Michael Keegan, examines some of the trends among front-running GOP candidates this year, including extreme anti-government views (to the point of abolishing the Department of Education and phasing out Social Security) and a loyal allegiance to Big Business. We’ll be watching how these issues play out in today’s election…but what about when some of these folks are in office?

Ezra Klein writes today about the “end of the do-something Congress.” Despite GOP obstruction, the 111th Congress has pushed through some huge legislative initiatives—from Health Care Reform to the Stimulus to the Lily Ledbetter Fair Pay Act.

Republican leaders have promised that if they retake majorities in Congress, their main goal will be legislative gridlock. Senate GOP leader Mitch McConnell put it like this: “The single most important thing we want to achieve is for President Obama to be a one-term president.”

It’s a dismal goal for people supposedly in the public service business. But what the focus on the coming GOP gridlock hides is what the new far-right GOP would do if they didn’t face any opposition from a strong progressive presence in Congress or the executive branch. As today’s Huffington Post piece and our Rogues Gallery of right-wing candidates explain, it’s not pretty.
 



Pat Toomey

PFAW

3 Reasons to Vote Tuesday

There are many reasons why it is important to vote tomorrow. Here are three of them:

  1. Because you care about a government that cares about people. Take a look at our Rogues’ Gallery of Right-Wing Senate candidates. A coalition of extreme far-right candidates, led by Senator Jim DeMint, want to push a radical agenda that will chip away at individual freedoms while making life even tougher for middle class and working class Americans. These candidates, backed by corporate interests, have plenty of allies running for the House and for statehouses throughout the country. If they’re in charge, they won’t bring progress to a standstill, they’ll start rolling it back.
  2. Because you’re a human being. The Supreme Court ruled this year that corporations have “free speech” rights to spend money to influence elections. Exxon and BP, Goldman Sachs and JP Morgan can now spend millions of dollars from their treasuries to sway your vote. We real human beings may not have millions of dollars to spend for our favorite candidates, but we have one advantage over corporations. We can cast a vote.
  3. Because they don’t want you to. The Right has been up in arms this year about the supposed threat of “voter fraud.” The number of cases of actual voter fraud is minute, and widespread fraud wouldn’t even logically make sense, but the Right loves to talk about it as a way to prevent young, poor, and minority citizens from voting. Don’t let them.

Find your polling place here.

PFAW

Employment Discrimination Case at the Supreme Court

Elections will not be the only thing happening on Election Day. On Tuesday, the Supreme Court will hear arguments in an important employment discrimination case where the official who fired the plaintiff was free of bias, but her decision was influenced by the bias of others.

Although Staub v. Proctor Hospital involves a rather narrow federal anti-discrimination statute - the Uniformed Services Employment and Reemployment Rights Act (USERRA), which generally prohibits discrimination in civilian employment on the basis of military service - the reasoning of the decision could apply to the larger universe of federal anti-discrimination statutes. Therefore, this case might affect millions of American workers both in and out of the military who have the right to be treated fairly.

Vincent Staub sued his employer after he was dismissed from his job as a hospital technician. The hospital official who fired him had no unlawful motives. However, according to Staub, she relied on false information provided to her by his supervisor, who did act out of bias against Staub’s military service. Moreover, according to Staub, the decision-maker failed to vet that information in any meaningful way. At trial, the jury returned a verdict in Staub’s favor, but the hospital won a reversal on appeal.

At issue before the Supreme Court is whether an employer can be held liable for employment discrimination based on the unlawful intent of officials who influenced - but who did not themselves make - an adverse employment decision. If the employer can be held liable, then under what circumstances? How much influence must the biased official’s actions have had before that bias can be attributed to the employer? What if the biased action is not the sole cause for the employment decision? How easy or difficult should it be for an employer to evade liability in these circumstances?

As the Supreme Court determines how to answer these questions, it should keep in mind Congress’s repeated efforts to ensure that discrimination has no place in the modern American workplace.

PFAW

The Voter-Fraud Fraud: And On It Goes

As we get closer to Election Day, the cacophony over "voter fraud" grows louder. Here are just a few of the items we're seeing:

  • Fox News hypes the conspiracy theory that the Justice Department is sending out poll monitors to facilitate voter fraud.
  • Republicans are motivating their base by trotting out their baseless charge that Al Franken stole the Minnesota 2008 Senate election.
  • Georgia GOP groups and candidates are helping Tea Party groups access precincts as poll watchers to fight "voter fraud."
  • Rep. Keith Ellison calls out Minnesota "anti-fraud" group for voter intimidation. The "dead voter" cited by a Republican candidate to attack voter fraud last week is, in fact, quite alive.
  • Nevada’s Secretary of State thoroughly debunks Republican allegations of voter fraud and voting machine tampering.

It is important to remember why the Right puts so much energy into the Voter-Fraud Fraud, screaming and yelling and working overtime to tackle a mostly non-existent problem. While they don't root out the voter fraud that was never going to happen in the first place, they do intimidate people, often people of color and likely Democratic voters, into not voting. They also work to paint any election victory by Democrats as illegitimate.

PFAW

Big Macs, and Mexicans, and Zombies! Oh my!

Reports continue to pour in of the Right Wing’s voter-fraud fraud and voter suppression related to next Tuesday’s election. Today, instead of lions, and tigers, and bears, they want you to worry about Big Macs, and Mexicans, and zombies. Oh my!

Here’s the latest.

Big Macs. Alan Schulman of Schulman Zimmerman & Associates in Canton has contacted local prosecutors regarding a disturbing handbill sent to employees at a McDonald’s franchise in Ohio. The handbill, enclosed with recent paychecks, reportedly tells employees that they must vote for a slate of Republican candidates, or else. “[If] the right people are elected, we will be able to continue with raises and benefits at or above our present levels. If others are elected we will not.”

Mexicans. We’ve long heard about the vast numbers of undocumented immigrants who apparently think it’s worth risking deportation to appear at a polling place and try to vote. Now, apparently, the claim is that Mexicans are being bused across the southern border to sway the election in favor of Democrats, in exchange for short trip and a free meal. At least that’s what Jesse Kelly (R) wants you to believe (scroll down for audio). Kelly is challenging US Congresswoman Gabrielle Gifford (D) for Arizona’s 8th District.

Zombies. This might just be the best yet. Did you know that zombies are voting? The Tea Party Paranormal Society – you heard me right, the Tea Party Paranormal Society – is dedicated to stopping zombies from voting.



They even have instructions on how to perform a Zombie Voter exorcism.

Basic Instructions to find, identify, and exorcise Zombie Voters:
    1. Go to your local municipal court house
    2. Find Clerk of Court Office
    3. Obtain a copy of the death rolls
    4. Copy names of the deceased potential voters going back at least 2 election cycles
    5. Upon completion of this project notify media that you are in possession of the names of all deceased potential voters in the area
    6. Provide a copy list to appropriate conservative representative and/or poll watchers, and instruct them of the legal process in your jurisdiction on how to challenge a fraudulent vote (information obtained from commissioner of elections, registrar, or other appropriate authority from your state)
    7. Document everything and get video if possible

Happy Halloween!

In other news:

      • AZ secretary of state debunks right wing voter-fraud conspiracy theory
      • Elderly Black Voters Allegedly Intimidated At Their Homes In Texas
      • True The Vote Documents Show Hidden Donations, Republican Ties
      • New Mexico voter registration forms are fraudulently altered - by Republicans

 

PFAW

Public Continues to Demand Campaign Disclosure and Spending Caps

A new New York Times/CBS News survey confirms the findings of other polls taken after the Supreme Court’s decision in Citizens United: Americans want greater transparency and stronger reforms in the political system. According to the poll, “nearly 8 in 10 Americans say it is important (including 6 in 10 who say “very important”) to limit the amount of money campaigns can spend.” This includes majorities of Democrats, independents, and even Republicans. In addition, “more than 7 in 10 of the public said spending by groups not affiliated with a candidate should be limited by law, and just 2 in 10 said it shouldn’t.”

Support for campaign transparency is so high that one must wonder if the only Americans who oppose disclosure rules are Republicans in Congress and pro-corporate lobbyists. The Times/CBS poll found that a staggering 92% of Americans believe “it is important for campaigns to be required by law to disclose how much money they have raised, where the money came from and how it was used.” Such findings corroborate the results of a Hart Research poll taken on behalf of People For the American Way, which found that 89% of voters favor “legislation that would require greater disclosure by corporations of their spending to influence elections,” and that a majority of Democrats, independents, and Republicans wants not only disclosure laws but also “limits on how much corporations can spend to influence the outcome of elections.”

The business community is increasingly calling for substantial campaign finance reform as well, as seen in a survey of business leaders conducted by the Committee for Economic Development. The poll found that 77% of business leaders “believe that corporations should disclose all of their direct and indirect political expenditures, including money provided to third party organizations to be spent on campaign ads.”

Despite the vast support of Americans and even business leaders for more openness and transparency in the political process, Republicans and corporate lobbyists continue to oppose commonsense proposals like the DISCLOSE Act. The obstructionist Republican minority in the Senate voted in lockstep to keep the DISCLOSE Act from passing, and recently the chairman of the Republican National Committee, Michael Steele, deceptively denied the very-existence of active political groups that do not disclose their donors.

Steele later said that “if people are that bothered by” the lack of transparency in Congress, “then the Congress needs to change it.” As People For the American Way’s President Michael B. Keegan pointed out:

The glaring problem with Steele's supposed embrace of transparent elections is that just a couple of months ago, people were "bothered by" hidden corporate spending in elections, the majority in Congress did draft a law to make that spending transparent...but Steele's party united to stop the law in its tracks just before the midterm elections.

Steele's bumbling and disingenuous response was infuriating, but it served as a perfect illustration of why Republicans have done everything they can to allow unfettered, undisclosed corporate influence in our elections. With the system as it is, Steele can watch corporate interest groups spend millions of dollars to help elect Republican candidates, and nobody is held accountable to voters.

The post-Citizens United landscape -- where corporations are allowed to spend unlimited amounts from their treasuries to run ads for and against candidates, but aren't required to disclose that spending -- has been a boon to candidates who push a pro-corporate agenda. Michael Steele knows it. And so does every candidate who is benefiting from the influx of secretive spending. They know it, but they don't have to own up to it.

The Republicans in Congress continue to reject the beliefs of nine-in-ten Americans that support disclosure and campaign finance reform, and want to tie the hands of Congress from making even basic changes to increase transparency in the system.

PFAW

The Voter-Fraud Fraud

"I don't want everybody to vote ... our leverage in the elections quite candidly goes up as the voting populace goes down." - Paul Weyrich, founding father of the conservative movement, 1980.

When news hit last week that Democrats were doing better than expected in early voting turnout, Republican Dick Armey - whose FreedomWorks organization ensures that the Tea party is well funded by Big Business - immediately took to the airwaves with two goals: to delegitimize any potential Election Day victories for Democrats, and to justify this year's efforts by Republicans and their allies to keep people of color from voting. Armey told Fox News viewers that:

Democrats vote early because there's "less ballot security," creating a "great opportunity" for fraud. He also claimed that such fraudulent early voting is "pinpointed to the major urban areas. The inner city."

Of course, the former congressman had no more evidence to support his false and inflammatory claims than Joseph McCarthy had for his. But he does have an echo chamber of Republican and allied supporters all making the same unsupported claims of rampant voter fraud to justify aggressive efforts to keep likely Democratic voters - especially African Americans - out of the voting booth.

First, let there be mo mistake: Analysis after analysis has shown that there is no national problem with voter fraud. For instance, in its report The Truth About Voter Fraud, the Brennan Center for Justice has

analyzed purported fraud cited by state and federal courts; multipartisan and bipartisan federal commissions; political party entities; state and local election officials; and authors, journalists, and bloggers. Usually, only a tiny portion of the claimed illegality is substantiated - and most of the remainder is either nothing more than speculation or has been conclusively debunked.

Similarly, when the New York Times turned its investigatory resources to the "problem" of voter fraud in 2007, it found that

[f]ive years after the Bush administration began a crackdown on voter fraud, the Justice Department ha[d] turned up virtually no evidence of any organized effort to skew federal elections, according to court records and interviews.

Nevertheless, the Republicans and their close allies are up to their usual election-time hysterics about voter fraud, especially by nefarious dark-skinned people. They are ginning up fears of stolen elections ... so they can suppress the vote and thereby steal the elections themselves.

Over the past few weeks, as reported in Talking Points Memo and elsewhere:

  • In Illinois, Republican Senate nominee Mark Kirk inadvertently disclosed his plan to send "voter integrity" squads to two predominately African-American neighborhoods of Chicago and two other urban areas of Illinois with significant minority populations "where the other side might be tempted to jigger the numbers somewhat."
  • In Houston, Texas, Tea Party poll watchers claiming to be preventing voter fraud have been accused of "hovering over" voters, "getting into election workers' faces" and blocking or disrupting lines of voters who were waiting to cast their ballots as early voting got underway. The most aggressive poll watching has been at African American and Latino precincts. The Department of Justice is investigating.
  • In Wisconsin, Tea Party groups, the pro-corporate Americans for Prosperity, and the state GOP have been involved in a vote caging operation that seeks to challenge the eligibility of minority and student voters. In addition, dozens of billboards are being put up showing people behind bars with an ominous warning that voter fraud is a felony.
  • The West Virginia Republican Party plans to send "ballot security teams" to all of the state's fifty-five counties in search of "illegal activity" at the polls.
  • In Minnesota, a coalition of Tea Party and other right wing groups is offering a $500 reward for information leading to voter fraud convictions, an inducement that may encourage voter harassment.
  • In Indiana and elsewhere, Republicans and allies are photographing voters at early voting locations.
  • Michelle Malkin went on Fox News to discuss what the far right media outlet described as "reports of voter fraud on a massive scale with the intention of keeping Democrats in office." Malkin poured oil on the fire by claiming that "We are all voter fraud police now," accusing progressives of trying to win elections "by any means necessary."

This isn't new territory for the Right. For instance, in 2006, the Bush Administration fired U.S. Attorneys who refused to press phony voter fraud prosecutions. In 2008, until their plans were exposed, Michigan Republicans planned to use home foreclosure lists to challenge likely Democratic voters at the polls, supposedly to prevent voter fraud. That same year, the Montana Republican Party challenged the eligibility of 6,000 registered voters in the state's Democratic strongholds after matching the statewide voter database with the National Change of Address database to identify voters who aren't living where they are registered to vote. In Ohio, voter caging was used as a prelude to challenge individuals at the voting precinct.

These actions were part of a larger pattern. During the fall of 2008, the Right was setting itself up to challenge the integrity of the election. Across the country, they repeatedly trumped up claims of voter fraud, attacking ACORN and other voter registration efforts and lambasting the Justice Department for its failure to stop this alleged "fraud." However, that effort sputtered when the false claims of voter fraud mushroomed into threats against ACORN workers and vandalism of their offices, which PFAW helped to expose. Last year's doctored "pimp and prostitute" ACORN videos and their aftermath showed the lengths Republicans and their allies are willing to go to demonize and ultimately destroy successful minority voter registration efforts.

Clearly, the Right puts a great deal of energy into tackling a non-existent problem. But while these actions may do nothing to prevent instances of voter fraud that were never going to happen in the first place, they do accomplish something very important, as noted above: They intimidate people, often people of color, into not voting. They also work to paint any election victory by Democrats as illegitimate, thereby seriously destabilizing one of the foundations needed for America's constitutional government to work.

Voting is our assurance that those in power govern only by the consent of the people. The theory of American electoral democracy is that We the People act through government officials who we elect to act on our behalf. However, that assumes that all parties are willing to abide by the results of free and fair elections, win or lose.

Unfortunately, when the most powerful groups in society are willing to ignore democratic principles when it’s convenient - when they are eager to disenfranchise those who are most likely to vote against them - the democratic system fails.

In the past, these forces used poll taxes, literacy tests, and even brute force to keep disfavored Americans from voting, staining the legitimacy of the elected government in the process. Today, far more wary of appearances, they use the false accusation of "voter fraud" to do the same thing, often against the same targets: African Americans and other people of color.

PFAW

LGBT Community Speaks Out Against Gold’s Gym

Karl Rove’s Super PAC American Crossroads has received millions of dollars in funding from TRT Holdings and its owner, Robert Rowling. TRT Holdings under Rowling’s leadership owns the companies Omni Hotels and Gold’s Gym. TRT Holdings donated $2,341,000 to American Crossroads, and Rowling himself gave the pro-GOP group $2.5 million. As reported in After Citizens United: A Look into the Pro-Corporate Players in American Politics, American Crossroads and its sister group Crossroads GPS plan to spend well-over $50 million to elect Republican majorities in the House and Senate. Now, activist Michael Jones, through the online community Change.org, is calling on consumers to hold Gold’s Gym accountable for the company’s substantial donations to the pro-corporate, right-wing political organization.

After criticizing Target and Best Buy for contributing hundreds of thousands of dollars to a Minnesota political organization that supports a staunchly anti-gay candidate for Governor, supporters of LGBT equality are now attacking Gold’s Gym and its parent company, TRT Holdings. Most of the candidates American Crossroads supports also have astoundingly anti-gay and anti-equality opinions and records.

Jones has launched a petition that calls out Gold’s Gym, which “markets and caters to LGBT customers,” for using money from their corporate accounts to effectively support candidates “who want to take away civil rights for LGBT Americans.” Jones writes:

Who would have thought that giving money to Gold's Gym could have such ugly consequences for the LGBT community?

Among the candidates that the owner of Gold's Gym is working to elect include Nevada GOP senate candidate Sharron Angle, who is challenging Sen. Harry Reid. Angle, you might recall, has previously said that women who are raped should turn their lemons into lemonade, and that LGBT people should be barred from adopting children. And that's only the tip of iceberg. In years past, Sharron Angle put her blessing behind an insert that went out to voters that said homosexuality would lead to the destruction of the United States, and called gay people "sodomites" and "perverts." She even endorsed a statement that said there was no evidence to suggest homosexuality was biological, and that scientists who argue otherwise are flawed.

Thanks, Gold's Gym!

But Sharron Angle isn't the only candidate that American Crossroads is supporting. There's also Rep. Roy Blunt in Missouri, who is currently running for an open U.S. Senate seat in the state. Blunt has a whopping 0% rating from the Human Rights Campaign when it comes to legislation focused on the LGBT community, and has voted against the Employment Nondiscrimination Act (ENDA), in favor of a constitutional amendment banning same-sex marriage, and in favor of banning gay adoptions in Washington, D.C. And in his current campaign for U.S. Senate, he's made the preservation of the Defense of Marriage Act (DOMA) a hot issue, suggesting that if he loses his race, DOMA will die and gay people will be allowed to get married all over the country. Ah, the horror!

Once again, thank you, Gold's Gym.

American Crossroads also supports Colorado’s Ken Buck, who said that homosexuality was a “choice…like alcoholism,” and New Hampshire’s Kelly Ayotte, who believes that gay and lesbian couples should not have the right to adopt children, among other anti-equality Republicans.

Now, four Gold’s Gyms in the San Francisco Bay Area just released a statement saying that they will leave the Gold’s Gym brand as a response to TRT Holding’s political donations.

In the end, corporations should not just face petitions from consumers to stop financing political groups, but should be restricted from spending money in elections in general. Nine in ten Americans want “clear limits on how much money corporations can spend to influence the outcome of an election,” and Gold’s Gym and other companies should know that the public does not want them using their money from their general treasuries to influence elections.

 

PFAW

Michael Steele’s ‘Disclosure’ Meltdown

Already under fire for mismanaging the Republican National Committee, Chairman Michael Steele displayed his bizarre and badly-uninformed take on the election yesterday on Meet the Press. Not only is there overwhelming evidence that groups that do not disclose the sources of their funding are participating in the election at unprecedented levels, but the Citizens United and SpeechNow decisions have allowed such groups to be more powerful and less transparent. When asked about the flood of money from outside groups in the election, Michael Steele inexplicably responded: “I don’t know what they’re talking about. No one’s produced one shred of evidence that any of that’s happening.”

Even though Republicans twice voted lockstep in the US Senate to filibuster the DISCLOSE Act, which would have made these groups reveal their donors, Steele tried to portray the Democrats as the opponents of disclosure legislation. In a disheartening lack of follow-through Gregory did not challenge Steele on this statement.

Steele ended the segment by calling for transparency and legislative fixes if necessary: “Absolutely, I am all for transparency, I think it is an appropriate part of the system, it instills the trust that people have in the system and it also avoids questions like this because that information is out there…but the law is what the law is right now, and if people are that bothered by it then the Congress needs to change it.”

For so-called “Super PACs” that are required to disclose their donors, like American Crossroads and the First Amendment Alliance, we have ample evidence that corporate and special interest money is flowing in. A recent New York Times report also demonstrated that corporate money is flowing into the US Chamber of Commerce’s electoral spending. But for 501c4 “social welfare” organizations, such as Crossroads GPS and the American Action Network, we do not know the identity of the donors.

Gregory pointed out to Steele that by law 501c4 groups “do not have to disclose,” and asked, “is that a problem in our politics when you can put a great deal of money into a campaign without disclosing your agenda or who you are?” Steele then said that Congress should “put up” and “change the law,” but that the lack of disclosure may not be a problem anyway: “we haven’t seen any evidence that it is, why are you saying that it is a problem?”

Polling confirms that the public is “bothered by it.” Numerous polls reveal that the vast majority of Americans disagree with the Citizens United decision, regardless of their political party, and oppose the inundation of special interest money in elections. Will Steele now call upon Republicans in Congress to end their filibuster of the DISCLOSE Act and stop resisting transparency in the system?

 

Visit msnbc.com for breaking news, world news, and news about the economy

PFAW

Timothy Egan Calls Out the Corporate Court

A classic claim of pro-corporate shills regarding Citizens United is that campaign finance reform is the equivalent to banning books and government censorship. As Chief Justice Roberts said, “we don’t put our First Amendment rights in the hands of FEC bureaucrats.”

But what Americans are experiencing this election year is the emergence of political organizations with secret sources of funding, an increase in corporate “Astroturfing” through front groups, and an avalanche of money to run misleading advertisements across the country.

In the New York Times, Timothy Egan points out how the astronomical amount of money poured into this election is actually drowning-out the voices of citizens and distorting the democratic process. Egan writes that the Court’s decision in Citizens United “will go down in infamy” for giving corporations the right to easily and secretly fund political groups “to bludgeon the electorate” by flooding the airways with deceptive ads:

Here’s what’s happened: Spending by interest groups in this fall’s senate races has gone up 91 percent from the same period in 2008, according to the Wesleyan Media Project. At the same time, spending by political parties has fallen 61 percent.

So corporations, whose sole purpose is to return money to shareholders, were given the legal right to be “natural persons” in our elections and are now overwhelming them. But political parties, which exist to promote ideas and governing principles, have seen their voices sharply diminished.

If the hell of Colorado’s current election season is what those isolated, black-robed kingmakers on the high court had in mind, you certainly didn’t see it in the nonsense of their decision.

“We should celebrate rather than condemn the addition of this speech to the public debate,” wrote Justice Antonin Scalia in his concurrence of Citizens.

I can’t find any celebrating in Colorado, except by broadcasters cashing the checks of big special interest groups. Republicans and Democrats, conservatives and liberals, by a large majority in the polls, agree on this: outside groups should not be allowed to dominate election spending.

The court missed the reality of what would happen once the floodgates were opened to the deepest pockets of the biggest players. They turned back a century of fine-tuning the democracy, dating to Teddy Roosevelt’s 1907 curbs, through the Tillman Act, against Gilded Age dominance of elections. They focused on a fantasy.

“The First Amendment protects more than just the individual on a soapbox or the lonely pamphleteer,” wrote Justice Roberts.

Come to Colorado, your honor. You will see that those iconic individuals don’t have a prayer in the post-Citizens-United world, let alone some broadcast time for the soapbox.

Here was the court’s prediction: “The appearance of influence or access will not cause the electorate to lose faith in our democracy.” Really? Perhaps the top complaint this year about the barrage of outside attack ads is that nobody knows who is behind them, which promotes the exact opposite of what the Roberts court predicted.

Celebrating yet? Get used to it. Though Republican-leaning special interests are currently outspending the other side by a 9-to-1 ratio, Democrats will soon follow Karl Rove’s lead and learn to bundle and hide wealthy contributors.

As ugly as 2010 has been, the next election cycle, for president in 2012, will bring us a John Roberts’s America that will make this year look like a town hall meeting from a Rockwell painting.
PFAW