Scandal or System?

excerpted from the book

Dollars and Votes

How Business Campaign Contributions Subvert Democracy

by Dan Clawson, Alan Neustadtl, and Mark Weller

Temple University Press, 1998

 

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Campaign finance violations in the I996 election were the most serious since Watergate. "What we saw in this election cycle was nothing less than the breakdown of the campaign finance system," said political scientist Anthony Corrado. "The system we created in the I970s essentially collapsed.... It's the Wild West out there. It's anything goes." The system collapsed in a dozen different ways, with every rule being bent past the breaking point and politicians assuming they didn't need to worry about enforcement, from soft money to issue advertising to reporting requirements.

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REFORMING THE SYSTEM

Everyone is talking about campaign finance reform. But what kind of reform? The answer varies. If the problem is occasional abuses by renegade 3 fundraisers, then the only change needed is a system of improved enforcement; and if the major recurring abuse is accepting (indirect) Asian money, the solution is to scrutinize-if necessary, to harass-any Asian American contributor. If the problem is that the public has (momentarily? irrationally?) lost faith in the system, and now sees democracy for sale, then the solution is to address the most visible symbol of this-soft money-and make cosmetic changes elsewhere, loudly proclaiming that this is a thorough reform. For campaign finance insiders-a tiny fraction of the population, but crucial for policy decisions-the problem is that politicians are having to work too hard to raise money. The solution is to find some way to reduce the cost of campaigns (typically, through limited free television time), while seeing to it that the margin of success continues to depend on campaign contributions from big-money donors, which is, after all, the system that put these politicians into office. Most campaign finance experts analyze the Issue in ways generally similar to the political insiders. Academic "expertise," and certainly media punditry, generally depends on possessing views certified as "reasonable" by those with power-that is, by politicians, the media, business, and big-money campaign contributors. For most members of the American public-and for us-the problem is an entire system that is institutionally corrupt, that coerces politicians to put dollars over voters, that buys off democracy. The solution, therefore, must be a complete overhaul and the introduction of a fundamentally new system.

THE PURPOSE OF REFORM

A naive observer might think that campaign finance reform is about reforming campaign finance. Nothing could be more mistaken. The voters want to reform the system. Politicians have a variety of other priorities. In order, they are probably as follows:

CONTINUING TO GET RE-ELECTED. From the politicians perspective, their own election is proof that the current system works-or, at least, their own election shows that talented individuals with noble ideals often win. In order to be elected, politicians must be master fundraisers; they are therefore likely to conclude the money primary serves a useful purpose.

MAINTAINING GOOD RELATIONS WITH BIG CONTRIBUTORS. Supporting real reform would offend these contributors, and that's a huge risk, since politicians assume that whatever "reform" is enacted, the system will continue to be dominated by big money, and reelection will continue to depend on the support of these donors. Moreover, most members hope that when they leave Congress they will make a lot more money. That nearly always means going to work for business, either directly (as an employee) or indirectly (as a lobbyist or consultant).

MAINTAINING THE LEGITIMACY OF THE SYSTEM. For those with power, up to a point a cynical and alienated public has as many advantages as disadvantages, since it means that politicians and business are left to run the system themselves. However, if too many people conclude the system is rotten, that creates the potential for mass mobilization demanding a fundamental change in the system. That's a risk that neither politicians nor business wants to run. During the I930s, Joseph P. Kennedy declared, "I felt and said I would be willing to part with half of what I had if I could be sure of keeping, under law and order, the other half. In order to forestall the possibility of again facing such a situation, many of the rich and powerful-and even more politicians-are concluding that some kind of change, one that can plausibly be sold as reform, would be at least useful and is perhaps necessary.

GAINING PARTISAN ADVANTAGE. Some sources of money strongly favor the Republicans, other sources favor the Democrats. If there is to be "reform," each party concludes that regulation needs to be tightened for the money that goes to the other party. In the I996 election cycle, the Democrats raised almost as much soft money as the Republicans; the Republicans had small but significant advantages for both PAC and individual contributions. Republicans receive almost no labor money; coincidentally, they are convinced that labor (despite its comparatively small scale and marginal status) is the worst offender, and hence the area most in need of new regulation.

ACHIEVING REAL REFORM. Many politicians are committed to democracy. Their understanding of what that means, and their visions of how to achieve it, may differ from our own, but a great many members of Congress- though by no means all of them-would like to see reform, as long as it doesn't drastically reduce their chances of getting elected, hurt their relations with big-money contributors, or hurt the chances of their political party.

SERIOUSLY CONSIDERED REFORMS

In the wake of the I996 election, only one reform proposal was taken seriously and given a realistic chance of being enacted-the McCain-Feingold bill, sponsored by Republican Senator John McCain (Arizona) and Democratic Senator Russell Feingold (Wisconsin), and thus a bill with bipartisan credentials. (McCain, currently the Senate's most visible campaign finance reformer, was one of the "Keating Five-senators who, in the late I9805, accepted large donations from Charles Keating and interceded for him with federal regulators; Keating's savings and loan subsequently went bankrupt, costing taxpayers more than $2 billion.) Although "McCain-Feingold" was always the focus of debate, the bill's provisions changed frequently. In September I997, Feingold acknowledged that "the question of what will be in the bill is still very much up in the air."

The fluid and shifting character of campaign finance discussions makes it impossible to focus on a single package of compromises. Many of the "reform" packages include proposals to permit more latitude for certain kinds of contributions, and as always with Congress, the devil is often in the details. It is, however, useful to consider some of the proposals that are widely discussed and that are likely, in one or another form, to be incorporated into any reform legislation:

LIMIT INDIVIDUAL DONATIONS. Individuals are now limited to $1,000 per candidate per election and $25,000 total per year, but a number of state ballot initiatives have sought to decrease contributions to as low as $100 per person per candidate. The simplicity of the $100 (or $200 or $300) limit is appealing and the logic of the approach-"limit what rich people can donate to an amount ordinary people can contemplate"-tends to win votes. Lower courts, however, have several times (District of Columbia, Missouri and Oregon) rejected the $100-limit proposal on the grounds that it interferes with free speech. Aside from the legal obstacles, the consequences aren't clear: It would certainly help to create a Congress of millionaires who funded their own campaigns and would encourage "independent" spending; it might also lead to a form of contribution brokering, where key individuals lined Up $100 contributors.

LIMIT PAC DONATIONS. The current limit of $5,000 per candidate per election enables a PAC to give $10,000 to a candidate who faces both a primary and general election. The intent of both the current law and the proposed reforms is to limit the size of the donation to an amount so small that it couldn't influence a member's behavior.

Even with today's limits, a single PAC donation is rarely large enough to make a member change a vote on a major, visible, contested issue. Therefore, the proposal won't change much in this regard. Relatively small donations, however, are sufficient to gain corporate PACS access to members to win "minor" wording changes that the public never hears about. The average corporate PAC donation in I996 was $I,3I3 to House members and $I,942 to senators. Many proposed revisions would not touch these access donations. Moreover, if the limit were reduced to $500 (one-tenth of the current limit), the likely consequence would simply be an expansion of the steering committee approach ... Corporations that wanted access would join a member's steering committee, get ten other corporations to give the $ 500 limit, and earn credit with the member for raising $5,000. The total amount corporations gave and members received might not change at all.

BAN CORPORATE, LABOR, AND TRADE ASSOCIATION PACS. This ban was proposed by President Bush in I989. More recently, it became a part of one of the many versions of the McCain-Feingold proposal endorsed by President Clinton in I996. Assuming it could withstand legal challenges-which is far from certain-one principal effect would be to cause a switch from PAC giving (relatively easily monitored) to individual or soft money donations (much harder to track).

As powerful as they are, however, PACS account for only one-quarter of the funding for congressional campaigns. Assuming PAC money might actually be abolished and not turn up in other forms of contributions, that still leaves 75 percent of congressional campaign money untouched.

BAN SOFT MONEY. Great! Let's do it. This significant reform has wide backing and may actually pass. But then the issue of political inequality remains. The problem of unequal political influence resulting, in part, from a privately funded campaign system existed long before the soft money scandals and certainly will not go away if soft money is abolished. A return to the campaign finance system of I990 or I988 is not, to our minds, the goal of reform.

LIMIT SPENDING. To hold down the cost of campaigns, limits could be set on the total amount a candidate could spend during a campaign. The Supreme Court has outlawed spending limits, however, unless they are part of a plan where candidates voluntarily accept public funding in exchange for agreeing to abide by a spending limit. Even if this hurdle could be overcome (and with the current composition of the Supreme Court that seems unlikely), spending limits without additional changes would turn out to be an incumbent-protection program. Why? Incumbents have important built-in advantages-name recognition, a chance to make news through their actions, free postage for congressional business, money to hire staff (some of whom will work in the district servicing constituents), and so on. Therefore, in order to beat an incumbent, a challenger needs to be able to spend a substantial amount of money. If maximum campaign spending is legally set at a low figure, incumbents will be virtually impossible to dislodge. This is contrary to what most supporters of this provision probably anticipate.

GIVE TAX CREDITS FOR DONATIONS. This type of reform is intended to empower ordinary citizens by giving them extra money to make campaign donations. In Minnesota and Arkansas, for example, individual contributors can receive tax credits of up to $50 ($100 for couples) per year for campaign contributions. The small government subsidy is unlikely to make much difference to either donors or candidates. Only 4 percent of the people in the United States make any campaign contributions at all, and $ 50 is probably not enough to entice many more into becoming donors. Moreover, any tax-based policy will be utilized more by the affluent than by the working class. Federal candidates get 80 percent of their money from contributions of $200 or more. Less than I percent of the U.S. population makes donations of this size. The experience in Minnesota is illustrative: 62,000 individual tax filers applied to the state's refund program in I995, down from 72,000 in the I994 election year-compared to a state population of 4.4 million. The danger is that tax credit for political contributions ends up being a tax reduction for a select few.

PROVIDE TV TIME. Walter Cronkite and many others advocate providing candidates free or reduced-rate television time, for which candidates could be required to run longer, positive, message ads. This reform appeals as a measure of public financing that (supposedly) doesn't need to be paid for by Congress or the taxpayers, although in practice it's almost certain that television stations would be compensated with some hidden-from-the-public benefit. Straight public financing permits candidates to decide how to use their money; free television time coerces campaigns to become more television-centered and less concerned about personal contacts. Moreover, television is significantly more important at the presidential level than at the congressional: House incumbents spent 25 percent of their reelection money in broadcast advertisements and challengers 35 percent.

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ECONOMY AND POLITY: CONTRADICTORY PRINCIPLES

Our society takes private property, the "free" market, and the buying and selling of anything and everything as givens; it accepts the idea of someone owning a book, an idea (through a patent or copyright), a contract for a person's services, an animal, or a tree. With few exceptions, the person (or corporation) who owns these has the right to do anything and everything with them. If a corporation has the patent on a process that would substantially improve a product, but lower company profitability, the corporation is under no obligation to use the patent-or let anyone else use it-even if it would make the world a better place. If you buy a house with a dozen large, pleasant shade trees, many over one hundred years old, it is your right to chop them all down as soon as you become the legal owner, with no regard to the effects on the environment, your neighbors, or those who will come after you.

Enamored as we are with buying and selling as the best way to handle virtually any problem, and with private property and the "free" market these concepts are not considered good policy in the political realm. "The best Congress that money can buy," to use Will Rogers's phrase, is a pretty terrible Congress, because some things aren't supposed to be for sale. In fact, it is illegal to sell some things (marijuana, but not tobacco or alcohol), and some actions are regarded as noble if done for disinterested motives, but are illegal if done for cash. Thus, members of Congress are supposed to help their "friends" and constituents, to shape legislation to serve their interests, but it is illegal to explicitly offer to sell either a legislative outcome or even their best efforts to produce such an outcome. It is similarly illegal to offer to (directly) pay a member of Congress for such services. Doing so is called bribery. In the economic marketplace the people with the most money are supposed to have more impact than others, but in politics each person is supposed to have one and only one vote, and explicitly buying and selling political influence is taboo. Instead of directly buying and selling, corporate PACS give gifts to members, creating loose but nonetheless binding networks of obligation.

The disjuncture our society creates between politics and economics is at the heart of this book. Economic democracy is regarded as not just impractical, but somehow immoral. It is "obvious" that people can't and shouldn't vote to determine how their workplaces are run. Even democratic combinations of workers to negotiate with owners-that is, unions- are regarded with skepticism, and tolerated only if they stay weak and limited. The only "efficient" way to operate a "private" enterprise is by having the owners have dictatorial powers; these powers are then used to create bureaucratic systems to control recalcitrant employees. Economic democracy would be the worst form of socialism: hopelessly utopian, totally unworkable. At the same time most people feel it is equally obvious that democracy is the best, in fact, the only acceptable, form of government. In politics, democratic procedures are not regarded as inefficient or utopian; instead they are viewed as imposing certain short-run costs, but for enormous long-run benefits. Virtually everyone in the modern United States firmly holds both that the economy must be operated on the basis of "free" ownership of "private" property, with those who have the money in control of all key decisions, and that the polity must be based on "one person one vote," with money not allowed to exercise a disproportionate influence.

No contradiction is seen between these two beliefs, held with equal surety. We, however, argue that these two practices do contradict one another; it is difficult or impossible for a society with enormous disparities of wealth and income to maintain equality in politics. As long as people with money are allowed to use it to influence politics, those with the most money will have disproportionate influence both on election campaigns and on the shaping of public policy. The fiction may be maintained that every person's vote counts equally-in fact, the people with the most wealth may insist on this loudly and vehemently-but the reality is that "money talks," and those who have the gold make the rules. This is the underlying problem that must be confronted by any attempt at campaign finance reform. If this issue is not J addressed in some way, the almost certain outcome of any reform is that rather than ending the ability of money to influence politics, one specific practice will be prohibited, and one or more new practices will emerge.

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THE AIMS OF REFORM

One of the corporate executives we interviewed explained why he'd be opposed to abolishing private money in campaigns: "I think the members would be less accessible because I think they might start running it strictly for the votes." That, of course, is precisely the point. For us, it is the hope; for him, it was the fear.

We prefer a system where members of Congress run "strictly for the votes" rather than for the money, and where members are concerned with what the majority of their constituents want, not with the wishes of big contributors. Below, we outline our proposal for campaign finance reform. That proposal has four principal aims:

The first and primary aim is to do as much as possible to see to it that each individual has equal representation. Those with wealth and power should not be able to use them to gain extra influence. We therefore wish to create equality in campaign funding, making it more difficult for corporations to use campaign contributions to gain access to or influence over candidates.

Second, the system should be as democratic as possible. If congressional incumbents are practically unbeatable, then democracy operates only once a generation, when a member dies or chooses to retire. Throughout the post-World War II period, incumbents have been almost certain of reelection. In I988, for example, the figure was 98 percent, and even in the I994 upheaval more than go percent of the incumbents running for reelection won. Moreover, in most years more than go percent of members ran for reelection, so that a very high proportion of House members have stayed from one term to the next. It has not always been so. In the nineteenth century turnover was far higher. The rate of members staying from one term to the next was below 50 percent for seven straight elections beginning in I842, and above 60 percent for only two elections between I852 and I884.

Any reform of the campaign finance system should aim to increase the number of competitive races. Studies indicate that the problem is not overspending by incumbents, but underspending by challengers. In order to run a competitive race, challengers need to be able to spend enough money to get their message out to voters. Challengers who can raise enough money to do so are usually competitive; challengers who are drastically outspent can rarely make the race competitive. In I988, in better than 4 out of s races (8I.4 percent), one candidate spent more than twice as much as the other. Only 3.2 percent of these races were competitive (that is, decided by margins of 10 points or less, e.g., 55 percent to 45 percent). In the remaining I out of s races the underfinanced candidate had at least half as much money as the funding leader. A much higher proportion of these races were competitive-about 4 out of 10 (39.I percent). Therefore, a reform proposal needs to ensure adequate funding for challengers.

Third, members of Congress should spend their time on issues rather than on fundraising. "Half of all senators surveyed by the Center for Responsive Politics and almost one-quarter of the House members said that the demands of fundraising cut significantly into the time they devoted to legislative work. Another 12 percent of the senators and 20 percent of the House members said fundraising had some effect on legislative time." Moreover, members should spend time on major issues, not on writing individual exceptions to legislation for actual or potential campaign contributors.

Finally, the system should maintain these characteristics over time. Lots of smart, powerful, and sharp operators will do their best to subvert the system. If they are allowed to do so, they will undermine every positive feature of the reform.

Our goals for campaign finance reform are not shared by corporate executives or most members. Public statements aside, most members don't want to be in competitive races. Corporate personnel think it perfectly appropriate for wealthy individuals and organizations to use money to get additional access and influence. They want members of Congress to have to raise money privately, because then members will provide preferential access to corporations. Former Senator Rudy Boschwitz (Republican-Minnesota) institutionalized the practice. Those who contributed $I,000 or more received special blue stamps to place on their envelopes; lesser contributions entitled people to other-colored stamps; and non-contributors had to take their chances. Letters were opened and replied to according to the contribution level; Boschwitz called this "a nifty idea."

PUBLIC FINANCING

The regulatory model of campaign finance is doomed to failure. As long as our society continues to have vast inequalities of wealth, income, and power, the people with the most money will be able to find ways around restrictive rules. Virtually all current proposals are intended to limit the ways in which money can be funneled into campaigns. It is extremely difficult to impose limitations, because however many rules and barriers are erected, the ingenuity of the rich, or their hirelings, will always find ways to evade the regulations. Clinton's Deputy Chief of Staff Harold Ickes explains, "Money is like water.... If there is a crack, water will find it. Same way with political money." Moreover, virtually no meaningful penalties are imposed on those caught violating the rules. As a result, the regulators are always one step behind the evaders and shysters.

The alternative approach is to cut the Gordian knot of restrictions by instituting public financing of election campaigns. In the early I990s, such proposals seemed utopian. In I992, we argued that Congress and the president would not institute public financing unless a popular movement put a gun to their heads. As we predicted, Washington didn't budge, but state-level referendum campaigns may do what Congress would never do. In I996, Maine voters adopted a public financing system, and Public Campaign, a new organization dedicated to taking special interest money out of elections, is spearheading a movement around the country to bring about public campaign financing, one state at a time, if necessary. Real reform with full public financing, is no longer a utopian dream-it's on today's political agenda. Other proposals are of course possible, but Public Campaign's model law is an excellent framework, and it has helped mobilize and coordinate a major grassroots campaign...

Public Campaign, and its Clean Money Campaign Reform (CMCR), are-at least for now-bypassing Congress, which has shown an amazing ability to sidetrack and frustrate reform efforts, and focusing instead on state-by-state efforts, most notably by putting referendum questions on the ballot. By taking the issue directly to the voters in a ballot referendum, it's possible to pass a full reform proposal. The normal legislative process is highly likely to bury reform in committee and then change "just a few" details in order to make the proposal "more realistic"-that is, to be sure that special interest money continues to provide a decisive margin in most contests.

State level campaigns necessarily mean that there will be minor variations from one place to another. And any effort to present a campaign finance proposal confronts a dilemma: Readers want enough detail to be sure the proposal is viable-that it won't encounter an insoluble contradiction-but don't want to be bogged down in minor provisions of interest only to technocrats and political junkies. In its broad outlines, Clean Money Campaign Reform limits campaign spending, prohibits special interest contributions to those candidates who participate in the system, provides public financing for participating candidates, and guarantees a level playing field. The system is completely voluntary. Here's how CMCR will work for candidates who choose to participate:

QUALIFICATION. To qualify, candidates must collect a specified number of signatures and $5 qualifying contributions, and these must come from registered voters in the candidate's state or district. The required number depends on the office sought, with higher offices requiring more signatures and contributions. In all cases, however, the number is set at a modest level that any viable candidate should be able to achieve. Five dollars is high enough to be sure that people won't support a candidate frivolously and unthinkingly, but low enough that virtually anyone could make the commitment. It's obviously much harder to collect $5 contributions than signatures, and the number of required contributions might need to be adjusted based on experience with the law, but a tentative starting point would be to require I,000 contributions for a congressional candidate. (Congressional districts usually contain about 500,000 people.)

In order to prevent permanent campaigning, the qualifying signatures and contributions cannot be collected until three months before the primary, and must all be turned in by one month before the primary. Candidates are permitted to raise a limited amount of seed money from contributions of $100 or less. That money-perhaps totaling $I0,000 to $20,000 for congressional candidates-can be raised before the qualifying period; if candidates raise more than that amount, the excess must be turned over to the Election Commission; if they spend more than that amount, they are not eligible for Clean Money campaign financing.

Today, many candidates (and most ballot initiatives) pay to get the signatures needed to qualify for the ballot, hiring low-wage workers to do the work. It goes without saying that no candidate can pay workers to collect their Clean Money qualifying contributions, and each contribution must be accompanied by a receipt identifying the contributor and certifying that he or she knew this money was to help this candidate qualify for Clean Money campaign funding.

One of the attacks on Clean Money Campaign Reform is likely to be that taxpayers will be forced to shell out for weak and silly candidates. Senator Mitch McConnell of Kentucky, for the past several years the Republican leader in the battle against campaign finance reform, argued against public funding-any public funding-on these grounds:

If we extend [public financing to congressional] races, every crackpot who got up in the morning and looked in the mirror and said, "gee, I think I see a congressman" is going to be able to reach into the federal cookie jar and get some of those tax dollars. In practice, of course, as things stand today, crackpots can run for Congress-or the presidency-as long as they are rich crackpots... Crackpots would not be able to collect one thousand $s contributions during a sixty-day period ...

PRIMARY FUNDING. Candidates who meet CMCR requirements will be guaranteed a set amount of money from the Clean Money fund, provided that they agree not to raise or spend any private money-even their own-during either the primary or the general election. Federal candidates will also receive a specified amount of free and discounted television and/or radio time.

GENERAL ELECTION FUNDING. Qualifying candidates who win their primaries, and qualifying independent candidates, will be guaranteed an additional set amount from the Clean Money fund, as well as additional free and discounted television and/or radio time.

One major question is obviously: How much money should be provided to candidates? Voters who are disgusted with politics might want a low amount, but, perversely, setting a low figure is a way of protecting incumbents: In order to overcome incumbents' name recognition (and staff advantage), challengers need to be able to spend a substantial amount of money. On the other hand, CMCR candidates would not face any fundraising expenses. Setting public funding at 20 percent below the amount spent in competitive races in previous years will likely offer challengers enough to win; it will also control the overall cost of elections.

LEVEL PLAYING FIELD. What happens if one of the candidates in a race decides not to enter the Clean Money system and instead collects massive amounts of special interest money? Clean Money candidates facing such opponents are entitled to a limited amount of matching funds (beyond the normal amounts available to all CMCR candidates); those funds are also available to candidates who are targeted by independent expenditures

This last provision is a vital element of a workable public finance proposal. The Supreme Court has ruled that any spending limits must be voluntary, which in practice has meant "accepted in exchange for public funding." Candidates who accept public financing need a guarantee that they can't be outspent by their opponent. Without this provision, the special interests could simply work to see that the amount available per candidate is very low. If public financing provides less than half of what is needed to run a viable campaign, then anyone relying exclusively on public financing is almost certain to lose, and candidates would once again be beholden to the special interests. Having successfully subverted meaningful public financing, business will then turn around and say this outcome proves that the people oppose public financing and love special interests.

If candidates using public financing are guaranteed that they can match the spending of their special interest-financed opponents, most of the reason for private fundraising will be undercut. As a result, nearly all candidates would accept public funding. Although PACS and individual donations would continue to be theoretically possible, general election candidates would not want their money, because, if they accepted it, they would not be eligible for public financing, and private funding would not enable them to outspend their opponents.

OBJECTIONS AND ARGUMENTS AGAINST

EXPENSE. The first and most obvious objection likely to be raised to such a system is expense. The best response is simply to accept the figures offered by Senator Mitch McConnell (Republican-Kentucky); in arguing that there is no campaign finance problem, he "said Federal campaign spending last year [I996] amounted to $3.89 per eligible voter, 'about the price of a McDonald's value meal."' That's not much to take big money out of politics. McConnell's figures are lower than our own calculations, but the principle remains: for $10 per person per year we could guarantee funding for all candidates at all levels (federal, state, and local).

A public financing proposal costs nothing from the perspective of American society as a whole; it simply shifts the expense from private sources to taxpayers. That does not mean, however, that taxpayers will pay more. Quite the contrary. Why are "private sources" (largely business) making these contributions? In order to cut their taxes. If their taxes go down, who makes up the difference? Consider just one example of this: In I955 corporations paid Z7.3 percent of all federal taxes, but in I995 they paid only II.6 percent. The reduced contributions by corporations meant that individuals paid more. Total federal tax revenue in I995 was $I,355 billion. If corporations had paid the same share of taxes in I995 as in I955, they would have paid an additional $213 billion, enough in that one year to provide public financing for both House and Senate elections for well over a century.

These savings could be multiplied by eliminating any of a long list of special interest tax breaks...

TAX CHECKOFF. Some will argue that if we are to have public financing, the money should be raised through a voluntary checkoff on tax returns. Experience with this system for presidential elections, it will be argued, indicates that the public does not support public financing of elections.

The voluntary checkoff system is extraordinary, and in our opinion, it is intended to subvert public financing. Nothing else the government funds (depends on voluntary checkoffs. If building the B-Z relied exclusively on taxpayers voluntarily designating money, how many bombers would we build? We believe that public financing of elections should be paid for in the same way everything else is-out of general revenues. Let voluntary taxpayer checkoffs be used for the savings-and-loan bailout.

RED TAPE. A third objection to Clean Money Campaign Reform might be that it would involve red tape and bureaucracy. In fact, CMCR would reduce the red tape in the current system. At present, candidates need to keep careful records of both receipts and expenditures. Receipts are the most difficult to monitor and record, but with public financing there would be no need for a record of receipts (after the initial qualifying period). Public funding of presidential candidates has operated successfully with a minimum of paperwork.

WOULD REPUBLICANS USE IT? For over a decade, Republicans have steadfastly opposed public financing; the I99I Senate action on this provision was by a straight party-line vote, and in I997 only four Republicans-but a I forty-five Democrats-supported the McCain-Feingold bill, which included free television time, a limited form of quasi-public financing. Republican opposition is important in two senses. The first is in trying to get the proposal passed. The other is the question of whether Republicans would use public financing if it were available; if they did not, the system would have a partisan character that would undermine its intent. Experience with the presidential public finance system is, however, reassuring. Every Republican nominee for president has accepted public financing, and Republicans have accepted federal money for their nominating conventions. Public pronouncements are one thing, action quite another. If the money is available, Republicans will take it.

THIRD PARTIES. Clean Money Campaign Reform permits third-party candidates to qualify for public funding. Some will see this as a strength of the proposal; others will be concerned that it will permit extremists to get public financing for their campaigns. This is sure to be one of the arguments

used against the reform, but it would clearly be discriminatory to privilege the Democrats and Republicans-and to qualify any candidate will have to demonstrate support by collecting signatures and $5 contributions from registered voters inside their district.

WILL IT LAST? A final objection is that even if the system sounds good, those with wealth and power will find a way to corrupt it and evade the rules. We agree: Constant vigilance will be needed to keep this from happening, and implementation of the system would have to be accompanied by other changes to plug existing loopholes and prevent the emergence of new ones. But one of the most important aspects of CMCR is that it contains a built-in safeguard to keep it effective: Each candidate has enough money to communicate his or her message and to warn voters about attempts to evade restrictions or launch unfair attacks.

No change will be meaningful unless the rules are enforced. The Federal Election Commission has become a joke because it is unwilling or unable to uphold the law. For example, presidential candidates have spending limits for each state primary. In I988 in Iowa, the Democratic winner, Richard Gephardt, exceeded his spending limit by almost $300,000, and the Republican winner, Robert Dole, exceeded his by $306,000. It was more than three years before the FEC completed its audit of these campaigns-long after the presidential nominations were decided. The FEC is often unwilling even to investigate complaints. Abuses need to be exposed to public scrutiny even if they ultimately go unpunished. It should not take a majority of votes to pursue an investigation, but only a one-third minority, and reports of those investigations should be publicly available. Congress prefers to move in the opposite direction, making it more difficult for the public to file complaints against members of Congress: "Republicans in the House pushed through a change in ethics rules today [September I8, I997] that would bar outside groups from lodging an ethics complaint against a House member."

A new system needs to be implemented in which party loyalists (who invariably vote a straight party line, leading to tie votes and no action) are replaced by people committed to upholding the law. No matter how good the system that is installed, if every loophole receives official authorization, and no violation is ever punished, then the system will quickly fall apart. We need commissioners prepared to take abuses seriously, act swiftly, impose penalties, and seek criminal sanctions. If corrupting Congress and the democratic system isn't a serious offense, what is?

Soft money would have to be abolished and independent expenditures controlled. Abolishing soft money is, in principle, relatively simple.

FREE SPEECH. Controlling independent expenditures-without interfering with free speech-is more difficult, but it is not impossible. For example under current law, issue advertisements do not come under federal regulations unless they specifically recommend voting for or against a candidate. Ads escape regulation unless they use the magic words "vote for" or "vote against." Under the I997 McCain-Feingold bill, anyone placing an "issue ad that appeared within sixty days of an election would have two choices: omit the candidate's name, or meet the disclosure and donation-limit rules that apply to normal campaign expenditures ("hard money").

The American Civil Liberties Union (ACLU) has, with much internal dissent and controversy, attacked many attempts at campaign finance reform, including the Maine Clean Elections Act. We are unequivocally in favor of free speech, but the class bias around this issue is striking. The primary proponents of the "campaign contributions as free speech" argument are the same Republican conservatives who usually lead the attack on free speech. Companies can require their workers to attend "captive audience" meetings to be lectured on the evils of unions; neither workers nor unions have the right of reply. If workers speaks up for the union the company can exclude them from the next meeting. Workers, quite literally, do not have the right of free speech, at least not on the job. The ACLU accepts this; it's a non-issue. On the other hand, a major issue for the ACLU is any law that would simply require the disclosure of who is paying for independent" issue advertising-when rich people speak, the ACLU doesn't think we have a right to know who is speaking. Two explanations of this are possible: The ACLU is illogical, or rich people are entitled to more free speech than workers.

ABOLISH ALL RESTRICTIONS. Newt Gingrich and Trent Lott, the Republican leaders in the House and Senate, argue that the election system does not need less money; on the contrary, it needs more. We should, they say abolish all limitations and restrictions other than public disclosure. We wonder whether next year will bring an even bolder initiative: Allow members of Congress to sell their votes to the highest bidder. The logic is impeccable: Free enterprise demands it, anything else is unwarranted government interference.

ARGUMENTS FOR

The arguments in favor of this system are more powerful, but they may be more briefly presented. Elections would be far more competitive. Although challengers would still have less name recognition than incumbents, they would have enough money to mount credible campaigns, and for the first time challengers as a group would have as much to spend as incumbents. Special interests could no longer use campaign money to increase their access and win benefits for themselves. It is not only that a member would not be indebted for a past donation. Members would also know they would never need to depend on a future donation and could never gain a campaign advantage by soliciting or accepting such a donation. Corporations would continue to have substantial clout based on their wealth, power, and respectability, their ability to maintain a staff of lobbyists, their advocacy advertising, their networks, connections, and friendships. But one of their major special interest weapons would have been eliminated.

The guarantee of public funding for campaigns would give members of Congress more time to spend on legislation and on keeping in touch with constituents who are not campaign contributors. As one of the two corporate executives who supported public financing said:

I am looking to take off the back of the politician this terrible concern he has of raising money. He spends too much time raising money. He spends too much time thinking about raising money. And I think if you turned around and gave him that time back-even if he didn't use it for legislation-even if he used it to think-we'd all be better off. When I first came to Washington as a kid, Congress wasn't in from July through January. They closed up for the whole summer months. These guys went home and got to see their people and thought a lot more about what was going on, and they came back better people for it. Now they have to spend all their time raising money. They have to spend all their time involved in enormous amounts of work that are not productive.

TAKING IT TO THE STATES

A public financing reform plan would eliminate or drastically reduce the impact of special interest money, would substantially increase competitive elections, and thus turnover among members of Congress. But is this realistic? Dick Cheney, at the time a Republican representative from Wyoming, and later Bush's secretary of defense, offered a memorable no: "If you think this Congress, or any other, is going to set up a system where someone can run against them on equal terms at government expense, you're smoking something you can't buy at the corner drugstore."

Cheney's view is probably correct-it seems impossible that Congress

 

will ever pass these reforms. That's the beauty of Public Campaign's state-by-state effort and their focus on ballot referendum questions. Any set of elected officials is likely to amend and compromise reform until it no longer ,brings much reform, but referendum questions are decided directly by the voters. The wake-up call was in Maine in 1996, when voters passed the Maine Clean Elections Act by a 56 to 44 percent margin. Seven months later, Vermont's state legislature, by lopsided votes, passed Clean Money Campaign Reform. In early 1997, the Connecticut House fell just two votes shy (73 to 75) of public financing for statewide offices. In November I997 Massachusetts activists collected far more than the required number of signatures, guaranteeing that in I998 voters will be able to decide the issue Public Campaign, headed by Ellen Miller-formerly the head of the Center for Responsive Politics, the leading group monitoring campaign spending-received $9 million in funding from various foundations and is working to promote drives for ballot initiatives or legislative change in North Carolina, Georgia, Arizona, Idaho, Missouri, Massachusetts, New York, and Michigan. In Wisconsin, the coalition to promote public financing is called Elections not Auctions.

If politics were an old-fashioned melodrama, we could say, "As soon as the issue goes directly to the voters, they will be sure to vote to take money out of politics." Unfortunately, it's not likely to be that simple. Entrenched interests-including most politicians in office, most of the media, and virtually every business-have a stake in seeing to it that the people with money continue to have more access, and more leverage, than average voters. The moneyed interests will not easily give up their privileges.

The public is confused about campaign finance issues. Responses to opinion polls vary dramatically, depending on how the issue is posed; this IS m marked contrast to environmental issues, for example, where no matter how unfair the question, the public still favors taking care of the environment. It is easy to point to poll results that demonstrate broad support for taking money out of politics. For example, a poll commissioned by the Center for Responsive Politics found:

Money and politics is seen as a systemic problem, not one associated with a particular party or elected officials. Seven in ten (7I percent) people believe the Republicans and Democrats are about equally likely to engage in questionable campaign fundraising these days, even though the recent media spotlight has been on the activities of Bill Clinton and the Democratic Party.... Money is widely assumed to give the rich and powerful special access to members of Congress. Three-quarters (77 percent) of Americans believe that major campaign contributors

from outside a congressional representative's district are granted more opportunity to make their views known on important issues than the people he or she was elected to represent. Furthermore, this is not a case where people tend to criticize Congress but not their own representative. Fully two-thirds (67 percent) think their own representative in Congress would listen to the views of outsiders who made large political contributions before constituents' views.

Those results accurately reflect one important aspect of public sentiment, and help explain why 89 percent of the public thinks the campaign finance system needs fundamental change (50 percent) or needs to be completely rebuilt (39 percent). At the same time, however, 43 percent believe that public financing of campaigns would not reduce the influence of special interests, and 72 percent opposed "financing political campaigns out of tax money." This last is opponents' most effective argument: Do you want your tax dollars to pay for candidates' mud-slinging ads? These ambiguities and contradictions in public sentiment help explain why the Maine ballot initiative won by a relatively small margin, despite the media focus on Clinton's fundraising abuses.

Two options are possible: full public financing of elections or continued domination by moneyed interests. At present, the public is unhappy with both of these. Another option appears attractive, but is, in fact, illusory: Continue private financing but with effective regulation." It remains to be seen whether the advocates of public financing can persuade voters that, despite their reservations about public financing, it is the only realistic alternative to our current system. If those with wealth and power can get their act together, they will support a cosmetic pseudo-reform that will, they hope, undercut demands for true reform.

If a campaign for real reform builds major public support, business will fight back on two fronts. First, it will mount a campaign to change public opinion. Corporations will commission in-depth studies to find out what parts of the proposal have the most and least support, then will focus as much attention as possible on those aspects that make the public uneasy. Academic experts will be hired to prove that the proposals wouldn't work. The mass media will run numerous interviews with "taxpayers" who are angry that their money is being used, against their will, to pay for mudslinging and negative campaign commercials. Members will loudly insist they are happy to see anybody at anytime and will be photographed seeking the opinions of poor and middle-income constituents. Every attempt will be made to undercut support for reform through what Domhoff has called the "ideology process."

At the same time-for anything except a ballot initiative-business will undertake a second approach, developing "minor" modifications that sound harmless but in practice gut the proposal. They will open loopholes that can be expanded at a later time when public attention is focused on other issues. Corporations will aim to create a system where candidates need special interest money because it provides benefits not available in any other way, paying for the television ads that provide the margin of victory in a competitive election or for an increase in the member's effective personal income.

CONSEQUENCES

If Clean Money Campaign Reform were passed, it would lead to major changes in three areas: in the character of Congress as an institution, in the politics of the candidates elected, and in the power of business.

THE CHARACTER OF CONGRESS. The slowest and most minimal change would probably be in the character of Congress. In the current situation, a large fraction of what Congress does is serve as a peculiar sort of Ombuds office. Senator William Cohen estimates that "as much as forty percent of staff time is spent in casework." Rather than spending their time on formulating legislation or evaluating general policy, members use political criteria-especially past or future campaign contributions-to make a host of relatively minor administrative decisions. Despite the generic use of the term "special interests," a large majority of these decisions are made for and at the behest of, business. In some cases, the administrator at the regulatory agency or executive office is "persuaded" to adopt the member's interpretation-a persuasion that often depends on fear their agency's budget will be cut if they don't go along. In other cases, what ought to be a minor administrative decision is written into law, an extremely clumsy approach that provides little flexibility for adapting to changing circumstances. This is not the purpose for which Congress was intended, and it is a perfectly awful way to decide regulatory and policy details.

A large proportion of all these political interventions into administrative decisions are made in response to (or in hopes of) business campaign contributions. If members knew they could rely on public funding, this would remove one major incentive to engage in this process. With a little luck, over time, this might return Congress to the job of writing legislation and formulating general policy. At present, the typical congressional contest is decided on the basis of who is best at delivering pork barrels and putting in the fix; the edge almost invariably goes to the incumbent, whose seniority provides extra leverage. If Congress focused on policy issues rather than minor details, election contests might be decided on the basis of candidates' stands on the issues and on whether they had fresh ideas to contribute. In this case, quite a few current members would be in deep trouble, but the country as a whole would be better off.

POLITICAL CHANGE. Public financing would also lead to a change in who would win elections, and in the political stands they would take. In our interviews we found that corporate PAC directors believe virtually every member of Congress is prepared to "be reasonable" and "help them out." If there are members with a different view, they have either learned to keep quiet about it, or they have been effectively silenced and are generally unable to interfere with the special benefits corporations win through the access process. Members go along in order to raise money themselves and to keep corporations from sending floods of money to their challengers.

The conventional wisdom is that public funding would help Democrats and hurt Republicans. Certainly support for such proposals is more common among Democrats than Republicans, one indication of their own assessments of who would benefit. Perhaps this is so, but if Democrats were the main beneficiaries, they would not necessarily be the Democrats currently in Congress. As G. William Domhoff, Walter Dean Burnham, Thomas Byrne Edsall, and others have argued, today's Democratic party has a split personality. Republicans get lots of money from business, and virtually none from labor, women's groups, or environmentalists. Democrats, by contrast, get significant amounts of money from business as well as labor. In I988, Republicans received $19.7 million from corporations and only $2.7 million from labor. Democrats received $26.4 million from corporations and $32.7 million from labor. As a consequence, the Democratic party has a split personality, and business (but not labor) has leverage with both major parties. The advantages of public funding would be greatest for those Democrats who are not able to raise money from business. That is, public funding would be of much more benefit to candidates such as Jesse Jackson or Paul Wellstone than it would be to Charles Robb or John Dingell. As a consequence, the character of the Democratic party might shift, and business-oriented Democrats might find themselves a beleaguered minority.

BUSINESS POWER. Finally, public funding of congressional campaigns would reduce the power of business. Not eliminate it: While campaign finance is one important tool business uses to influence politics, it is not the only one. If full public funding were instituted and all loopholes were plugged, thus establishing a level playing field for campaign finance, business would still have a privileged position. Large corporations would continue to:

I. Dominate the economy and be able to make hundreds of key decisions influencing people's lives (and therefore, their votes).

2. Fund think tanks to prepare analyses and reports advancing a business point of view.

3. Collect and provide information that the government doesn't have (often information that business fights to keep the government from getting).

4. Be able to hold out the prospect of lucrative future employment for the member and/or key staff aides.

5. Maintain large staffs of lobbyists.

6. Communicate directly with stockholders.

7. Control access to employees for political and other purposes.

8. Engage in advocacy advertising.

9. Frustrate policies through a refusal to cooperate.

And in a host of other ways, to shape the character of the society-the options available and the costs and benefits associated with them.

PEOPLE POWER. If corporations would continue to be so powerful, is there any point in fighting for campaign finance reform? Is it possible to win against so much might? And if we did win, would anything really change? That these questions need to be addressed is one of the strongest indications of business hegemony. Once people believe that it isn't possible to change the system and that the struggle to do so can only lead to grief and frustration, the power structure has won more than half the battle.

Real social change is possible. In the early I960s, poor and vulnerable African Americans transformed Southern race relations. Thousands of nameless people put their lives on the line; many made enormous sacrifices. Their struggles have not (yet) brought equality, but they did end the Southern racial caste etiquette system, and they brought a resurgence of black pride and awareness. A similar story could be told of the women's movement- which itself owes a considerable debt to the black movement.

A less dramatic struggle more directly linked to corporate power makes the same point. In the early I960s, auto safety was presented as depending entirely on safe drivers. Ralph Nader raised the heretical idea that perhaps cars were also a cause of accidents-and had the data to prove it. General Motors responded with a vicious campaign, even hiring detectives to dig up dirt on his private life.

Did Ralph Nader's campaign totally transform U.S. society and the power of business? No. Did it have any real effect on people's lives? Absolutely. In I965, for every I00 million miles driven, 5.3 people died in automobile accidents. If that rate had still applied in I994, an additional 80,000 people would have died in auto accidents.

People sometimes argue that such reforms only make the system more stable and resistant to change. Perhaps that is true in some instances. In other instances, what Andre Gorz called a "non-reformist reform" provides immediate benefits to people and makes it easier to win future reforms. Did the auto safety campaign Nader launched produce a significant change in the way people think about business? Yes. Did it make it people more or less willing to consider additional reforms? Obviously, much more willing.

We would argue that Clean Money Campaign Reform is also a "non-reformist reform." It proposes a reform that can be won, and one that if won will substantially weaken business power. By itself, will it transform American society? No. Will it have an impact? Yes. Will the end of corporate campaign contributions and the emergence of public financing make it easier or more difficult to make future political changes? Clearly, easier. Will continued struggle be necessary to elect good people and to fight business power? Certainly. Will electoral politics be enough? No. Business exercises power on many different fronts and that power must be opposed on every front.

Today, more than at any time in the last two decades, real social change is on the agenda. Campaigns for public financing of elections are one element of that, but by far the most important is the revival of the labor movement. The new leadership of the labor movement-John Sweeney, Richard Trumka, and Linda Chavez-Thompson-is committed to building a labor movement that is a movement, not just a bureaucracy. One small part of that is the AFL-CIO's recent decision to support public financing, which represents a dramatic shift from its long-standing opposition to any system that diminished the importance of labor political action committees. Far more important are its efforts to seek and build alliances with other social movements, to stand up not just for trade unionists but for all working people, and to take as its first priority organizing new workers, not just servicing those already in unions. Just as business operates on many fronts, so must a movement for social change. A revived labor movement is one encouraging sign, but it cannot succeed if it stands alone. In order to contest business power, we need to commit ourselves to many other sorts of struggle: for the liberation of women, people of color, gays and lesbians; to create alternative media and sources of information; to build our own think tanks; to transform schools, colleges, universities, and teaching.


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