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Big money is corrupting American politics and threatening
our democracy. Congressional campaign spending has increased 500 percent
since 1972, forcing candidates to raise obscene amounts of money from special
interests. Once elected, politicians return the favor with tax-breaks, special
exemptions, and legislation that puts the interests of big money over the
interests of the public.
Big money has squeezed out ordinary citizens, whose contributions can't
match those of the fat cats that often don't even live in the state of the
candidates they fund. Big money fuels lengthy, negative campaigns which
turn voters away from the polls.
Congress Passes Campaign Finance "Deform"
On March 20th, the U.S. Senate passed the McCain-Feingold campaign reform
bill. While the bill’s aim was to reduce the influence of money in
politics by banning previously unregulated “soft-money” contributions to candidates,
amendments to the bill damaged its effectiveness by raising hard money limits.
While supporting a total ban on soft-money contributions, MontPIRG opposed
the McCain-Feingold bill because it nearly doubles hard money contribution
limits.
“While playing lip service to reform, the current McCain-Feingold bill
actually boosts the clout of wealthy donors and their candidates,” wrote
Lioz in an editorial published in New York Times on March 21st.
While disappointed in the final outcome of the McCain-Feingold bill, MontPIRG
will continue to work towards lowering hard money limits and eliminating
the influence of money in our political system.
See
Phantom Fixes: How The Shays-Meehan And McCain-Feingold Bills Would Not
Have Curtailed Enron's And Arthur Andersen's Campaign Spending
.
Campaign Finance Reform Under
the Big Sky
In 1994 and 1996, the citizens of Montana passed Citizen Initiatives
118 and 125, two of the most comprehensive campaign finance reforms in
the state’s history. MontPIRG was a key player in originating, qualifying,
and gaining political support for both measures. Immediately, both
initiatives were attacked by wealthy special interests in the courts.
In the fall of 2001, two important rulings were issued concerning the
fate of these important reform measures.
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Buckley v. Valeo
On January
30, 1976, the Supreme Court of the United States issued the infamous Buckley
v. Valeo ruling that struck down campaign finance reforms intended to
reduce the undue influence of wealthy interests on election outcomes.
By wrongly equating big money in politics with free speech, the Court has
blocked reforms to our electoral process that would let ordinary Americans
determine who runs for office, who wins elections, and what issues dominate
the agenda.
While the Court recognized that there is a benefit in avoiding certain
types of corruption or the appearance of corruption in the end they allowed
limits on contributions from individuals and political action committees,
but rejected limits on spending and limits on the use of a candidate's personal
wealth.
Learn more about this in the State PIRG's
Buck Buckley Campaign
site.
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I-118 – $100
Limits
I-118 was upheld as constitutional by the U.S. District Court in Billings.
The measure set limits on the amount of money a candidate can receive from
any one source: $400 per election for candidates running for state-wide
office and $100 per election for legislative office. With the
ruling, Montana became the first state in the country to have such low contribution
limits upheld. This has been a major victory for MontPIRG, our allies,
and the public interest.
The ruling by the lower court was spurred by an important decision handed
down by the U.S. Supreme Court last January. In Nixon v. Shrink the
Court reaffirmed that campaign contribution limits are justified by the
need to prevent corruption and the appearance of corruption in the political
process. The ruling also added momentum to the fight to revisit the
1976 Supreme court ruling in Buckley v. Valeo.
I-125 – Getting Big Money Out
of the Initiative Process
The United State Supreme Court, in October 2001, refused to hear an appeal
by MontPIRG and the National Voting Rights Institute and let stand a lower
court ruling that overturned a ban on direct corporate spending on
ballot initiatives passed by Montana voters in 1996.
The refusal by the Supreme Court to hear the case leaves in question the
constitutionality of corporate spending restrictions in ballot measure campaigns.
I-125 was passed amid complaints about corporate spending on ballot initiatives.
At the time, a MontPIRG study found that 75 percent of spending on initiatives
came from companies or their trade associations. It also found that
the top spenders usually win.
MontPIRG has argued that I-125 did not limit the rights of business or
corporations to participate in the political process because it allowed for
the creation of a separate fund to use in the campaign with donations from
shareholders or employees but not from the company itself. A
mechanism the Supreme Court itself had upheld for candidate elections.
Ninth Circuit Court Judge Daly Hawkins called upon the Supreme Court to
resolve conflicting legal precedents. The Supreme Court refused and
the conflicting precedents remain unresolved.
“We are disappointed that the Supreme Court has decided to take a walk
on this important issue,” said MontPIRG Executive Director David Ponder.
“Clearly we hoped the Court would recognize the rights of Montanans
to prevent a distortion of the political process by wealthy special interests.”
Despite the ruling, MontPIRG continues its advocacy for campaign reform
measures at both the state and national levels.
Our top priority at the state level is improving the disclosure of campaign
and lobby expenditures. Despite collecting campaign finance information more
than a year ago, the state has failed to make the information accessible
to the public.
Additionally, we are pursuing reform measures that clarify the rules and
definitions of lobbying and exploring the opportunities for public
financing of certain elections
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