When was the last time you heard someone say, “Wow, I can’t wait to see another campaign ad on TV”? In 2020 candidates spent about $14 billion dollars on their campaigns. 14 billion. Most of it a waste of money. Most of it we did not want to hear/see/read. And then there were the billionaires who openly tried to buy elections with tens and hundreds of millions of dollars. The whole thing is disgusting.
If there are two thoughts that emanate from 2020 it is the need for new election standards (see WE NEED A NEW LAW FOR NATIONAL ELECTIONS published 22 Nov, 2020) and campaign finance reform.
Campaign finance PRO AND CON: There are those who believe strict disclosure requirements and donation limits impinge upon the rights to privacy and free expression, hampering participation in the political process. Others claim that current federal campaign laws do not go far enough to mitigate corruption and the influence of undisclosed special interests.
My positions on financial contributions to a political campaign are as follows:
-One, it should be an action between the candidate and the voter. Period.
-Two, the politicians will complain, “How can I get outside financing?” You shouldn’t be able to and that’s good news.
-Three, the lobbyists will complain, “How am I going to influence the candidate?” You won’t be able to, and that’s good news.
-Four, the candidates will complain, “How can I afford TV advertising?” You may have to cut back on campaign spending and that’s good news.
Let’s begin by defining campaign financing that is being practiced today.
COMMUNICATION COSTS: This category applies primarily to unions, trade groups and other member organizations who expressly advocate the election or defeat of a federal candidate. Comment: Why should a few leaders of organizations with millions of members think they know best who an individual voter should support?
INDEPENDENT EXPENDITURE, aka DARK MONEY: Money spent on political advertising in support of or against a particular candidate from outside a candidate’s own election organization. Generally, there is no limit placed on independent expenditures.
Comment: “No limit” is a euphemism for out of control. There is a reason it’s called “dark money”. The nonpartisan Campaign Legal Center said the dark-money provision ensures “that the door to foreign dollars in U.S. elections remains wide open through secret contributions to these ostensibly nonpolitical groups that run campaign ads without any disclosure of their donors.
SOFT MONEY: Unlimited amount of money given to a political party from any source, including individuals, corporations and unions. These contributions cannot be used to advocate for the election or defeat of a particular candidate. Comment: the political party is not running for reelection, candidates are. Soft money is soft on reality.
POLITICAL ACTION COMMITTEES: A group organized for the purpose of raising and spending money to defeat and elect candidates. There are two types of political action committees:
One, political committees established and administered by corporations, labor unions, membership organizations or trade associations. These committees can only solicit contributions from individuals associated with the sponsoring organization. Comment: Is “solicit” from subordinates synonymous with “contribute or else…….”?
Secondly, committees not sponsored by or connected to corporations, labor unions, membership organizations or trade associations and are free to solicit contributions from the general public. Comment: Remember the “general public” includes all the billionaires.
SUPER PACS: Groups who raise unlimited sums of money from corporations, unions, associations and individuals, then spend unlimited sums to overtly advocate for or against political candidates. Comment. “Unlimited” also has unlimited downsides. How beholding can a candidate become to the PAC members and their policy positions?
HARD MONEY: Money given directly to a political candidate by an individual. Comment: Finally, we have something that begins to make sense.
The Federal Election Commission (FEC) is a federal regulatory agency charged with administering and enforcing the nation’s campaign finance laws. The commission was created by the US Congress 1975. The FEC is authorized to, 1) “disclose campaign finance information” and 2) “enforce the provisions of the law, such as limits and prohibitions on contributions.” Comment: They cannot accomplish either mission very well given the “unlimited” and “undisclosed” elements contained in campaign finance laws, rules and procedures.
Here is how to fix it, all of it, with one simple law. The law should say:
- Campaign financing for all federal candidates will consist of one, and only one, source. The source is the voter who is geographically associated with the candidate. For example, any registered voter in the US may donate to a presidential candidate; any registered voter in a state may contribute to their US senatorial candidates; and any registered voter in a congressional district may contribute to a House of Representative contest.
Comment of paragraph 1: Why does a contributor need to be a registered voter? A successful democracy provides rights and privileges equally to every citizen. But along with those cherished rights and privileges comes responsibilities. Freedom isn’t free; this is perhaps most obvious to those who have served/are serving in the US military. But every citizen should be responsible enough to register to vote a be prepared to support democracy with a vote. Civics 101: 1) Be proud to be a citizen. 2) At age 18 register to vote. 3) Use your freedom of speech to verbally support your candidates and/or make a campaign contribution. 4) Vote in every election. About 100 million eligible voters did not vote in the 2016 election.
2. The amount that can be contributed by any single registered voter to any single candidate cannot exceed $1000. This $1000 limit also applies to the candidates themselves.
Comment on paragraph 2: The candidates will scream, “but I cannot campaign on that small amount of money”. Yes, you can. Every candidate will be under the same restrictions. For the first time, the contribution playing field will be leveled. We-the-people will not be subjected to a continuous barrage of ads we don’t watch/listen to/or read about. The billionaires, just like you, can contribute a total of $3000; $1000 to a presidential candidate, a Senator (or both Senators on the rare occasion when both are running) and a Representative.
3. Anyone found to have contributed more than $1000 to a single candidate will be guilty of a federal offence and subject to a fine of $25,000 each offence.
4. Every contribution must contain the social security number of the contributor and each candidate must keep scrupulous accounting records of every contribution that can be accessed, sorted and reviewed by both name and SSN.
5. Concurrently, every federal candidate must scrupulously and continuously account for every campaign expenditure
6. For every national election, the Federal Election Commission will have temporary auditors operating in all 435 Congressional Districts and will have open access to every candidate’s campaign finance records. The FEC auditors operating in each Congressional District will also audit senatorial and presidential campaigns. FEC auditors will, throughout the campaign, audit candidates’ books with the objective of aligning contributions and expenditures.
7. During each calendar year of a national election, the FEC will create some number of panels consisting of five retired federal judges for each panel. All accounting irregularities will be immediately referred to a FEC panel of judges. If the panel finds conclusive evidence of gross campaign finance irregularities, the candidate is subject to being disqualified.
8. The Democrat and Republican National Committees will not distribute any funds to any candidates.
Conclusions: During the primary season leading up to the 2020 elections, Senator Bernie Sanders announced that he raised $34.5 million from an average donation of $18.53 in the fourth quarter of 2019. Yes, small donations from dedicated voters can add up to enough money.
How many times have we heard the accusation that some politician is beholden to some lobbyist or some corporation because they were bought and payed for with campaign contributions? The answer is too often; this can be and should be stopped.
In 2016, 60 Minutes broadcast an expose unveiling the outrageous phone banking operations of an uncontrollable D.C. political machine. They reported, “Your newly elected Congressional representative is expected to spend half of his or her working hours dialing for dollars at a secret phone bank near Capitol Hill.” Did you elect a full-time telemarketer or a lawmaker?
This entire campaign finance mess can be cleaned up with one, simple, 300-word, 8-paragraph, one-page law. If you agree with this law send it to your US Representative and Senators.
Voter fraud and voter apathy are threatening our democracy. They both can and must get fixed with election and campaign finance reform laws.
Marvin L. Covault, Lieutenant General, US Army retired.