The Limits of Campaign Finance Reform by Avi Green and Hannah Reuter, Scholars Strategy Network The 2016 Presidential election brought conversations about money in politics to the fore, as Bernie Sanders attacked Wall Street contributions and Donald Trump promised to “drain the swamp” of DC lobbyists and influence peddlers. Such arguments resonated. According to a 2015 poll, 84 percent of Americans think that money has too much influence in U.S. politics. Reformers advocate three key changes: disclosure laws, contribution limits, and public financing of elections. In a survey of 15 leading scholars, support for disclosure was unanimous. But researchers find that contribution restrictions and public financing have fallen short. Advocacy for political reforms is difficult and costly. Focus on one reform can potentially crowd out other possibilities. Reformers would be wise to consider the trade-offs as they develop agendas. Disclosure – Now More than Ever Disclosure about campaign donations and spending, lobbying, and the financial interests of candidates and elected officials is valuable for researchers and even more important for journalists and citizens. Allegations that disclosure chills political speech are not borne out by research. Right now, there are far too many dodges, undisclosed ways for well-heeled people and interests to spend money to sway elections or influence policymakers. Contribution Limits Don’t Keep Money Out and May Promote Extremism The desirability of legal limits on contributions to candidates, political action committees, and political parties may seem intuitive, but even before the Supreme Court’s Citizens United decision in 2010, political donors found plenty of ways to channel unregulated money to organizations like “Swift Boat Veterans for Truth” and “America Coming Together.” In 2016, the Koch network of hundreds of millionaires and billionaires deployed three-quarters of a billion dollars to Americans for Prosperity and other free-market organizations, creating a political-party-like operation rivaling the GOP itself. Although this spending had a powerful effect on the election, it was not legally classified as electoral in nature, so it would not have been touched by restrictions on independent campaign expenditures even had they been in place. Another troubling bottom line is this: limits on contributions to political parties may increase political polarization. SSN Member Ray La Raja finds that imposing limits on contributions to state political parties makes policy more extreme and renders elected officials less responsive to constituents. Because strong political parties have some need to promote broadly popular policies, they may channel money to more moderate electable candidates. In contrast, outside organizations are often more ideological because they are controlled not by elected officials but by activists and donors. www.scholars.org January 2017 Public Financing Solves Few Problems, but Gives Candidates Time Public financing of political campaigns aims to level the playing field – ideally by allowing a wider array of regular citizens to run for office and win, and by allowing candidates, challengers and incumbents alike to spend less time fundraising from wealthy donors and more time in conversations with ordinary constituents. However, data from Maine and Arizona, both of which have had public financing programs in place for nearly 20 years, show very mixed results. Political scientist Michael Miller has found that public financing has changed how some candidates allocate their time, increasing interactions between candidates and constituents. But it remains unclear how, if at all, such increased contact affects policy outcomes. And public funding does not seem to reduce the reelection chances of incumbents. Overall, public financing and the limits that accompany it have produced imbalanced partisan results, because Democrats find this approach more attractive than Republicans. For ideological and practical reasons, GOP candidates are reluctant to accept public financing, while Democrats are more willing to go this route. As a result, in Maine and Arizona, publicly financed Democratic candidates have often been defeated by GOP incumbents who raise money, recruit volunteers, and mobilize conservative organizations. Ironically, like self-financed candidates, publicly financed Democratic candidates may have fewer incentives to develop compelling messages and effective mobilization strategies. Public Financing Does Not Necessarily Help Progressives In the 1990s and 2000s, reformers who advocated new rules for money in politics were mostly progressives. Since then bipartisan groups such as “Represent Us” have also taken the field. Bipartisan reformers should be heartened by evidence that public financing does not appear to differentially help progressives or Democrats compared to conservatives or Republicans. Yet reformers who see limits on money in elections as a way to fight inequality should also take note. For years, left-leaning reformers have argued that campaign reforms can reduce political inequality. Progressives, in particular, believe that their side raises and spends less money for elections than conservatives and business groups, and they presume that such an imbalance in election spending leads to differential policy outcomes. However, every part of this argument is up for debate as evidence accumulates. Progressive money in politics reformers point out that labor unions are often outspent by corporations, that environmentalists are outspent by Big Oil, and so forth. But those who make such claims often lump together lobbying expenditures with election spending. Public financing reforms might address imbalances in election spending, but they do nothing to address disparities in lobbying and insider clout. When government policies are at issue, outcomes are not always based on which side has the most resources. Furthermore, as Henry Brady, Kay Schlozman and Sidney Verba have shown, unequal political inputs take many different forms. Some people have more time for volunteering than others; some organizations employ lobbyists while others do not; and some people and groups have more knowledge about how to intervene effectively. Consequently, limitations on www.scholars.org January 2017 spending for election or public financing of candidates may not solve all of the problems progressives are trying to address – or even address the forces that do the most to promote policies that exacerbate inequalities. The bottom line is that public financing of election campaigns is a reform that could garner growing bipartisan support, but this approach is unlikely to be a game-changer from a progressive point of view. Once again, Arizona and Maine show that Republicans and bipartisan reformers can take heart from the way such reforms have played out. Even with campaign finance reforms in place for two decades, Maine and Arizona progressives have not won clear advantages compared to their counterparts in other New England and Southwest states. Organizations working for economic, racial, or environmental justice do not seem to have gained leverage or achieved clear advantages, and neither have Democrats. More Research is Needed There are clear gaps in research so far. Publicly financed elections have not been connected to policies that reduce economic inequality, and candidates funded with public money have not been shown to be more likely than other candidates to promote policies supported by constituents. The American electorate is becoming more diverse, and studies show that women and minorities frequently lack the financial resources and networks needed to run for office. Public funding programs offer them opportunities to raise funds they otherwise could not. But even though public financing of elections may reduce some of the barriers to running for office, such programs do not clearly increase the likelihood of election victories for female candidates or candidates of color. If public financing is to be touted as a method to reduce economic inequality, diversify elected officeholders, and enhance democratic accountability, further and more sophisticated studies will have to document such results. Moving forward, Seattle will be a key place to study. The city has instituted a first-of-its-kind local election law known as the Democracy Voucher Program, which gives eligible residents four $25 vouchers they can donate to candidates of their choice. Because the new Seattle approach is quite different from previous “Clean Elections” programs that offer lump sums and contribution matching, it could have different effects on campaigns, election results, and policy. However, given that Democrats in Seattle are more likely to accept public financing than Republicans, investigations in conservative jurisdictions will also be crucial. South Dakota, for instance, recently passed a public financing referendum and its effects can be tracked by researchers. Reforms That Work If campaign contribution limits and public financing do not necessarily change government policies or shift balances of power, what kinds of reforms might further such results? Policies that facilitate – or restrict – voting and organizing may be much more consequential than rules affecting flows of money. In the past few years, right-wing GOP state legislatures have enacted many new restrictions on voting and union organizing – because, as conservatives understand, such restrictions do impact electoral outcomes and government functioning. Improving Access to Voting: Older, wealthier Americans are far more likely to vote than young, middle and low-income citizens. Such inequalities figure in all elections, but are worst in www.scholars.org January 2017 midterm and off-cycle elections. Various reforms can mitigate such inequalities by making voter registration and actual voting easier – and by timing elections to maximize broad public interest. Election Day registration has the longest proven track record of reducing class bias in turnout – and reforms like universal vote-by-mail, moving municipal elections to even year elections, and Automatic Voter Registration show tremendous promise. And we know that when more Americans from all backgrounds do vote, government officials respond. SSN members William Franko, Nathan Kelly, and Chris Witko show that states with less “class bias” in voter turnout are more responsive to public desires to reduce income inequality and more likely to support measures like higher minimum wages. Strengthening Organizing: Union membership has been in decline for a generation. This is troubling since there is a tight correlation between robust labor unions and stronger social safety nets. States and cities can use the power of purse to favor unionized firms for contracts and can nurture strong public sector unions as well. Still, in the face of a hostile federal landscape and the rapid spread of right to work laws, new solutions are necessary. The long history of unions and citizen associations active in campaigns to reduce political, economic, and racial inequalities shows the value of investing in nationwide federated membership organizations that collect dues and deliver tangible benefits to their members. Interestingly, in recent decades, the right has been able to rely on large federated organizational networks like the National Rifle Association, Christian right associations, and Americans for Prosperity, even as the left has been hampered by the decline of unions. A Time for Experiments In addition to studying the implementations of new forms of public financing, it is time to experiment with new approaches to reducing political inequality. For example, new models of labor organizing may be possible outside the traditional purview of the National Labor Relations Act. And there may be new ways to recruit leaders. Stanford University’s Adam Bonica suggests a system of civic scholarships, like MacArthur Genius Awards, to give promising leaders from all walks of life the economic wherewithal and specialized knowledge to run for office; and Nick Carnes of Duke University argues for programs to train candidates, especially from working class backgrounds. Finally, Lee Drutman of New America points out that lobbying capacity may be more unequally distributed than campaign money. He suggests providing public lobbying dollars to help grassroots organizations bring citizens to meet with elected officials and develop ongoing reciprocal relationships with policymakers. In addition, much could be done to improve the knowledge base, staff capacity, and research resources available to elected legislators, because research shows that legislators tend to turn to privileged outside interests when they lack staff capacities of their own. Experiments could be done using all of these ideas and findings – and further research on what really works to reduce political inequality could suggest even more new possibilities. Scholars consulted: Tabatha Abu El-Haj, Drexel University Adam Bonica, Stanford University www.scholars.org January 2017 Heath Brown, John Jay College of Criminal Justice, City University of New York Nick Carnes, Duke University Lee Drutman, New America Foundation Alex Hertel-Fernandez, Columbia University Pat Flavin, Baylor University Erika Franklin Fowler, Wesleyan University Joshua Kalla, University of California, Berkeley David Kimball, University of Missouri, St. Louis Ray La Raja, University of Massachusetts, Amherst Adam Levine, Cornell University Michael Miller, Barnard College Paul Pierson, University of California, Berkeley Elizabeth Rigby, George Washington University Shauna Shames, Rutgers University, Camden Dara Strolovitch, Princeton University Ed Walker, University of California Los Angeles Christopher Witko, University of South Carolina www.scholars.org January 2017
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