One of the lessons of efforts to eliminate private money in political campaigns is the fact money always finds a way into the system. The usual illustration is that money in politics, as money in the rest of life, is like water headed downhill: place a dam here and the water finds another route.
That basic rule of human behavior was illustrated clearly in the recent Chapel Hill council election, the first to give tax money to candidates. Mark Kleinschmidt was one of two candidates who accepted public financing and his race for mayor against Matt Czajkowski, who did not, was extremely close.
A big loophole
Thus, in the closing days of the campaign it is no surprise that Klenischmidt supporters came to his rescue with money outside the public finance system. It came in the form of a mailing against Czajkowski signed by a mysterious and unregistered group named “CHC PAC.” Former Councilman Cam Hill fessed up after the election. Apparently, the law allows such anonymous and privately financed efforts in the closing days of a publicly financed campaign as long as the spender registers within 10 days–after the vote.
Voters had no way of knowing who was spending the money. A candidate accepting public financing got the benefit of using tax funds plus secret outside support as well. You can read more about it here and here.
And candidates can always count on someone to assist. For example, part of the success of Republicans nationally in the 1980s and 1990s was due to the help they received outside the campaign finance system from socially conservative churches. Politics in the pulpit might raise questions, but fliers on windshields when the flock heads home highlighting candidates approved by the church are difficult to prohibit–and highly effective. Trouble is, that effort goes unreported for the most part.
Free speech is protected
While local law obviously needs to be changed to force timely disclosure of such last-minute efforts, it would be most difficult to outlaw such spending. The U.S. Supreme Court has held repeatedly that using money to exercise free speech in political campaigns is protected by the First Amendment. Free speech, especially political speech, is one of our most basic human rights.
If private money in campaigns cannot be halted, how can it be regulated to ensure public confidence in the system?
Anonymous and secret spending in political campaigns may be the most corrupting behavior of all. But it can be controlled. The current system of campaign finance is based on a very simple concept: Put reasonable limits on contributions, then fully disclose dollars raised and dollars spent. Finally, trust voters to make the decision. Disclosure must be extensive and enforcement must be rigorous, however.
Political candidates are, after all, the company they keep. And it is far easier to count up a candidate’s friends when contributions are allowed and disclosed than when contributions are from tax money.
Chapel Hill voters are not entirely sold on public finance of local elections. A Public Policy Polling survey just before the election showed just 51% in favor of candidates having the public finance option, 31% opposed and 17% unsure. Polling on campaign finance is difficult and highly influenced by how questions are asked and whether there is an attempt in the poll to objectively educate respondents, who for the most part do not fully understand the issue.
Are voters concerned?
Campaign finance is almost never at the top of voter concerns. The issue has much more traction with insiders and the media than it has with voters. Chapel Hill Polling before the election put the council’s approval rating at just 40%, with 49% disapproving and 11% undecided. It is a sure bet that the issue of public finance had little to do with those numbers.
Nor did campaign finance have anything to do with another number: 16.84%. That figure is voter turnout in the recent election. Of 70,143 voters, only 11,814 bothered to cast a vote.
Now there’s a real problem in search of solution. Posted by Leroy Towns