Understanding Money in Politics: Key Court Decisions and Strategies

Money in Politics 101 Back to School Webinar A BRIEF OVERVIEW OF MONEY IN POLITICS REFORMS

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Review of National and Long Term Strategies PART 1

Key Court Decisions 1976: Buckley v Valeo Money in elections is a form of free speech and corruption (or the appearance of corruption) is the only acceptable basis for intruding on that right. It also distinguished between contributions to candidates, which could be corrupting, and so-called independent expenditures, which it said could not.

Key Court Decisions 2010: Citizens United vs FEC Big corporations and unions have a First Amendment right to spend unlimited amounts on independent expenditures and to finance electioneering communications. The decision did not affect the prohibition on donations by corporations and unions to federal candidates.

Key Court Decisions 2010: SpeechNow vs FEC Struck down limits to independent expenditure committees and thus allowed for creation of Super Pacs

Key Court Decisions 2014: McCutcheon vs FEC Struck down aggregate limit on amount an individual can give to all federal candidates, parties and political action committees combined

3 Pillars Long and Short Term Strategies Policies Movements & the states

FightBigMoneys Sponsors Brennan Center for Justice Common Cause Democracy 21 Democracy Matters Demos Every Voice Free Speech for People Issue One People for the American Way Public Citizen Represent.Us U.S. PIRG

FightBigMoneys Agenda Policies Messaging Contribution Limits Small Donor Public Funding Disclosure and transparency Overturn Citizens United End SuperPACs Make FEC More Effective Everyone Participates Everyone s Voice is Heard Everyone Knows who is Trying to Influence our Views and Legislation Everyone Plays by Fair, Common Sense Rules Everyone is Held Accountable With Enforceable Penalties

Communications and Media ReThink Media: Piper Fund s MIP & Fair Courts Communications Collaborative Message guide

Presidential Election Work First Debate Democracy Common Cause Scorecard for members of Congress Candidate Tracking

Administrative Rulings for Transparency and Disclosure Executive Order Security and Exchange Commission Shareholder Resolution Vanguard Federal Election Commission

Court-Centered Strategy Provide future justices who are open to new frameworks with coherent, ready-to-use alternatives Strategic litigation that employs these new theories and helps transform the law Collaboration with allies in the legal and money in politics communities to broaden the voices Raise the profile of money in politics as one of the key issues nominees to the Supreme Court and lower courts may be called upon to address

Data and Research MapLight Follow the Money.org OpenSecrets Center for Media and Democracy Institute for Southern Studies

Movement Building and the States PART 2

Success Stories: Small Donor Public Financing + State Ballot Work MAINE: in 2015, restored and updated original law, 62% ran on it in past election cycle SEATTLE: in 2015, passed a voucher system MONTGOMERY COUNTY, MD: in 2014, passed public financing CHICAGO: in 2015 advisory ballot question plus an ordinance based on the NYC model CALIFORNIA: in 2016, legislature passed a bill lifting the ban on small-donor public financing for non-charter cities

Coming up on the Ballot This Fall WASHINGTON STATE: one ballot to support overturn Citizens United and the other is pushing a slate of reforms SOUTH DAKOTA: transparency and other reforms HOWARD COUNTY: build on 2014 win and create "Citizens' Election Fund" Accountable Miami-Dade, New Florida Majority and Every Voice and SEIU are leading efforts to pass reforms in Miami-Diade county and have faced significant opposition MUNICIPAL: Berkley, Portland, and a legislative effort in Washington, DC; AK, AZ, ID: efforts were attempted but fell short; assessments are under way Future campaigns include: Missouri, Oregon, and municipal efforts in CA

Fair Courts 38 states conduct judicial elections Groups are working on passing reforms to ensure that these branches stay clear of undue special influence from campaigns and fundraising Reforms include disclosure, recusal reform, public financing and merit selection West Virginia and New Mexico currently have judicial public financing In 2004, NC passed the nations first system of judicial public financing; repealed in 2013, along with WI Kansas is considered one of the battlegrounds for fair courts Brennan Center is actively researching new judicial selection models to be released in 2017

New Constituencies: A few Examples HedgeClippers Democracy Initiative Demos Inclusive Democracy Project Take Back our Republic Democracy Spring & Democracy Issue One Awakening Wellstone Action

Constitutional Amendment + Convention Constitutional Amendment of the states and then 2/3 of Congress 700 cities and towns plus 17 states Constitutional Convention 28 states on record / 34 needed to call for it and 38 to ratify should it happen Most major MIP groups oppose this strategy

Resources Money in Politics Field Scan Foundation Funding for US Democracy Database Helpful materials from past FCCP conference Campaign Legal Center & IssueOne Blue Prints for Democracy Piper Fund Report: A New Way Forward Common Cause Activist Toolkit Who leads Us Environmental Grantmakers Money in Politics Toolkit

Thank you! For more information, to ask more questions about anything in this power point or to learn more about FCCP s Money in Politics Working Group, please contact: Alexandra Russell arussell@funderscommittee.org 617.818.7909