Governor Proposes Restrictions on Independent Expenditure Groups
Earlier today, at a speech at Fordham Law School, Gov. Cuomo announced two actions “to curb the power of independent expenditure campaigns unleashed by the 2010 Supreme Court case Citizens United vs. Federal Election Commission.”
The Citizens United decision said that the government cannot limit corporate and union electioneering spending, so long as such spending is independent of any candidate or their campaign. Campaign finance reform advocates view the decision as opening the door to a new era of Super PACs and massive amounts of “independent” spending on campaigns. Critics say that super PACs act as “shadow political parties,” and they “accept unlimited donations from billionaires, corporations and unions and use it to buy advertising, most of it negative.”
The Governor’s Counsel has issued an opinion to enforcement entities “offering guidance on existing state law and whether coordination exists between independent expenditure campaigns and the candidates they support.” It is intended to clarify permissible conduct under state law.
In addition, the Governor said that he will propose legislation to address the problem of “quid pro quo” donations and “ensure that independent expenditure groups remain autonomous from the entities they support.” The Governor’s proposal will “strengthen disclosure requirements and mandate that groups report the identity of anyone exerting control over them, as well as any former staffers or immediate family members of a candidate.”
Gov. Cuomo said:
“Our democratic process has changed dramatically recently. Campaigns have become more and more dominated by money. Now, not only must a person have money to compete on the political stage, but if you can’t afford the price of admission, you can’t even get into the audience. Unless you make a significant contribution, your voice is no more than a whisper in the political process.”
It may be a challenge getting the Legislature to approve this bill, given that there are just four legislative session days (after today) remaining in the 2016 session.
In a statement, Senate Majority Leader John Flanagan said:
“Campaign and election reform is a key component of ethics reform. Therefore, we welcome the opportunity to review and discuss the Governor’s proposal as part of our effort to arrive at a comprehensive reform package that rebuilds the public trust, and includes action on issues previously raised by members of the Senate Republican Conference.”
Read news coverage from the New York Times, the Journal News, Politico NY, the Capitol Confidential blog, and the State of Politics blog.