Controversy Over “Coordination” In NYC Elections

There is a controversy brewing in New York City, which will be holding city wide elections in 2013, over a proposal that opponents say would dramatically expand the influence of unions, corporations and advocacy groups in city elections.

Legislation (Int. 0978-2012) was introduced yesterday; it would allow campaigns to coordinate with unions or companies to support candidates among their own members, employees or stockholders without having to count the assistance as a type of political contribution.

The legislation comes in response to an Advisory Opinion issued by the New York City Campaign Finance Board (AO 2012-1) in June which concluded that internal political activities by groups in conjunction unions and corporations are independent expenditures, and thus subject to CFB regulation.

Last Friday, NYC CFB issued a memo criticizing the proposal, entitled “NYC Campaign Finance System under Attack.”  CFB argues that the legislation would “eviscerate” the city’s “common sense limits on campaign funding,” and “would allow unions and corporations to operate above the law—like Super PACs do.”  CFB also noted that “a change of this magnitude has never before been proposed so late in the four-year election cycle.”

Amy Lopreste, Executive Director of the City’s Campaign Finance Board, said that the proposal “would create a huge loophole in the City’s campaign finance system.”

The argument in favor of the bill is rooted in the First Amendment – it is intended to guarantee the ability of unions and other organizations to communicate freely with their members about political matters.

Good government groups have lined up on both sides of the issue – Citizen Action and Common Cause support it, while Citizens Union opposes it.

Read coverage of the issue from the New York Times and the Wall Street Journal.

At this point, it is not clear when the City Council intends to take up this measure.