Tag: FEC

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Accountability media and media people national politics & policies political challengers

Remember the Rigged Election?

FEC, debates, presidential, Commission on Presidential Debates, Lawsuit, libertarian, green

Remember the 2016 presidential election?

You know, the contest that still bedevils us? The one allegedly rigged by the Russians and fake news? The one the outcome of which Michael Moore (and others) suggested, even this week, should be overturned by “the courts” simply by installing Hillary Clinton as president?

Turns out one major element of the election process was rigged: the debates run by the Commission on Presidential Debates.*

At least, U.S. District Judge Tanya Chutkan has ruled** that, “In sum, with respect to Plaintiffs’ allegation that the FEC acted arbitrarily and capriciously and contrary to law when it dismissed their two administrative complaints, this court agrees.…”

The plaintiffs*** are Level the Playing Field (LPF), the Green Party, the Libertarian National Committee, and Dr. Peter Ackerman. They sued the Federal Election Commission because the FEC, as the judge wrote, “stuck its head in the sand and ignored the evidence.” Prior to the lawsuit, LPF and others had filed complaints and asked the FEC to establish fair rules. They were told to go play in — er, far away from — traffic.

“The FEC was the defendant in the case,” explained IVN News, “but the real villain in the story is the Commission on Presidential Debates (CPD), a private organization … dominated by Democratic and Republican party stalwarts.”

Under federal law, the FEC, itself organized along bipartisan lines, is charged with ensuring that the CPD is using “objective” criteria, which doesn’t arbitrarily exclude independent and minor party candidates.

Now, thankfully, the court has ordered the FEC to come back, by April 3, with new thinking on how to ensure fair and open presidential debates.

This is Common Sense. I’m Paul Jacob.

 

* The problems with the presidential debate rules and the CPD itself were covered extensively last year in these four commentaries: “Smash the Duopoly,” “The Media’s Job,” “The Stupidity of 15,” and “The Two-​Product Economic System.”

** Tellingly, there’s been scant news coverage of the court decision except by IVN News, the Independent Voter Network website, and … RT, the Russian government’s TV channel.

*** The case is Level the Playing Field, et al v. Federal Election Commission.

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First Amendment rights ideological culture national politics & policies

Supreme Politics and Sublime Congress

Former FEC commissar Trevor Potter says the Supreme Court “should get more politically savvy.”

Potter really means the High Court should agree with him, and allow incumbents in Congress to write the campaign finance rules under which they — and their opponents — operate, undisturbed by constitutional review.

Last week, the Court heard McCutcheon v. Federal Election Commission, a case concerning Shaun McCutcheon, an Alabama businessman, who wants to give $1,776 dollars to more candidates. He’s limited, because by law he cannot give over $48,600 to all federal candidates combined.

Why? Apparently those who contribute $48,600 or less to candidates they believe in are pure of heart, but that once that forty-​eighth-​thousandth-​six-​hundredth-​and-​first dollar is donated it can only be devoid of any decent intention, an unquestionable attempt to corrupt our government.

Most observers recognize that such an arbitrary limit is constitutionally suspect and likely to be voided. Including Potter, who is already furious that the Roberts Court has restricted congressional legislation dealing with campaign regulation in all five cases it has thus far considered. Potter accuses it of “judicial hubris” and “contempt for legislative authority” and “a surprising lack of respect for Congress’s expertise on political matters.”

How could “a lack of respect” for Congress be “surprising”?

Speaking of “political savvy,” where’s Potter’s?

Potter concludes that the Supremes “should leave politics to the politicians, who have a better sense of when the intersection of fundraising and lawmaking leads to corruption.”

Sure, politicians have a better sense of that corrupt intersection … they’re always there.

This is Common Sense. I’m Paul Jacob.

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national politics & policies too much government

Regulating Protest

How did our founders manage to establish a republic committed to free speech and the rights of the individual without a Federal Election Commission?

Not only did the Sons of Liberty and other patriots lack a functioning FEC to protect them from “big-​money interests,” many of the political communications of the founding era, including works as consequential as The Federalist Papers, were put forth anonymously. Horrors!

Consider organizing like-​minded people during colonial times: No TV, radio, the Internet, smart phones … and sans, too, the Internal Revenue Service, strategically blocking them from creating non-​profit groups that “criticize how the country is run.”

Which brings up the sorry case of Lois G. Lerner, head of the IRS’s exempt organizations division, now mired in the muck of controversy over unequal treatment of non-​profit organizations. She expressed her innocence in the whole affair, but then took the Fifth, refusing to testify.

Ms. Lerner’s now on paid leave. That’ll learn ’er.

I bumped into her back in the 1990s, while I headed U.S. Term Limits and she led the FEC’s enforcement division, which was targeting conservative and libertarian groups. The FEC was never able to prove we did anything wrong, but did cost us plenty of time and money defending against their assault.

What sparked the FEC’s action, then, was incumbent Congressman Mike Synar’s complaint after we informed the people of Oklahoma that Synar opposed term limits. He lost in the Democratic Party primary … to a guy who spent less than $3,000.

Yes, that’s the sort of speech the folks in Washington want to regulate.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights national politics & policies too much government

Congress Moves to Censor the Net?

The Internet is not safe. Congress wants to regulate it. The most recent idea is to sic the Federal Elections Commission on Net freedom.

Recent hearings on something called the DISCLOSE Act disclosed that the act would “extend the FEC’s control over broadcast communications to all ‘covered communications,’ including the blogosphere.” Or so say the Center for Competitive Politics’ Bradley Smith and Jeff Patch, writing on Reason​.com.

It’s hard to imagine a worse idea. No groundswell of citizens demanded this. So of course Congress is considering it.

Would they really try to regulate the blogosphere? 

The lead “reformers” in Congress say all they want to regulate are political ads on the Internet, not bloggers. But, as Smith and Patch note, the actual language of the current bill quite clearly leaves open the blogosphere for regulation. They also doubt the good intentions of the would-​be regulators, explaining how, in the early days of McCain-​Feingold advocacy, “the ‘good government’ crowd … denounced a deregulated Internet as a ‘loophole’ in campaign finance law, a ‘poison pill,’ ‘anti-​reform’” etc.

How can respectable Americans advocate regulation of speech, as if the First Amendment did not exist? It’s as if they are baffled by plain language: “Congress shall make no law … abridging freedom of speech, or of the press.…”

How can they live with themselves? 

For me, it’s a consolation to know that at least censors in Congress can still be thrown out, peacefully, with votes.

This is Common Sense. I’m Paul Jacob.

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ballot access insider corruption political challengers

Independent at the FEC?

Nowhere has President Obama lost more support than among independent voters. So, now Mr. Obama is talking up bipartisanship. But his focus is too narrow. He needs to think more about NONpartisanship — or, perhaps, “transpartisanship.”

Take for instance the Federal Election Commission. The FEC is governed by six commissioners — three Republicans and three Democrats. As Theresa Amato, an attorney and author of Grand Illusion: The Myth of Voter Choice in a Two-​Party Tyranny, wrote recently in the Kansas City Star, “[M]ake no mistake that the FEC is a partisan body.”

Amato — who serves on the board of Citizens in Charge Foundation, this program’s sponsor — explained that the FEC’s partisan make-​up is not caused by “the demands of the law, merely the outcome of a ‘bipartisan’ rather than ‘nonpartisan’ appointment process.”

Amato suggests an easy way to break the partisan gridlock at the FEC and to reach out to the majority of Americans who identify as “independents”: Appoint the first non-​Republican, non-​Democrat as commissioner — someone independent, or a representative of a third party.

Months ago, leaders of IndependentVoting​.org wrote to the president also urging him to shake up the FEC in exactly this manner. 

It’s bad enough for a federal agency to regulate political campaigns and political speech. It’s worse to allow the two major parties to control such an agency. We need more independence — and thus independents. 

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights U.S. Constitution

See: Amendment, First

Will friends of freedom of speech catch a break this time?

Soon the U.S. Supreme Court will have another chance to rule that McCain-​Feingold-​style muzzling of political speech is heinously unconstitutional.

In September, before its regular new term begins, the high court will hear the case of Citizens United versus Federal Election Commission. This involves the standing of two rulings. One is a 1990 ruling banning corporate funding of political campaigns does not violate the First Amendment. A 2003 ruling upholds a ban on corporate speech that even utters the name of a political candidate.

Does the Constitution permit or prohibit stuffing gags in our mouths to prevent us from speaking out of turn? Supporters of Campaign Finance Repression like to say that they’re only regulating the spending of money, not speech. Of course, human beings lack the power to engage in mass long-​range telepathy. The only speech that costs nothing is the kind you utter to somebody sitting next to you in the room. Would the regulators claim that limiting the money newspapers can spend on printing presses or websites leaves them with unencumbered “freedom of speech”?

The First Amendment is explicit. “Congress shall make no law … abridging the freedom of speech, or of the press.” You make a law abridging the means of speaking, and you are abridging freedom of speech.

This is Common Sense. I’m Paul Jacob.