Possible Ballot Proposal:
Charter Revision Commission’s Proposal on Campaign Finance Reform
Will this Proposal Appear on
the Ballot?
A lawsuit has been filed in New York State Supreme Court to determine whether
this proposal will appear on the ballot. Updated information will be posted
here as it is available.
Remember, it is always a good idea to check the sample
ballot at your polling place.
Decision:
On October 6, 1998, State Supreme Court Justice Douglas E. McKeon issued a
decision that would have removed the Charter Revision Commission proposal on
campaign finance reform from the ballot and, instead, placed the City Council’s
referendum on Yankee Stadium on the ballot. On October 16, an appeals court
reversed Justice McKeon’s decision, so that the Charter Revision Commission
proposal on campaign finance reform will appear on the ballot and the City
Council referendum on Yankee Stadium will not. On October 20, the New York
Court of Appeals dismissed the City Council’s appeal.
Thus, it now appears that the Charter Revision Commission
proposal on campaign finance reform will be on the ballot and the City Council
referendum on Yankee Stadium will not. If there are any further developments,
updated information will be posted here as it becomes available.
INTRODUCTION
Charter Revision Commission’s Proposal on Campaign Finance Reform
The New York City Charter sets the ground rules of
City government. It describes which individuals and agencies have what powers
and what they can do with these powers. The Mayor is authorized to appoint
a Charter Revision Commission that can review the City Charter and place
proposals for revision of the Charter on the ballot for consideration by
the voters. On June 5, 1998, Mayor Giuliani appointed a twelve-member Commission.
The Commission held public meetings and hearings in July and August.
The Commission considered a number of proposals in
different areas of City government, but ultimately decided to focus just
on campaign finance reform. By unanimous vote, the Commission proposed changes
in the Charter provisions governing the Campaign Finance Program in New York
City. These changes will become law only if the Commission proposal is approved
by the voters. Depending on the result of ongoing lawsuits, it is possible
that the Commission’s proposal may be omitted from the ballot entirely.
In 1988, the New York City Campaign Finance Act was
adopted, providing for a voluntary Campaign
Finance Program (“Program”) covering the offices of Mayor,
Public Advocate, Comptroller, Borough President, and City Council member.
The Act established the Campaign
Finance Board (“CFB” or “Board”) to administer this
new program. The New York City Charter was amended that same year to include
the CFB in the Charter and to require it to publish the Voter Guide. The
current system requires participating campaigns to abide by contribution
and spending limits and to meet other qualifications set by law in return
for which these campaigns may receive public funds. The public funds are
given to candidates on the basis of a formula that matches the contributions
they receive from individual New York City residents.
The Charter Revision Commission has proposed four
Charter changes that, if they appear on the ballot, will all be included
as part of one question. If the majority of voters votes “Yes,” all
these Charter changes will become law. If the majority of voters votes “No,” none
of these Charter changes will become law. Each change is summarized below.
The first change prohibits candidates who run for
municipal office (Mayor, Public Advocate, Comptroller, Borough President,
or City Council member), and who participate in the Campaign Finance
Program, from taking contributions from corporations.
The second change has two parts. First, it requires
the CFB to issue regulations requiring candidates who participate in the
Campaign Finance Program to disclose which of their contributors “do
business” with New York City government. The change directs the CFB
to define “doing business with the City” and requires it to adopt
rules to regulate these contributions further if the CFB deems this necessary.
The second part requires the CFB to pass rules that would apply to candidates
in the Program to cover “soft money” (in other words, spending
by political parties, individuals, and other organizations in support of
candidates).
The third change deals with the process of budgeting
for the CFB and the New York City Voter Guide. Currently, the CFB, like every
other City agency, estimates its expenses for its operations, including the
production of the Voter Guide, and submits the estimate to the Mayor’s Office
of Management and Budget (“OMB”). OMB may or may not accept the
CFB’s estimate when it prepares the executive budget. Under the proposed
amendment, the CFB’s estimate of its budget would be required to be included
in the Mayor’s executive budget without change. The Mayor could include in
the executive budget a comment on the amount included for the CFB. The budget
process would proceed after this point in the usual fashion, and the CFB
budget could be increased or decreased as the Mayor and the City Council
decide on a final adopted budget. Regarding the budget for the Voter Guide
specifically, OMB would be required to set aside a reasonable amount of money
to publish the Voter Guide if the CFB believes it has insufficient funds
to produce the Guide.
The fourth change relates to appointments to the CFB.
Under current law, Board members are appointed for five-year terms and cannot
be removed by the appointing authority. Two members (from different political
parties) are appointed by the Mayor and two (also from different political
parties) are appointed by the City Council Speaker. The Chair is appointed
by the Mayor in consultation with the Speaker.
Currently, when a member’s term expires and no replacement
has been named, the member may by law remain on the Board indefinitely as
a “holdover,” so that he or she continues to serve without having
a fixed term. Under the Commission’s proposal, if the Mayor or the Speaker
does not replace or re-appoint the holdover Board member within 120 days,
he or she would automatically be re-appointed for the remainder of the five-year
term. In election years, the holdover Board member would automatically be
re-appointed if no replacement is named within 90 days.
When a vacancy occurs, such as when a member’s term
expires and he or she declines to remain as a holdover member, there is currently
no requirement that the Mayor or the Speaker fill the vacancy with a new
Board member within any particular time. Under the Commission’s proposal,
if the Mayor or the Speaker fails to appoint a new Board member within 180
days, the Board itself would have the power to appoint a new member. In an
election year, the 180-day period would be reduced to 90 days.
If you believe the Charter chapter on campaign
finance should be changed as described, you should vote “yes” on
this proposal. If you believe the Charter chapter on campaign finance should
remain as is, you should vote “no” on this proposal.
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OFFICIAL TEXT
Charter Revision Commission’s Proposal on Campaign Finance Reform
At press time, the official language to be placed
on the ballot (in the event this proposal does appear on the ballot) is
as follows:
Shall the changes related to the voluntary campaign
finance system, including (1) prohibiting corporate contributions, (2) requiring
disclosure and regulation of contributions by those doing business with the
City of New York and regulation of indirect campaign expenditures, (3) establishing
a special budget process for the Campaign Finance Board, and (4) establishing
a procedure for filling vacancies on the Campaign Finance Board, proposed
as amendments to Chapter 46 of the City Charter, be adopted?
Please refer to page 59 of the hard copy of the
Voter Guide for the full text of the new law that would result from approval
of this question.
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OFFICIAL SUMMARY
Charter Revision Commission’s Proposal on Campaign Finance Reform
At press time, the official summary of this possible
ballot proposal is as follows:
The proposed amendments, described below in the order
in which they would appear in the Charter, would revise the Charter of the
City of New York, in relation to the City’s voluntary campaign finance system
run by the Campaign Finance Board (“Board”), to take effect January
1, 1999. The amendments would provide additional restrictions on the types
of contributions received by candidates participating in the City’s campaign
finance system by barring corporate contributions and allowing the Board
to further regulate or prohibit indirect contributions and contributions
from those doing business with the City. The amendments would also require
disclosure of additional information regarding contributors doing business
with the City, give the Board additional powers over its own budget and enhance
the mechanisms in place to ensure the Board’s independence.
Board members are appointed for terms of five years;
two members are appointed by the Mayor, two members are appointed by the
Speaker of the Council and the Chairperson is appointed by the Mayor after
consultation with the Speaker. The proposal provides that if after the expiration
of a period of time, the Mayor or the Speaker does not appoint a new member
upon the expiration of a member’s term, the member whose term has expired
would automatically be re-appointed for a new term. If after the expiration
of a period of time, the Mayor or the Speaker does not appoint a new member
to fill a vacancy, the Board would appoint a new member.
The proposal provides that the Board require participating
candidates to disclose the acceptance of campaign contributions from individuals
and entities doing business with the City, and that the Board make such disclosures
available to the public. The Board would be authorized to promulgate rules
to further regulate the acceptance of such contributions. The Board would
also be empowered to promulgate rules to attribute campaign expenditures
that indirectly benefit participating candidates as “in-kind” contributions.
The Board would be required to publish rules on such matters by December
31, 1999 and adopt final rules thereafter. Such final rules would supersede
inconsistent provisions of the Administrative Code then in effect.
The proposal provides that, notwithstanding any other
provisions of law, the Board would prohibit participating candidates from
accepting campaign contributions from corporations and would promulgate rules
relating to such prohibition.
Currently, the Board is required to publish and distribute
a voters guide in years in which there are contested elections for municipal
offices or ballot referenda. The proposal provides that, where the Board
determines that funding for the voters guide is insufficient, the Director
of the Office of Management and Budget must transfer, without an appropriation,
a reasonable amount as the Director determines to cover the cost of the voters
guide.
The proposal would modify the Board’s budget process.
The Board’s expense budget estimates would be included, without alteration,
in the Mayor’s executive budget, following which, the Board’s budget would
be adopted pursuant to Charter provisions governing the operating budget
of the City Council, which allows for Mayoral veto and Council override.
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PRO AND CON ARGUMENTS PREPARED BY
THE CAMPAIGN FINANCE BOARD
Charter Revision Commission’s Proposal on Campaign Finance Reform
|
PRO |
CON |
The Charter revision process was open and thorough. |
The Charter revision process was inadequate and failed to allow
for meaningful public participation. |
The Charter is New York City’s constitution,
and it should be amended when an important change in the way City government
operates is needed and the City Council is unlikely to act through the
legislative process. These campaign finance issues are important and
are not likely to be addressed through the legislative process.
The Commission includes highly-qualified civic
leaders, including members of minority groups, and the substantive
proposals of the Commission will be beneficial to all voters, including
minorities.
The referendum must appear on the ballot this
year to allow the Campaign Finance Board (“CFB” or “Board”)
enough lead time to implement changes before the 2001 elections.
Some campaigns are already fundraising.
The Commission gathered information and comments
from the public in widely-publicized public hearings in each of the
five boroughs and through written testimony in the months of July
and August, 1998. It also received testimony from experts in the
campaign finance field. |
The Charter is New York City’s constitution,
and it should only be amended when a pressing and important need arises.
It should not be amended for political reasons. The proposals are being
made only to meet the general election deadline to pre-empt a Yankee
Stadium referendum. The City Council has adequately addressed needed
changes in the campaign finance law through recent legislation.
The Commission membership does not reflect
the diversity of the City and is dominated by individuals close to
the Mayor.
The Commission was convened in June 1998,
which did not give the Commissioners enough time to consider the
impact of their proposals thoroughly.
The short time the Commission had did not
allow for adequate public input. Most public hearings were held around
the July 4th weekend. |
Banning corporate contributions will protect candidates against
undue influence from special interests. |
The proposed ban on corporate contributions may undermine the effectiveness
of the Campaign Finance Program. |
Corporations participate in the political process
to advance their own business interests. Since they have the ability
to amass large amounts of wealth they have an unfair advantage in the
political process. Banning corporate contributions will eliminate the
perception and/or reality that elected officials are beholden to corporate
interests. Although the Mayor, the Speaker, and the Public Advocate all
urged a total ban on corporate contributions for Program participants,
the Council did not pass one, but only agreed to provide additional matching
funds to candidates who agreed not to take corporate contributions. |
The City Council has already passed legislation
that will provide increased public matching funds to candidates who join
the City’s voluntary Campaign Finance Program and also agree not to accept
corporate contributions. This legislation could be threatened if the
ban on corporate contributions passes. The proposed ban would only apply
to candidates who choose to join the Campaign Finance Program. Some candidates
will choose not to join the Program so that they can remain free to collect
corporate contributions, which would undermine the effectiveness of the
Program. Corporate interests could find other ways to exert influence
in any event, such as through PAC’s. |
Disclosing and restricting campaign contributions by those who
do business with the City will protect candidates against undue influence
from special interests. |
Disclosing and restricting contributions by those who do business
with the City--particularly when applied only to candidates in the
Campaign Finance Program--is an ineffective way of addressing undue
influence on government officials. |
Contributions to candidates by those who do business
with the City create the greatest potential for undue influence over
elected officials. Requiring candidates who participate in the Campaign
Finance Program to disclose their donors who do business with the City
will allow members of the public to decide for themselves whether a candidate
relies too heavily on such contributions. Disclosure will allow greater
study of the issue and lead to further necessary regulation of these
contributions. |
It is impossible to define “doing business
with the City” in a fair or workable way. However it is defined,
this kind of provision should not apply only to Campaign Finance Program
participants. Strengthening the Campaign Finance Program by lowering
contribution limits and increasing the amount of public funding of campaigns
are the best ways to reduce the appearance and/or reality of undue influence.
The legislation passed by the City Council does both. |
The “soft money” loophole must be closed. |
The New York City Charter cannot effectively close the “soft
money” loophole. |
“Soft money” poses a danger to the
effectiveness of the Campaign Finance Program. It allows political parties
and other independent groups to solicit contributions that are outside
the jurisdiction of the Campaign Finance Board and then spend unlimited
amounts on behalf of candidates. This proposal empowers the Campaign
Finance Board to issue regulations that will minimize the influence of
soft money on City elections. |
This proposal does not minimize the effect of
soft money on City elections. It only authorizes the Campaign Finance
Board to review the issue and to develop regulations. The Campaign Finance
Board already has rules in effect that go as far as they can, and the
only way to address remaining problems is by changing State law. |
The provisions allowing the CFB to pass regulations overriding
existing City laws are necessary to address politically sensitive
areas. |
It is not appropriate for an unelected Board to be given the power
to override laws passed by elected representatives. |
This is a necessary protection from political
pressures that prevent the Council from restricting “soft money” and
campaign contributions from persons or entities doing business with the
City. The City Council could nonetheless always override a misguided
Campaign Finance Board regulation through the normal legislative process. |
The proposal is inappropriate because it would
allow Campaign Finance Board rules regulating “soft money” and
contributions from persons doing business with the City to supersede
existing local laws adopted by the City Council, the popularly elected
legislature which has enacted a comprehensive set of campaign finance
reforms. |
The proposal to amend the appointment process will protect the
Board’s independence and operations. |
The proposal to change the appointment process inappropriately
transfers power from elected to appointed officials. |
Board members who serve beyond their terms without
being re-appointed can be terminated at any time. This can leave an appointee
vulnerable to political pressure from the appointing authority (either
the Mayor or the City Council Speaker). Prolonged vacancies on the five-member
Board, which have been a continuing occurrence over the ten-year history
of the Board, can undermine the effective administration of the Campaign
Finance Program. |
This proposal puts too much pressure on elected
officials to make important appointments in a specified amount of time.
Appointments should remain in the discretion of elected officials. |
Protection of the Board’s budget is necessary for the Board’s independence
and effectiveness and to ensure timely production of the Voter Guide. |
The proposal is inadequate to protect the Board’s independence
and ensure timely production of the Voter Guide; the CFB should not
be treated differently. |
Unlike other City agencies, the CFB regulates
the campaign activities of the very officials who determine the CFB’s
budget. Political pressure can be exerted on the CFB through the process
of adoption of its budget and the budget for the Voter Guide. An inadequate
budget can also undermine the Board’s effectiveness. The proposal insulates
the CFB from political pressure and ensures its effectiveness by requiring
the Mayor to include the CFB’s own stated needs in the executive budget
without revision. |
The proposal does not adequately insulate the
Board from political pressure because the CFB’s budget must still go
through the usual budget process, and the Mayor can comment negatively
on the CFB’s budget estimate even at the Executive Budget stage.
The CFB should not be treated differently
from any other City agency with respect to its budget, and should
not bypass the legislative process by allowing the Office of Management
and Budget to provide unappropriated funds for the Voter Guide. |
|
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PRO AND CON STATEMENTS RECEIVED FROM
THE PUBLIC
Charter Revision Commission’s Proposal on Campaign Finance Reform
PRO
|
CON
|
Charter Revision Commission
Peter J. Powers, Chair
Michael J. Abel
Council Member, 19th District
Herman Badillo
Manhattan, NY
Stephen J. Fiala
Council Member, 51st District
Rudolph W. Giuliani
Mayor of the City of New York
Martin J. Golden
Council Member, 43rd District
Randy M. Mastro
Manhattan, NY
Thomas V. Ognibene
Council Member, 30th District
Alfonso C. Stabile
Council Member, 32nd District
Priscilla A. Wooten
Council Member, 42nd District |
Peter F. Vallone
Speaker of the New York City Council
Ann Eagan
Queens, NY
C. Virginia Fields
Manhattan Borough President
Charles Juntikka
Manhattan, NY
Ruth Messinger
Manhattan, NY
A. Gifford Miller
Council Member, 5th District
New York Public Interest
Research Group, Inc.
Gene Russianoff, Senior Attorney |
STATEMENTS FROM THE PUBLIC — PRO
Charter Revision Commission’s Proposal on Campaign Finance Reform
CHARTER REVISION COMMISSION
Peter J. Powers, Chair
New York City’s voluntary campaign finance system
has had a positive impact on the City’s political system, but campaign finance
reform can be strengthened. Passage of the proposed charter amendments will
solve four serious problems with the current system.
Banning Corporate Contributions. Candidates
who participate in the campaign finance system will be prohibited from
accepting contributions from corporations. Corporations should have no
role financing City elections. The Charter ban will end the possibility
that elected officials are beholden to corporate interests because they
rely on corporations to finance their campaigns.
Disclosing and Regulating Contributions by Those
Doing Business with New York City. Currently, contributions by those
who do business with the City are completely unregulated. The Charter
amendments would require candidates to disclose which of their campaign
contributors do business with the City, and the Campaign Finance Board
would be required to release this information to the public. In addition,
the Campaign Finance Board will have the authority to regulate, including
prohibiting entirely, campaign donations by persons doing business with
the City. With this amendment the Board will have the power to rid the
system of campaign funds given by donors hoping to buy City business.
Regulating “Soft Money.” The Board
will have the authority to regulate “soft money” contributions,
that is, indirect contributions to a candidate. Lack of control over “soft
money” creates a loophole that undermines the effectiveness of the
campaign finance system.
Ensuring the Independence of the Campaign Finance
Board. The proposal would establish procedures for filling vacancies
on the Board and would establish a special budget process to protect
the Board’s funds. Both of these changes are essential to insulate the
Board from political pressure.
Overall, approval of these Charter amendments will
lead to fairer elections, a strengthened campaign finance system and greater
public confidence in the electoral process.
MICHAEL J. ABEL
Council Member, 19th District
One of the most crucial issues for any citizen is
campaign finance reform. New York City has been a forerunner in the implementation
of stricter campaign regulations that enable a fairer, more competitive election
process. New York City’s campaign finance program allows individuals to run
for office based on ability and character as opposed to wealth. As a candidate
who participated in the campaign finance program in my initial election and
in my re-election campaigns, I continue to support these restrictions for
the benefits they provide to candidates seeking to oppose incumbents, to
incumbents such as myself, and most especially to the voters.
However, despite the strictness of the regulations,
there are weaknesses that compromise the intended goal of providing a fairer,
more competitive election process. The 1998 Charter Revision Commission identified
these weaknesses and proposed ways to close these loopholes by banning corporate
contributions, regulating indirect contributions to candidates, disclosing
and regulating contributions by those doing business with the city, and by
ensuring the independence of the Campaign Finance Board. These changes will
not only benefit those who seek to run for office but also each and every
voter.
Campaign finance is about fairness and integrity in
the election process, which goes to the very heart of the principles on which
our great nation is based. People have a right to run for office without
financial impediment or prejudice and people deserve the right to have a
choice to vote for those who will represent them on the basis of ability
and character, not on the size of their campaign coffers. I hope that the
voters this Election Day will consider these amendments for what they are--a
tool that ensures the principles of fairness and integrity in the election
process. When fairness and integrity are maintained and promoted, every citizen
in our nation wins.
HERMAN BADILLO
Manhattan, NY
The New York City Charter Revision Commission has
developed sensible and worthwhile campaign finance reform proposals that
deserve public support and approval. The proposed Charter amendments would
close a number of loopholes that continue to plague the existing campaign
finance system. Specifically, the new provisions would do three things that
are of particular importance.
First, the proposal would ban, outright, corporate
contributions. Corporate contributions reduce confidence in the electoral
system because many people believe that corporations can essentially “buy” elections
for candidates that are willing to do their bidding.
Second, the amendments will place restraints on campaign
contributions by people or entities doing business with the City. Candidates
will be required to identify those contributors doing business with the City,
and the Campaign Finance Board will be empowered to regulate and even prohibit
these contributions. Again, these types of contributions are particularly
insidious because they leave voters with the impression that money can be
equated with electoral power.
Finally, the proposal would regulate “soft money” or
indirect contributions. In the current system, large sums of unregulated “soft
money” can be spent promoting a candidate, and yet this money does not
qualify as an “official” contribution. This type of indirect assistance
gives some candidates an unfair advantage.
All three of these changes are important to me because
they would solve problems that I, and other candidates, have faced when running
for election. Having run for Congress, Mayor, Comptroller and Borough President,
I know that those of us who don’t come from wealthy communities are at a
distinct disadvantage when we run for elective office. The goal of the original
campaign finance legislation was to replace all candidates on equal footing,
regardless of their background or access to wealthy donors. Unfortunately,
the early promise of campaign finance reform has not been fully realized.
We want to encourage the best people in the City to
run for public office, and we want to ensure that good candidates have that
opportunity regardless of their access to money. These proposals will help
us achieve that goal.
STEPHEN J. FIALA
Council Member, 51st District
The passage of the proposed charter amendments will
improve New York City’s overall campaign finance program. In an attempt to
level the playing field for all candidates regardless of net worth, political
affiliation, and access to corporate donations, the Charter Revision Commission
has seen the faults in the campaign finance system and recommends many important
changes.
Approval of these amendments will tackle the loopholes
that currently exist by:
- Putting an end to Corporate Contributions
- Regulating “Soft Money” Contributions
- Improve Disclosure and Regulate Contributions by
those Doing Business with the City of New York
- Ensure the Independence of the Campaign Finance
Board
These measures will go a long way in ensuring that
our elections are fair for all who want to represent the people of our great
City and an important step forward in our continual pursuit to bring about
meaningful campaign finance reform.
RUDOLPH W. GIULIANI
Mayor of the City of New York
The proposal before you will greatly improve the current
campaign finance system. Approval of this proposal will make the electoral
system fairer and cleaner and it will enhance the public’s confidence in
their elected officials.
The Charter Revision Commission I appointed to strengthen
the City Charter is recommending this proposal. It will make changes in a
number of areas: it will require disclosure and regulation of contributions
by those doing business with the City; it will regulate “soft money”;
and it will ensure the independence of the Campaign Finance Board. Another
important change would be the prohibition of corporate contributions. Candidates
for city public office would no longer be able to accept campaign contributions
from corporations.
In the 1997 election, almost a third of the money
raised by candidates participating in the campaign finance program was contributed
by corporations. Corporate contributions create the appearance that entities
that are economically powerful have a greater ability to influence government
decision-making.
The proposal before the voters will help to insulate
campaigns and elected officials from the undue influence of special interest
money, enhance the voters’ right to a meaningful voice in elections, and
preserve the integrity and autonomy of those elected to serve the residents
of New York City.
MARTIN J. GOLDEN
Council Member, 43rd District
Having been a participant in the voluntary public
finance program administered by the Campaign Finance Board, I can attest
to the importance of this program in reducing the influence of “big
money” on politics. It has given many candidates, including myself,
the opportunity to run for office without relying on wealthy contributors
or my own financial resources.
However, after four election cycles it is clear that
some “fine tuning” of the program is necessary. The proposed charter
amendments go further in leveling the playing field. Banning corporate contributions
and disclosure and regulation of contributions from those who do business
with the city will reduce the public perception that large corporations have
an undue influence on the political process.
Giving the Campaign Finance Board the power to regulate “soft
money” closes a major loophole in the existing law. We are all aware
of the soft money abuses that have been discovered in federal elections.
Soft money has the potential to undermine the campaign finance reforms that
were implemented 10 years ago. The Campaign Finance Board must have the ability
to insure the integrity of the program.
Finally, there is a need to insure the Campaign Finance
Board’s independence. A procedure for filling vacancies and creating a special
budget process for the Board will insure the independence of the Board. No
one should ever question the Board’s integrity. These procedures will further
insulate the Board from both real and perceived political pressure.
For the reasons outlined above, I urge a yes vote
on the Charter Amendment.
RANDY M. MASTRO
Manhattan, NY
Passage of the proposed charter amendments will improve
New York City’s voluntary campaign finance system. The current system, run
by the Campaign Finance Board, promotes a number of important goals. First,
the system levels the playing field and ensures that candidates who are not
wealthy can run for office, by providing public matching funds and capping
campaign spending. Second, the system limits the influence of large donors
over government decision-making by restricting the amount of money that a
candidate can receive from any one donor.
Although the current system has worked so far, a number
of serious problems remain. Approval of these amendments would resolve these
problems in four ways:
Ban Corporate Contributions. Candidates who
participate in the campaign finance system will be prohibited from accepting
contributions from corporations. This will help to eliminate the perception
and the real possibility that elected officials are beholden to corporate
interests because they rely on corporations to finance their campaigns.
Regulate “Soft Money.” The Board
will have greater authority to regulate “soft money” contributions,
that is, indirect contributions to a candidate. Currently, only money given
directly to candidates and spent directly by campaigns is regulated. The
lack of control over this “soft money” creates a loophole that
undermines the effectiveness of the City’s campaign finance system.
Disclose and Regulate Contributions by Those
Doing Business with New York City. Currently there is no way to know
whether a campaign contributor does business with the City. This information
is important, because campaign contributions by those who do business
with the City may be made or may be perceived to be made to influence
elected officials. The charter amendment would require the Board to collect
this information and release it to the public. The Board would also have
the authority to regulate these contributions. These regulations could
include an absolute prohibition on accepting campaign contributions from
those who do business with the City.
Ensure the Independence of the Campaign Finance
Board. The proposal would establish new procedures for filling vacancies
on the Board in a non-partisan manner and protect the Board’s funds.
In sum, approval of these amendments will lead to
fairer elections and improved public confidence in the electoral process.
THOMAS V. OGNIBENE
Council Member, 30th District
I wish to submit this statement in support of passage
of the proposed charter amendments concerning New York City’s voluntary campaign
finance system. Approval of the charter amendments will make New York City’s
campaign finance system a model for the entire nation.
First, candidates who participate in the campaign
finance system will be prohibited from accepting corporate contributions.
This will help to eliminate the perception that elected officials are beholden
to corporate interests because they rely on corporations to finance their
campaigns.
Second, the Campaign Finance Board (“Board”)
will have the authority to regulate so-called “soft money” contributions,
that is indirect contributions to a candidate. Currently, only money given
directly to a candidate and spent directly by his or her campaign is regulated.
The lack of control over this “soft money” creates a loophole that
undermines the effectiveness of the campaign finance system.
Third, unlike the current system, the amendments would
require the disclosure of contributors doing business with New York City,
and would also regulate their contributions. This information is vital, because
campaign contributions from those who do business with the city may be perceived
as having a disproportionate effect on the decision making of elected officials.
The charter amendment would require the Board to collect this information
and release it to the general public. The board would also have the authority
to prohibit the acceptance of campaign contributions from anyone doing business
with the City.
Finally, the proposal would ensure the independence
of the Board by establishing procedures for filling Board vacancies, and
would also create a special budget process in order to protect the Board’s
budget. Both of these changes are essential to sustaining the Board’s credibility
with voters and candidates, and to insulate the Board from political pressure.
I urge all that are interested in clean, fair and
open process to support these amendments.
ALFONSO C. STABILE
Council Member, 32nd District
Passage of the proposed charter amendments will improve
New York City’s voluntary campaign finance system.
Although the current system has worked so far, a number
of serious problems remain. Approval of the charter amendments would resolve
these problems in four ways:
Ban Corporate Contributions. Candidates who
participate in the campaign finance system will be prohibited from accepting
contributions from corporations. This will help to eliminate the perception
and real possibility that elected officials are beholden to corporate interests
because they rely on corporations to finance their campaigns.
Regulate “Soft Money.” The Board
will have the authority to regulate “soft money” contributions,
that is, indirect contributions to a candidate. Currently, only money given
directly to candidates and spent directly by campaigns is regulated. The
lack of control over the “soft money” creates a loophole that
undermines the effectiveness of the campaign finance system.
Disclose and Regulate Contributions by Those
Doing Business with New York City. Currently, there is no way to
know whether a campaign contributor does business with the City. This
information is important, because campaign contributions by those who
do business with the City may be made or may be perceived to be made
to influence elected officials. The charter amendment would require the
Board to collect this information and release it to the public. The board
would also have the authority to prohibit the acceptance of campaign
contributions from those who do business with the City.
Ensure the Independence of the Campaign Finance
Board. The proposal would establish procedures for filling vacancies
on the Board and would establish a special budget process to protect
the Board’s funds. Both of these changes are essential to sustain the
Board’s credibility with voters and candidates, and to insulate the Board
from political pressure.
Overall approval of these amendments will lead to
favor elections and improved public confidence in the electoral process.
PRISCILLA A. WOOTEN
Council Member, 42nd District
I wish to submit this statement in support of passage
of the proposed charter amendments concerning New York City’s voluntary campaign
finance system. Approval of the charter amendments will make New York City’s
campaign finance system a model for the entire nation.
Under the charter amendments, candidates who participate
in the campaign finance system will be prohibited from accepting corporate
contributions. This will help to eliminate the perception that elected officials
are beholden to corporate interest because they rely on operations to finance
their campaigns.
Second, the Campaign Finance Board (“Board”)
will have the authority to regulate so-called “soft money” contributions,
that is, indirect contributions to a candidate. Currently, only money given
directly to a candidate and spent directly by his or her campaign is regulated.
The lack of control over this “soft money” creates a loophole that
undermines the effectiveness of the campaign finance system.
Third, the amendments would require the disclosure
of contributors doing business with New York City, and would also regulate
their contributions. This information is vital, because campaign contributions
from those who do business with the city may be perceived as having a disproportionate
effect on the decision making of elected officials. The charter amendment
would require the Board to collect this information and release it to the
general public. The Board would also have the authority to prohibit the acceptance
of campaign contributions from anyone doing business with the city.
Finally, the proposal would ensure the independence
of the board by establishing procedures for filling Board vacancies, and
would also create a special budget process in order to protect the Board’s
budget. Both of these changes are essential to sustaining the Board’s credibility
with voters and candidates, and to insulate the Board from political pressure.
I urge all that are interested in a fair and open
process to support these amendments.
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STATEMENTS FROM THE PUBLIC — CON
Charter Revision Commission’s Proposal on Campaign Finance Reform
PETER F. VALLONE
Speaker of the New York City Council
I urge you vote “No” on the Charter Revision
Commission’s proposal. The Charter Revision Commission’s proposal purports
to be a Charter Amendment for “Campaign Finance Reform.” It is
not.
This proposal is a political ploy and the only product
of a legally tainted, politically motivated, and hand-picked Charter Revision
Commission. Its only purpose is to block New Yorkers from voting on whether
or not they want to spend $1 billion of public funds to move the Yankees
from the Bronx to a new stadium in Manhattan.
The Mayor’s Charter Revision Commission used an outdated
legal loophole in an attempt to knock off the Yankee Stadium referendum.
In fact, the Commission’s proposal would obstruct
and make unworkable a far more comprehensive and meaningful campaign finance
reform package that was passed by the City Council and praised by good government
groups.
The Council’s legislation encourages new people to
run for elected office. It regulates private financing of transition and
inaugural activities by candidates elected to local offices; and it prohibits
elected officials from appearing or participating in any television, radio,
print advertisement that is paid for by governmental funds in an election
year.
A “No” vote will put a better campaign finance
reform law on the books and it will send a clear message to the Mayor that
he cannot prevent the citizens of New York City from having a say on keeping
the Yankees in the Bronx.
ANN EAGAN
Queens, NY
The proposal on Campaign Finance Reform, issued by
the Charter Revision Commission, has nothing to say that any person could
argue with; it actually has nothing to say. It does a very good job of telling
the voters that something is being done to clean up our election process.
Its wording is very general, and it is simply a distraction.
The Commission which wrote the proposal was set-up
by Mayor Giuliani to prevent the Yankee Stadium proposition and the Clean
Money/Clean Elections proposition from getting on the ballot and to reduce
voter turnout in November. The Mayor has very bluntly stated his original
reason for creating this Commission is to block Speaker Peter Vallone’s effort
to put a referendum on the ballot that would let the voters decide whether
to build a new Yankee Stadium on the West Side. The Mayor announced earlier
this year that a Charter Revision Commission wasn’t necessary, but after
Peter Vallone announced his Yankee Stadium proposition, the Mayor decided
to revive the city Charter Commission, which puts him in a position to make
certain the City Council can’t put referenda on the ballot this year.
The commission’s chair is Peter Powers, the Mayor’s
former deputy Mayor and longtime friend. The Vice-Chair is Paul Crotty, former
Corporation counsel in his Administration. These people are all in the sphere
of the Mayor and have put together this proposal to suit his purposes.
It probably does not matter to those who created this
proposal whether it passes or not. However, a vote against it could send
a message that the voters are not fooled by this travesty of our voting process.
C. VIRGINIA FIELDS
Manhattan Borough President
Vote “No” on Charter Change
I oppose the City Charter Revision Commission’s ballot
proposal because it comes from the wrong source at the wrong time and in
the wrong way.
There can be little doubt in anyone’s mind that the
sole reason this Commission exists was to come up with a proposal that would
knock off the ballot the referendum approved by the City Council on whether
to construct a new West Side sports stadium--a referendum the Mayor opposes.
A hastily cobbled together ballot initiative is the
wrong way to go about addressing a subject as important and complicated as
public campaign finance.
In fact, as this Voter’s Guide was being prepared,
the City Council was completing work on a set of local laws that strengthen
a City campaign finance system already considered one of the most progressive
and effective in the nation. This legislative package limits corporate contributions
to candidates more fairly and effectively than the proposed Charter revision
does, precisely because it was subjected to a level of public scrutiny and
debate that has been lacking in the Charter revision process.
I strongly support public campaign financing for every
level of elective office. I respect this system too much to subject it to
ill-considered and hasty revisions.
Charter revision is an important job--too important
to be done carelessly or inadequately, or to achieve partisan ends. That’s
why I ask Manhattan voters to say “no” to Charter revision this
Election Day.
CHARLES JUNTIKKA
Manhattan, NY
During the last three years, I have spent all of my
spare time fighting for campaign finance reform in New York City. (In 1996,
my group of students filed 70,684 signatures requesting reform be put on
the 1996 ballot.) On August 27, 1998 the cause of reform succeeded with the
passage of a reform bill by the City Council that The New York Times called “excellent.” This
bill is now law.
I have devoted my life to this issue. I have no doubt
whatsoever in opposing the Charter Revision Commission’s “reform” referendum
because it is (1) inadequate, (2) unnecessary and (3) counter-productive.
First, this referendum is inadequate. All it does
is ban corporate contributions with no attention to details. A simple ban
on corporate giving only has so many loopholes it is worse than our old law.
The biggest loophole is that corporate officers only have to form PAC’s and
under the Commission’s proposal their contributions would then be legal.
This referendum calls for a “review” of
the “soft money” problem, but does not ban soft money in
any way, shape or form. Reviewing a problem does not solve it especially
when the Council has adopted a law that helps address this issue.
Second, this referendum is unnecessary. The Council’s
law levels the playing field for candidates by reducing contribution limits
for political fat cats and increasing public matching funds to reduce the
influence of private contributions:
- The bill provides 4 to 1 public matching funds for contributions under
$250. Qualifying candidates will receive $1,000 for a $250 contribution.
- Council candidates can receive up to $70,000 and Mayoral candidates receive
up to $2.86 million in the primary & $2.86 million in the general election.
Finally, this referendum is counter productive. Some
attorneys believe this referendum in some ways may conflict with the Council’s
law. I disagree. However if the referendum passes, enemies of reform are
likely to bring a lawsuit to undercut the Council’s excellent legislation.
The City Council has adopted the best campaign finance
law in the country. Let’s not muck it up by adopting this ill-advised referendum.
RUTH MESSINGER
Manhattan, NY
As a lead sponsor of this City’s original strong campaign
finance reform legislation, I urge a NO vote on this Question.
First, the Charter Commission decision to put this
item on the ballot was made without sufficient public debate and was entirely
undemocratic. It came several weeks after the very few public hearings they
bothered to hold. There was no opportunity for the serious discussion of
its pros and cons which New Yorkers deserve. There was no extended analysis
of the consequences of the resolution or of the many problems it will create.
Second, this question, proposed as a major reform,
actually does much LESS than amendments to the campaign finance law already
adopted by the City Council after many public hearings. The ballot measure
prohibits corporate contributions and requires disclosure of contributions
from those doing business with the city, but does not explain how those changes
will be enforced. In contrast, the City Council has already taken dramatic
steps to improve the existing law. Their bill significantly levels the playing
field for candidates and provides the incentive for candidates to participate.
If this hastily crafted ballot item were to pass, New Yorkers would be denied
the benefit of important improvements to the law adopted by the Council.
Finally, this question is on the ballot to prevent
the public from voting on the future of Yankee Stadium. The Council proposed
that New Yorkers vote on whether their public tax dollars should be spent
to build a new Stadium that would move the Yankee team out of the Bronx.
New Yorkers should be heard on this issue, but the Mayor wanted to block
the vote. He named a politically motivated Charter Commission with no time
for serious work solely to get a measure on the ballot that would block the
referendum on Stadium spending.
This is not the way to make public policy. Accordingly,
I urge a NO vote on a measure that was adopted without real public input,
that blocks more serious reform and is on the ballot only to keep another
measure off.
A. GIFFORD MILLER
Council Member, 5th District
The City Charter is the City’s basic governing document,
much like the U.S. Constitution. Charter Revision is serious business and
should only be done for the right reasons.
The current Charter Revision Commission was created
for purely political reasons. Mayor Giuliani has stated that the Commission
was created in order to block a referendum on whether to build a new stadium
for the Yankees on the West Side of Manhattan.
This Commission’s founding purpose was anti-democratic.
For this reason alone, the voters should oppose the Commission’s questions
and send a message that baseball and politics don’t mix.
Even if you ignore that the Commission is a political
ploy, its proposal should be rejected because the Commission’s conduct
was unrepresentative, secretive, rushed and lacked public input.
Nearly every “good government” group in
the City from Citizens Union to Common Cause has strongly opposed the Commission
for its politically motivated origin, lack of minority representation, and
faulty process. Rejecting the Commission’s ballot question sends the message
that the City’s Constitution shouldn’t be revised without proper public input.
Finally, the questions put forward by the Commission
are of little merit and most are already being addressed by the City’s
elected legislature. However, at least one--the Commission’s proposal to
ban campaign contributions by corporations--would actually set back the
cause of campaign finance reform.
While it might sound good, the fact is that by banning
corporate contributions, the Commission threatens reform legislation recently
adopted by the City Council which mandates stronger incentives for clean
and fair elections. It would potentially eliminate a four-dollar-for-one
public financing match that creates an incentive for small contributions
from city residents. In addition, the proposal would do nothing to stop corporations
from making contributions through PACs.
The bottom line is that the Commission is a politically
motivated sham that taints the importance of charter revision. While the
Commission’s ballot questions may seem reasonable at first glance, they spring
from an anti-democratic process and will actually do more harm than good.
In order to preserve the integrity of the City’s Charter, I urge you to vote “NO.”
NEW YORK PUBLIC INTEREST RESEARCH
GROUP, INC.
Gene Russianoff, Senior Attorney
The New York Public Interest Research Group recommends
a “no” vote on this ballot question. The proposal misleads voters--and
may even harm the city’s widely-respected campaign finance program, which
was set up to reduce the influence of large campaign contributions on city
elections.
Why misleading? The proposal says it will “require” the
New York City Campaign Finance Board--which runs the program--to regulate “indirect
campaign expenditures.” In other words, the proposal claims it will
minimize campaign spending by political parties and others that is designed
to evade current city campaign finance limits. But the Campaign Finance Board
has said that state and federal laws “appear to leave [it] little room
for restricting political party spending.” That means the ballot question
promises something it won’t deliver.
The ballot question may also jeopardize the future
of the campaign finance program. Under the law, candidates are eligible for
additional public funds as an incentive to raise small contributions from
city residents. As an August 21, 1998 editorial in The New York Times noted: “Some
readings of the [ballot question] suggest it could also undermine the...matching
fund system.”
Finally, this proposal is the product of an indefensible
process. It was drafted to “block efforts to put a referendum on the
November ballot that would allow the public to vote on whether the city should
pay for a new [Yankee] stadium in Manhattan” (The New York Times,
August 28, 1998). The proposal was developed in unseemly haste in a handful
of weeks over the summer. There was no time for real debate and no chance
to iron out the problems described above.
The ballot question does contain some provisions to
promote the independence of the Campaign Finance Board. But these are clearly
outweighed by what’s wrong with the proposal. The proposal has been criticized
by many civic groups, including Common Cause/NY and the City Club of New
York.
Voters who want more information about NYPIRG’s views
can call (212) 349-6460. To learn more about the city’s campaign finance
program, consult this Voter Guide.
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