The ethics and campaign finance legislation proposed by Gov. David Paterson in his State of the State address this week could cause grave harm to the free speech rights of Empire State residents, according to an analysis of the “Reform Albany Act” by the Center for Competitive Politics (CCP).
Paterson proposes sharply restricting the right of citizens to contribute to candidates, enacting taxpayer funded campaigns, greater regulation for nonprofit groups and banning the practice of bundling. “All of these proposals raise serious constitutional and public policy problems,” said CCP Research & Government Relations Director Laura Renz. “Albany’s fiscal and ethics problems will not be solved by funneling millions of dollars into political campaigns and exposing nonprofit donors to pressure from powerful legislators.”
“Campaign finance rules are meant to allow citizens to keep an eye on their government, not for the government to monitor — and potentially retaliate against — its citizens,” Renz said.
CCP noted to lawmakers, who are considering a narrow bill addressing conflict of interest regulations, that adding taxpayer funded campaigns to the mix of proposals would face constitutional hurdles.
Federal courts in Connecticut and Arizona have ruled similar programs (with “enhancements” or “rescue funds”) unconstitutional, and CCP has conducted extensive policy research on programs in New Jersey and other states showing that the systems have failed to achieve proponents’ goals of reducing interest group influence, saving taxpayers’ money, diversifying legislatures and increasing the competitiveness of campaigns.
CCP’s letter to leaders in New York’s Assembly and State Senate details these studies.
“Lawmakers would be better off concentrating on sensible fixes to Albany’s ethics challenges – such as reasonable disclosure of legislators’ outside income,” Renz said. “A scattershot effort to restrict multiple First Amendment rights of New Yorkers will be counterproductive.”
The Center for Competitive Politics (CCP), is a nonpartisan, nonprofit organization founded by former FEC Chairman Bradley A. Smith. CCP seeks to promote and protect the First Amendment political rights of speech, assembly and petition.
