Tag Archives: Citizens United

American elections ranked worst among Western democracies. Here’s why.

Pippa Norris, Harvard University

Arizona Legislature special hearing on issues voters encountered during their primary, 3-28-16. Photo: Chi Nieves/Facebook

Arizona Legislature special hearing on issues voters encountered during the recent primary. Photo: Chi Nieves/Facebook

The world is currently transfixed by the spectacle of American elections.

From New York, London and Paris to Beijing, Moscow, and Sydney there is endless heated debate in the news media and across dinner tables about the factors fueling the remarkable success of Donald Trump, speculation about a brokered convention shattering the old GOP, and the most likely outcome of a polarizing Trump-Clinton battle in the fall.

This contest matters. It is the election for the most powerful leader in the Western world, and some – like the Economist Intelligence Unit – regard Donald Trump as a major risk to global prosperity and stability. Also, as citizens of one of the world’s oldest democracies, Americans like to think that the United States provides an influential role model for how elections should run in other countries.

The Electoral Integrity Project (EIP), founded in 2012, provides an independent evaluation of the quality of elections worldwide. The EIP’s results have been published in several books, including my own Why Electoral Integrity Matters and Why Elections Fail – books that focus on comparing the quality of elections, understanding why problems arise, and diagnosing what can be done about these flaws.

We can use the data collected by the EIP to ask: Is the U.S. the electoral role model it imagines itself to be?

A democratic role model?

Super Tuesday in Stillwater, Oklahoma. REUTERS/Nick Oxford

In practice, recent years have seen a long series of vulnerabilities in the conduct of American elections, as documented by the 2014 report of the bipartisan Presidential Commission on Election Administration. Indeed, these issues have been under close scrutiny ever since the notoriously flawed ballot design in Florida in 2000.

Since then, the Commission has reported wait times in excess of six hours to cast a ballot in Ohio, inaccurate state and local voter registers, insufficiently trained local poll workers, and the breakdown of voting machines in New York.

Standards remain uneven across the country. The Pew Center’s 2012 Election Performance Index, for instance, suggests that states such as North Dakota, Minnesota and Wisconsin performed relatively well against a range of quality indicators combining voting convenience and electoral integrity. Other states, including California, Oklahoma, and Mississippi demonstrated noticeable shortfalls.

Problems reported by the media

It was no different during the 2014 midterm elections. The news media reported a range of problems on polling day – some trivial, others more serious. It is unclear whether these arose from accidental administrative mistakes or intentional dirty tricks.

At least 18 state election websites were reported to have experienced disruptions on election day, preventing voters from using the sites to locate polling places and ballot information.

In Virginia, a State Department of Elections spokesman said that 32 electronic voting machines at 25 polling places experienced problems. In both Virginia and North Carolina, the Washington Post reported cases of electronic polling machines which recorded a vote for the Democratic candidate when the screen was touched to cast a vote for the Republican. And in Texas the statewide voter registration system crashed, forcing many to complete provisional ballots when poll workers were unable to confirm voter eligibility.

Meanwhile, new state laws requiring electors to present photo identification caused confusion in several states, including Texas, Georgia, and North Carolina.

These problems are not fading away.

During the 2016 primary in North Carolina, there was confusion about new photo ID requirements and long lines. Court decisions over voter identification laws currently remain pending in Texas and Virginia.

Problems of money in politics

As well as repeated procedural flaws, there has been speculation that public disgust with the role of money in politics, and the role of major donors in buying access to Congress, is one of the major factors driving the primary campaigns.

Much of Trump’s visibility comes from exploiting his advantage in attracting free social media and spending less on TV airwaves than any other major candidate. He commonly claims that his organization is more self-funded than most presidential campaigns, without support by a super-PAC. This may appeal to voters who are suspicious of the role of money in American elections and of the honesty of politicians who are seen to be in the pockets of rich donors and corporate interests.

Similarly, Bernie Sanders has campaigned on his ability to raise funds from multiple small donors. He claims Hillary Clinton has been more beholden to establishment donors and fat fees from corporate speaking engagements.

Suspicion of the role of money in politics seems to be widespread.

In the 2012 National Election Survey, for example, when the public was asked whether ‘Rich people buy elections’, two-thirds of Americans agreed with this statement.

Comparing the U.S. to other democracies

Some may be tempted to think headlines are exaggerating the true extent of any problems in America by highlighting negative cases which are actually fairly isolated.

Is there actually more systematic evidence suggesting that American elections are flawed? And how does the U.S. compare with other long-standing democracies worldwide?

New evidence that gives insights into this issue has been gathered by the Electoral Integrity Project. This independent research project is funded by the Australian Research Council’s Laureate award with a team of researchers based at the University of Sydney and Harvard University.

The 2015 annual Year in Election report compares the risks of flawed and failed elections, and looks at how well countries around the world meet international standards. The report gathers assessments from over 2,000 experts to evaluate the perceived integrity of all 180 national parliamentary and presidential contests held between July 1, 2012 to December 31, 2015 in 139 countries worldwide. These include 54 national elections held last year.

Forty experts were asked to assess each election by answering 49 questions The overall 100-point Perceptions of Electoral Integrity (PEI) index is constructed by summing up the responses.

This chart compares and contrasts the overall 100-point PEI index for all elections held since 2012 in the Western democracies covered in the survey. In the U.S., this covers both the 2012 presidential elections and the 2014 Congressional contests.

Americans often express pride in their democracy, yet the results indicate that domestic and international experts rate the U.S. elections as the worst among all Western democracies.

Denmark, Finland, Norway and Sweden are at the top of the ranking, all scoring over 80 on the 100 point PEI Index. Several democracies from diverse regions and cultures – for example, Israel and Canada – are ranked in the middle of the pack.

But the U.S. scores 62, a full 24 points lower than Denmark and Finland. The UK also performs fairly poorly, along with Greece and Australia. One reason for this is that proportional electoral systems – which translate votes into seats on a proportional basis – usually tend to score higher as they provide more inclusive opportunities for smaller parties. All of the Nordic countries, for example, use a proportional system.

Comparisons can also be drawn with all 180 parliamentary and presidential elections included in the latest report, covering 139 countries worldwide. The 2012 U.S. presidential election ranks 60th out of 180 elections worldwide, close to Bulgaria, Mexico and Argentina.

This is no one-time shortcoming. The 2014 U.S. Congressional elections rank even worse, 65th out of 180 worldwide.

By contrast, elections in many newer democracies are seen by experts to perform far better in the global comparison, such as in Lithuania (ranked 4th), Costa Rica (6th), and Slovenia (8th).

What stages of U.S. elections are weakest?

NORRIS Fig
Author provided

What produces these results? To explore this issue, EIP also conducted a second survey with almost 200 experts to compare the performance of the 2014 congressional elections across 21 U.S. states.

The results show that the worst problem across most states involved gerrymandering of district boundaries to favor incumbents. The mean score for American states was just 42 on a 100-point scale.

Other weaknesses concerned whether electoral laws were unfair to smaller parties like the Green Party, favored the governing party, or restricted voter’s rights.

Campaign finance – for example, whether parties and candidates had equitable access to public subsidies and political donations – was also seen by experts as a problem.

Finally voter registration was also viewed critically. Issues here included whether the register itself was accurate with, in some cases, citizens not listed and, in others, ineligible electors registered.

By contrast, voting processes were rated more favorably. Factors here included whether any fraudulent votes were cast, whether the voting process was easy, whether voters were offered a genuine choice at the ballot box, along with the vote count and post-election results. These last two measures each received a high score of 85.

Much debate in the U.S. focuses upon potential risks of fraud or voter suppression at the ballot box, but in fact experts rate earlier stages of American elections more critically.

Why are American elections so bad?

Why are American elections particularly vulnerable to these sorts of problems? It is a complex story.

In my book, Why Elections Fail, I argue that a large part of the blame can be laid at the door of the degree of decentralization and partisanship in American electoral administration. Key decisions about the rules of the game are left to local and state officials with a major stake in the outcome. For example, gerrymandering arises from leaving the processes of redistricting in the hands of state politicians, rather than more impartial judicial bodies.

Moreover, the role of money in American campaigns has become progressively deregulated in recent decades, thanks in part to the Citizens United Supreme Court decision, while election costs have spiraled. Add to that the fuel of an inflammatory campaign by Donald Trump, and the prospects for agreement about the outcome of the election become more remote.

The Conversation

Pippa Norris, ARC Laureate Fellow, Professor of Government and International Relations at the University of Sydney and McGuire Lecturer in Comparative Politics, Harvard University

This article was originally published on The Conversation. Read the original article.

Share Button

Who’s Funding Super PACs This Election Season? Good Question

New reporting looks at how shady LLCs are contributing to ‘corrupt campaign finance system’

By Andrea Germanos, staff writer for Common Dreams. Published 3-19-2016

(Photo: Light Brigading/flickr/cc)

(Photo: Light Brigading/flickr/cc)

Campaign finance reform advocates have rallied against super PACs’ ability to influence elections since their creation in 2010, and new reporting by the Washington Post puts a spotlight on how “ghost corporations” are pumping money into these committees, with their big money contributors hiding behind a veil of secrecy.

As the Center for Responsive Politics explains: “super PACs may raise unlimited sums of money from corporations, unions, associations and individuals, then spend unlimited sums to overtly advocate for or against political candidates,” though they “are prohibited from donating money directly to political candidates.”  They report their donors to the Federal Election Commission (FEC) monthly during an election year. Continue reading

Share Button

Upholding Power of the People, Court Says Voters Can Weigh In on Citizens United

‘Are we a democracy of, by, and for the people, or are we to be ruled by an elite, moneyed class?’

By Deirdre Fulton, staff writer for Common Dreams. Published 1-5-2016

The California high court decision paves the way for the state legislature to put the ballot measure before voters statewide in 2016. (Photo: hjl/flickr/cc)

The California high court decision paves the way for the state legislature to put the ballot measure before voters statewide in 2016. (Photo: hjl/flickr/cc)

When it ruled Monday that California lawmakers can ask for voters’ opinions on campaign-spending laws, the state Supreme Court underscored “that the ultimate power of our government is vested in the people,” Common Cause senior vice president Karen Hobert Flynn declared in the wake of the decision.

By upholding the legality of Proposition 49—which would ask voters whether Congress should propose an amendment overturning the 2010 U.S. Supreme Court decision known as Citizens Unitedthe court spoke “directly to the question we have faced since the Citizens United ruling,” Hobert Flynn continued. “Are we a democracy of, by, and for the people, or are we to be ruled by an elite, moneyed class, where the power of government rests in the hands of a few wealthy special interests?” Continue reading

Share Button

Happy Holidays, Super PACs: FEC Removes Yet Another Block Against Dark Money

Little-noticed rule allows candidates to solicit money for super PACs as long as it’s done in a small meeting

By Nadia Prupis, staff writer for Common Dreams. Published 12-25-2015.

Activists rally for a constitutional amendment overturning the Citizens United Supreme Court decision on Friday, January 21, 2011 in Washington, DC. (Photo: Brendan Hoffman)

Activists rally for a constitutional amendment overturning the Citizens United Supreme Court decision on Friday, January 21, 2011 in Washington, DC. (Photo: Brendan Hoffman)

The Federal Elections Commission (FEC) has quietly released a new advisory opinion that will make it even easier for candidates and their staffers to solicit for super PACs donations.

The opinion states that candidates can ask for funds from donors as long as they are meeting in small groups—as small as three people, according to the Washington Post, which first reported on the story Thursday. Continue reading

Share Button

Amid Flood of Dark Money, Groups Make Simple Request of FEC: ‘Do Your Job’

Existing regulations are “woefully inadequate to address today’s political environment”

Written by Deirdre Fulton for Common Dreams. Published 10-28-15.

"Today's flood of dark money in federal elections is almost wholly the creation of the Federal Election Commission," says the coalition, "and the Commission should take responsibility for correcting this problem." (Photo: 401(k) 2012/flickr/cc)

“Today’s flood of dark money in federal elections is almost wholly the creation of the Federal Election Commission,” says the coalition, “and the Commission should take responsibility for correcting this problem.” (Photo: 401(k) 2012/flickr/cc)

Decrying the unprecedented flow of so-called “dark money” into the U.S. political process, a coalition of civic and religious organizations, environmentalists, and academics on Tuesday submitted comments to the Federal Election Commission (FEC), calling on the agency to—put simply—do its job.

“Since the 2010 Citizens United decision, each election cycle has seen dramatic changes in the campaign finance environment,” the groups declared in comments (pdf) that press the FEC to address critical regulatory shortfalls. “Yet, the rules and regulations of the Federal Election Commission have not kept pace.”

In fact, they continued, “Today’s flood of dark money in federal elections via both electioneering communications and independent expenditures is almost wholly the creation of the Federal Election Commission and the Commission should take responsibility for correcting this problem.”

While Citizens United undoubtedly “opened a floodgate of outside spending,” the groups wrote, the FEC’s failure to update its rules accordingly—or, in the case of disclosure rules, to actually defy both the law and the Supreme Court decision itself—has only intensified the problem.

Noting that the cost for the 2016 election cycle is expected to exceed $10 billion, the coalition—which includes Public Citizen, Friends of the Earth, and the Center for Media and Democracy, among others—specifically calls for the FEC to update its rules in order to:

  • reestablish the excellent disclosure regime that had existed prior to recent erroneous rulemaking by the Commission;
  • strengthen its rule to require that foreign nationals receive written assurances from any organization that conducts electioneering activity that the foreign funds will not be used for campaign purposes;
  • update its coordination rule to ensure that unregulated super PACs and other outside electioneering groups are truly independent of candidate and party committees.

On that last point, the groups stated that the FEC’s existing regulation “is woefully inadequate to address today’s political environment.”

While super PACs—which can solicit unlimited donations and have thus far raised $211 million in this election cycle—are ostensibly independent from the candidates and campaigns they support, watchdogs say the reality tells a much different story.

“Frequently, the coordination between super PACs and their candidates is laughable and the subject of televised comedy acts,” the coalition wrote, making it “indisputably obvious” to both the public and election experts that “the lax coordination rules enable candidates to evade the contribution limits by setting up a closely coordinated super PAC.”

Furthermore, by essentially throwing up its hands—FEC chief Ann M. Ravel told the New York Times in May that the agency’s internal gridlock made it “worse than dysfunctional”—the agency is only inviting further wrongdoing.

To that end, separate comments also filed Tuesday by pro-democracy groups Democracy 21 and the Campaign Legal Center call on (pdf) the FEC to reject a request from two Democratic PACs that are seeking guidance from the agency itself on how to follow the lead of a number of GOP super PACs “in breaking a variety of laws through coordinated activities with candidates.”

“These super PACs are seeking FEC permission to break the law, as other candidates and committees have done, knowing full well that the Commission will deadlock on the questions, and announcing that they will break the law if they do not get a yes or no answer from the FEC,” said Paul S. Ryan, senior counsel for the Campaign Legal Center, in a press statement.

But, Ryan warned, super PACs “are mistaken…in implying that an FEC deadlock amounts to approval of their proposed lawbreaking. The laws passed by Congress are the laws of the land despite the complete breakdown of campaign finance law enforcement at the FEC and we will not hesitate to urge the Department of Justice to criminally investigate what would be knowing and willful violations of the law if these groups proceed with their plans.”

This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License

Share Button

There Goes the Neighborhood

By respres (http://www.flickr.com/photos/respres/2539334956/) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons.

By respres [CC BY 2.0], via Wikimedia Commons.

About 3 months ago, two properties adjacent to ours were put on the market.

The first house was a foreclosure, currently owned by Fannie Mac. We expect this property to be on the market quite some time, as it has not been updated since the original owner bought it in the early 1960s. We have nicknamed it the squirrel condo, as the 15-foot rotted facia along the roof line has been chewed by the little tree rats, and they have gained access to the attic. We also call it a beehive, as the siding is so damaged and rotten that bees have infested all accessible areas and chase any lawn mower away from their protected territory.

The first time a contractor came to mow this property after it was listed, they damaged our lawn with an eighteen foot arc that cut through our sod and destroyed our lawn up to a foot and a half over the property boundary. We estimate the actual value of this home to be about half the listed price, and pray any potential buyer has the wisdom to have an independent inspector check it over before signing a purchase agreement. We have reported the roof line to the city environmental officer, who is supposed to enforce codes that would require repair.

The other property, an identical house to ours without some of the add-ons this house received, just sold. I met my new neighbors today. Continue reading

Share Button

Corporate Media Blacks Out Coverage of Bill to Overturn Corporate Personhood

Written By Pam Martens and Russ Martens: Published May 4, 2015 in WallStreetOnParade.com. Reprinted here with permission.

ThanksCorporateNewsLast Wednesday, the grassroots organization, Move to Amend, held a press conference at the National Press Club to announce that six members of the U.S. House of Representatives were introducing legislation to overturn Citizens United v FEC to make free speech and all other rights guaranteed under the U.S. Constitution available only to “natural persons,” not corporations or limited liability companies. The legislation would also give Federal, state and local governments the ability to limit political contributions to “ensure all citizens,  regardless of their economic status, have access to the political process.” Continue reading

Share Button

A Worthwhile Target

Today marks the fifth anniversary of the Citizens United v Federal Election Commission decision. In this landmark case, the Supreme Court ruled that independent political expenditures by non-profit corporations are protected under the First Amendment and not subject to restriction by the government. The ruling has also extended to for-profit corporations, unions and other organizations.

Mind you, this doesn’t mean that corporations can contribute directly to candidate campaigns; that is still illegal under Federal law. What it does do is prohibit the government from restricting political expenditures by corporations and unions other than direct contributions to individual campaigns.

Continue reading

Share Button

Grassroots Pro-Democracy vs. Corporate Control

Published on Friday, October 24, 2014 by Common Dreams

Bill Moyers: Grassroots Pro-Democracy Movement Must Rise to Challenge Corporate Control

By Jon Queally, Common Dreams staff writer

Ahead of final sign-off, veteran journalist tells viewers that reaching out to their fellow citizens and neighbors is the essential task in creating the transformation so desperately needed

Bill Moyers 2005. Photo [Public domain], via Wikimedia Commons

Bill Moyers 2005. Photo [Public domain], via Wikimedia Commons

In late September, veteran journalist and public television host Bill Moyers, now eighty-years old, announced he was finally retiring (and yes, this time he means it) after more than forty years as one of the nation’s most trusted voices in news, politics, and culture.

Continue reading

Share Button

How To Buy The Senate

Last Thursday, six days before the elections here in the US, a story broke that completely slipped underneath the radar of the national media. While that in itself isn’t surprising considering our media’s proven track record in ignoring important stories, we’re really surprised that this one didn’t make headlines.

Last August, Colombian inspectors found 40 kilos of cocaine aboard the Ping May, a cargo vessel that was about to sail to Europe. While this is a fairly common occurrence these days, the ownership of the vessel is what makes this newsworthy. The vessel is owned by the Foremost Maritime Corporation. Foremost was founded and is owned by James Chao. Who is James Chao? He’s the father-in-law of the man who will more than likely be the next Senate Majority Leader; Mitch McConnell. Continue reading

Share Button