YEAR 2000 and
the AGENDA for REFORM
Ø
The 2000 Primary Season
& Reform
Ø
Presidential campaigns
Ø Florida, the Count and Election Reform
Ø Other Propositions for
Election Reforms
Foreword
Several months ago, Ben
Price and I had discussed the possibility of doing this article together but we
had several disagreements over what to write on certain issues like the Supreme
Courts election of George Bush, and Ben accepted the challenge of running
for Congress as the Green Party nominee. Hats off to Ben for a fine campaign
to become a citizen legislator. This article is dedicated to him. It has
benefited from our interactions, as has the book from which the article is
drawn. Hopefully, this will generate some controversy among other readers, too,
so that our shared purpose of generating a debate on political reform will be
served.
Executive
Summary
From the standpoint of real political reform that
which would help to bring people back into the picture -- election year 2000 (Y2K) started with a bang and ended
with a whimper. Ironically, campaign finance reform (CFR), though supposed to
reduce the role of money in politics, focused only on money. No value was
assigned to the peoples time as political volunteers. Both CFR and election
reform initiatives took steps to federalize campaign finance and elections that
bordered on being unconstitutional. Bill Clintons exit served to remind us how
he depreciated the coin of political life even while focusing attention on an
imperial Presidency and national politics. Both our attention and the reform
agenda need to be refocused on state and local initiatives and political parties
if we want to take back our politics from the political class that has taken it
over.
Introduction:
2000: What a
Year! Threshold of Change? Reform as a Subtext of the
Year 2000 (and 2004?) Presidential Campaigns
The
first draft of this article was being written during one of the most remarkable
political years in our countrys history. The Presidential campaign playbook
came to a final episode far more remarkable than the political game preceding.
As a result, all of a sudden, there was talk of reform once again at the end
of a year that opened with talk of reform by challengers during the
Presidential primary season. The scope
of the year-end talk, however, was limited largely to electoral reform changes
in voting arrangements to ensure that every vote would count. This was followed
by another round of talk and, finally, of action on campaign finance reform
that seemed like déjà vu, harkening back to the years beginning. Those who
talked the talk, however, were not able to act in ways that would help the
great American majority to walk the walk, politically. In other words, another
great Presidential election year opportunity to grapple with the true challenge
of political reform was lost. Perhaps the most hopeful sign was seen at the
White House exit. The rhetorical entry of another occupant seemed sanguine as
well as consanguine. We are still hanging on some nice-sounding words.
Harbingers? Preludes? Real hope?
Who
will turn out to be the Reformer with Results after all is said and done on
the issue of reform? A common slice of political advice tendered to those
running for office is that the candidate should always try to set the agenda so
that the campaign debate is carried out on his terms, not those of the
opponent. Bushs political advertising slogan was a backhanded compliment to
his opponent at the time, testimony to the fact that McCain had succeeded in
setting the Presidential Campaign agenda for awhile, even taking it away from
Bill Bradley so that reform became the subtext of the Y2K Presidential
campaign. This is how things looked in naked (calculating, short-term)
political terms during the Spring of the year 2000.
Given
the passage of time since, we can now get a better, broader slant on the
political workout on reform during the year and its immediate aftermath. Who
actually set the agenda? How was the reform issue defined? What kind of
reform did the issue definition represent? And what are actual or likely
repercussions to deal with now and into the future?
Populism and Participation
in the Politics of a
Presidential Election Year
The 2000 Primary Season
& Reform
Hopes
rise at the New Year and sap rises with the onset of Spring. So, too, with the
primary
season of the Y2K Presidential race. For awhile, it seemed as if reform might
be the prime driver of the years political season. Words resonant of the
Progressive Era of 100 years ago brought out thousands of new, young and
independent voters, putting new energy and life into a race in ways and to an
extent that had not been seen during the previous Presidential election
campaign of 1996. The challengers attracting media and primary voters
attention, John McCain and Bill Bradley, were on message re: reform like Frik
and Frak. Thus, primary questions at two levels came to the fore:
1.
Would
a reform message move to the top of the public agenda, notwithstanding polls
that repeatedly said no;
2.
Who
would win out as the message bearer?
Remember
the joint press conference in New Hampshire at which Bill and John shook hands
and pledged mutual devotion to a reform agenda? That reminded me of the
handshake between another Bill and his buddy Newt that accompanied a similar
declaration like that emerging from a NATO meeting: No Action;Talk Only. Nothing happened as a result.[1]
The encounter between Dollar Bill and Straight Talk McCain, however, was
like a coin toss that Bill lost. Afterwards, it was downhill for the Bradley
campaign. This Bill had some good things to say, but he never did overcome his
(public) speech handicap and John had it all over him for charisma. Its tough
running against a real war hero who preempts your main message. Weve already
had our fling at that in the form of its legislative embodiment,
McCain-Feingold (see the section to follow on campaign finance reform). Though
Bills lackluster campaign may be blessedly forgotten, what should we recall
from the reform part of his platform?
Looking
back, who among the political pundits noticed a disconnect between early and
late Y2K in terms other than number of months passed? The early Presidential
primary season was marked by political participation in New Hampshire that
could nearly darn well be called populist. People from all over and many walks
of life converged on the Granite state to walk, talk, mail, call and otherwise
work for various Presidential candidates, not only McCain but Bradley, Bauer, Forbes,
Keyes and others. Old fashioned people politics seemed to be back with new
faces and flavors. Now recall the late Y2K political channel. What did we see?
The people appeared to have left the scene. The reform issue was reduced to
S.27, McCain-Feingold, a Senate Bill that mentioned only money. What happened
to all the political volunteers that we saw in New Hampshire, those who thought
the political process might still have some life left in it after all? Were
some of them the same people we saw standing outside courthouses in Florida?
Were they the ones attracted by Al Gores pretend populism? How many even
bothered to vote once the McCain flame had died out? How many moved over to
Nader or voted Green, Libertarian or other 3rd party?
Presidential campaigns
While
he was running, President G.W. Bush never had a Republican reform proposition
that had much more to offer than that of Sen. Mitch McConnell, the prime
opponent of McCain-Feingold and other campaign finance reform (CFR)
legislation. To his credit, however, Bushs actions demonstrated the value of
McConnells main proposition in ways that words could not. His campaign
provided quick and full disclosure of
campaign
contributions via the Internet.
Meanwhile,
his opponent was playing the populist card. Not only did Mr. Gore repeatedly
say that he would sign McCain-Feingold once it reached his desk as President,
he railed against big money and special interests, as if he were running
his campaign according to a Progressive Era reformers playbook. Then, in its
desperate last days, the Gore campaign appealed to "the will of the
people" and "the voters' intent" to justify repeated efforts to
find enough voters in Florida to validate Mr. Gores presumption of the
Presidency based on a national popular majority, as if the U.S. was a foreign,
unitary state with a different constitution. His appeals were those of a
demagogue, not those of a man who would be President of an American federal
republic.
For
the tradition that Al upheld was otherwise. He was the latest in a long line of
American demagogues -- pretend populists who play on people's passions without
informing them as to what they can or should do other than vote for the man of
the people if they really want to "count." The appeals of such
pretenders also rest upon what they do not say. They rely too much on people's
ignorance of what it takes to make a democratic system work. One was hard put
to hear, even if one had a political hearing aid to turn up, how Mr. Gores
election would bring people back into the political picture and enable a
government of and by as well as for, the people.
The
Supreme Court properly focused on HOW votes need to be counted to ensure equal
protection under the law. No totalitarian allusions to "will of the
people" here. Voter is as voter does. Whether or not the vote can be
counted is unambiguous according to a uniform standard, or the vote is rejected
or not recounted. No impressionistic reliance upon various interpretations of
voters intent here. We do not live in the Republic of Chad. Our ox was not
Gored, Babe.
Yet
the Supreme Court was wrong to put itself in the position of effectively deciding
the outcome of the Y2K presidential election. Yes, there was a Constitutional
equal protection issue, so the Supremes were right to take the case on even
though (or because?) it sang to the country with dissonant chords. There were
also voting inequities, although reliable, convincing evidence of these did not
arise until later. Yes, an election result needed to be certified within no
more than a few weeks. The Courts
decision would have been wiser, however, if it had enabled the federal
nature of our election to work itself out, with clearer standards, to be sure,
but at the state level first and foremost, then passing to the Congress as
specified by our Constitution, if necessary. The process would have been a bit
further prolonged and even more contentious, partisan and noisy. The outcome
would have been no different but it would have been more satisfactorily
consistent with the decentralized, federal nature of our Republic.
We
can now look back at the 36-day episode as a much needed civics lesson on what
we as citizens need to do if we really want to count in the future. We don't
have to buy into continued, misleading, negative interpretations generated by
the media "commentariat." The brunt of the lesson is positive,
promising and constructive if the majority of the American people see that they
need to be active participants in the political process if they want the
political system to be authentically as well as legitimately theirs. The
importance of voting is now obvious to all. But democratic political
participation means more than just voting. People need to participate actively
in the political process through which candidates are selected and elected. At
the local level, this process includes ballot design, designation of poll
workers, and selection of people to serve on election boards.
The
example of Florida is hardly negative. We saw dozens of volunteers helping to
count thousands of ballots over hundreds of hours. We observed the critical
importance of many more people than the "usual suspects" -- the
political "junkies," "hired guns" or "pro's" --
paying attention to basic features of how "our" political system
works (or sometimes falls short) -- as in ballot design, voting machines and
procedures, whether voters pay attention, protest demonstrations, influence of
the media, poll closing times, and so on.
If these lessons
are taken to heart and acted upon, then the experience we have been through as
a nation will turn out to be a big plus. Our federal democratic republic will
be the better for it. We will continue to light the way for other nations whose
people were as fascinated with the counting controversy as ourselves. If the
episode rings like a wake up call for American democracy, then our children
will benefit most of all, in more ways than Sesame Street can
"Count." They will benefit by example -- seeing more parent-citizen
role models as actors, not just spectators, of the drama of American democracy.
They may even get involved enough to "Take Back their government, as the non-science
fiction book by science fiction writer Robert Heinlein would help them to do if
they were to read it and take it to heart along with one by this author from
which this article is derived.[2]
As
for Presidential campaigns, it remains to be seen whether a genuine populist
will emerge during 2004, whether real reform will be more than a subtext, or
whether digital democracy will emerge as a real force. The folks at website
moveon.org Carrie, Eli, Joan, Peter, Wes, and Zack -- seemed determined to
realize all three. They called for a much earlier than even New Hampshire
primary via Internet voting on June 24, 2003, while featuring e-mail statements
from Howard Dean and two other Democrats -- would-be populists that hoped to be
anointed via e-voting. Moveon.orgs
Internet newsletter of 6/18/03 reminded me of dot.com political site ads suggesting
that democratic political participation is just a click away.
Former Vermont Gov. Deans
e-mail in that newsletter, if it had been designed for audio streaming, would
have rung aloud with populist noises, such as: Defeating George Bush will take
nothing short of a grassroots movement. Thats why weve
provided tools on our
website to help you build the movement in your community. Click below
I want
everyone to know that there is a way to get involved
no matter how much time
they have
Deans
campaign manager claimed (presumably without blushing) that: This is the first
great grassroots campaign of the modern era.[3]
Dean appeared to be already anointed by
Moveon, as his letter appeared as the first of three candidates who polled
highest with our members. Rep. Dennis Kucinich and Sen. John Kerry were the
other two. One had to click on Read letters from all the candidates here to
find the other six of nine Democratic candidates for Moveons presidential
primary.[4] Thus, it was no surprise to
see the results of the first Internet primary in recorded history Dean,
Kucinich and Kerry placed 1,2,3, with Dean far ahead at over 43%. Democracy in
action?
What
was surprising was the demonstration of how quickly a national primary could be
organized
and executed via the net, and the size of the turnout. Certified at 317,647
Moveone members, it was larger than the combined turnouts of voters in the New
Hampshire and South Carolina primaries and Iowa caucuses during the 2000
presidential election season. Thus, the power of the Internet as a political
organizing tool to which my article in the previous issue of this journal
pointed was demonstrated nationwide. It now remains to be seen whether this
power will be translated into a revival of peoples direct political
involvement We, the People empowerment -- or into another demonstration of
the power of Internet political fundraising to finance political
business-as-usual.
Ironically
for many Moveon members who see the need to revive the Democratic Party as a
progressive force vs. a resurgent GOP, reliance upon such an Internet procedure
would serve to weaken the Party. I was allowed to participate in the primary,
and my vote was counted even though I am a registered Republican. Many who
voted may not have been registered to vote in a regular election. The only
requirement was that one be a Moveon member. Moveon did not use the occasion
to urge members to go down to their city or town halls to register to vote.
Neither was instant voter registration of the type urged by many liberal
activists allowed for participation in their Internet primary. One had to be
registered as a Moveon member by the evening of the day before voting began.
According to the avowedly liberal magazine, THE AMERICAN PROSPECT,
the main winner of the primary was Moveon: the group has managed to induce
some of the highest profile Democrats in the country
many of whom are part of
the party establishment and had not felt a need to join up with Moveon
into
conducting a massive, no cost membership drive for them...[5]
Unfortunately,
as Y2K wore on and slopped over into 2001, the reform issue became only a
matter of money with respect to either side of the Y2K reform coin election
reform or campaign finance reform (CFR). Thank God for C-SPAN. C-SPAN2
carried the U.S. Senate debates on CFR in their entirety. Political commentators
fell all over themselves to compliment the Senate and many of its members for
the quality of their deliberations as if political speechmaking had been
sadly missed and posturing for the cameras was something new. No one seemed to
notice how even the most populist members among the Senators failed to define
the issue so that people could come back into the picture. There were two
exceptions that prove the rule Barbara Mikulski and the late Paul Wellstone.
Especially Barbara. Her nostalgia was eloquent. She recalled how, with the help
of political volunteers in Baltimore at the outset of her political career, she
knocked on 10,000 doors to beat the machine and win a seat on City Council.
But did she move from this recollection to observe how there seemed to be no
room for volunteers in the reform(ed) political future envisaged by
McCain-Feingold? No.
Sen.
Wellstones performance during the debates was marked by two proposed
amendments:
1.
One
to extend the ban on issue advocacy by corporations and unions to non-profit
organizations, an amendment that many political commentators and opponents of
Wellstone (like Sen. McConnell, who voted for it) think ultimately may sink the
McCain-Feingold ship because of its likely unconstitutionality. This amendment
passed in spite of McCains opposition.
2.
Another
amendment to give states the option of extending public financing (a.k.a.Clean
Money) to federal office candidacies. This amendment failed even though
supporters pointed admiringly to the Maine model and tried to force federal
reform into a states rights wrapper rhetorically embellished by some
Senatorial rappers.
The
only concern expressed for time as a resource in politics was a concern for
Senators time the time they need to spend (too much) raising money (too
much) in order to finance multi-million dollar campaigns. The value of time
contributed by political volunteers had disappeared from their radar screens as
a result of the money chase. In the old days, candidates would spend more time
calling for volunteers than dialing for dollars. The Senators felt free to
blame TV for most of the time they had to spend fund raising to feed the maw of
the media. None of them, however, felt strongly enough to introduce an amendment calling for even minimal
allocations of free TV time to enable them to get their message out.[6]
The
fact that they had to raise money to pay big bucks to political consultants who
also stood to make more big bucks from media buys this fact earned
(dis)honorable mention by some. But the connection with peoples absence from
politics was lost. No one observed that political consultants are increasingly
taking over grassroots political functions that used to be performed by
volunteers one of the basic reasons why the cost of political campaigns
continues to rise at three times the rate of inflation! Also, no one in the
Senate thought to suggest that the increasing costs of campaign finance
regulation might itself be a factor aggravating this incredible rate of inflation.
Even though there was some high flown rhetoric about a political system in
danger of sinking, no one used the Titanic as a metaphor. Perhaps they didnt
want to be seen to be rearranging deck chairs.
Opponents
of McCain-Feingold pointed to another danger federalization of elections. The
danger was already apparent in a memo to the Federal Election Commission (FEC)
from the Commissions General Counsel that was discussed at the FECs
September, Y2K meeting. This memo also reveals that the urge to control the
political process to move any possible perception of corruption knows no
bounds. As Bradley Smith, FEC Commissioner, indicated: McCain-Feingold
threatens to limit the voter registration and GOTV activities of state and
local committees.[7] The reason
why a lawyer can make a case for state and local controls under federal law
(federalization) is that political party activities, traditionally, have
involved working for the ticket at all levels, from local to federal. The mix
is called bundling.
Thus,
the FEC General Counsel proposed regulations in the form of financial
allocation rules and federal oversight that amount to a crude, perverse form of
un-bundling of political activities that belong together. Look at this from the
standpoint of a party precinct worker (volunteer). Rather than going
door-to-door at one time for non-federal candidates with one set of handouts
and another time for federal candidates with another set of handouts, wouldnt
you want to go once around for all your partys candidates? If you were the
Chair of an local political party committee, would you want to keep time
accounts for each volunteer, in order to report to the FEC how much time your
Committee volunteers spend working for candidates to federal office? After McCain-Feingold
was handed over to FEC staffers to set the rules for the laws administration,
the issue of federalization arose with a vengeance once party committees were
faced with implementation and enforcement of the new regulations. It has also
arisen in the context of pressure for other reforms as we shall see further on.
Yet
the CHRISTIAN
SCIENCE MONITOR concluded, immediately after U.S. Senate passage of
McCain-Feingold as amended:
Perhaps the biggest benefit of this legislation: Citizens might feel
they can return to civic participation in this new political space created by
the lessening of money influence in Washington
the American people can
lose
some cynicism, and more actively participate in national politics.[8]
This
statement is exceptional. Its also a reach or stretch. There is little basis
for it. One can only hope that it turns out to be more than an article of
Christian Science faith.
Lest
McCain-Feingold be seen as the be-all and end-all of reform in legislative
terms, let
us
note that the most energetic and extensive efforts at reform have been
occurring at the state and local level. Sub-national units of government are
laboratories of innovation in a federal system.[9] As already noted, the Maine model earned a
good deal of attention during debates on one of the Wellstone amendments to
McCain-Feingold. The state efforts have come to focus primarily on the
so-called Clean Money ballot initiatives which, somewhat ironically, try to
take money out of politics by substituting public money for private. Such
initiatives have been passed, not only in Maine, but in Arizona, Massachusetts
and Vermont. In the past, similar initiatives have been passed in New York
City, New Jersey, Minnesota and a few other places without relying on the
apochryphal Clean Money billing.[10]
The latter seems to suggest the political counterpart of the Good
Housekeeping seal of approval.
It
helps to have an ironic sense of humor in this business, for ironies abound.
Another is that the Clean Money ballot initiatives that have succeeded owe
their success to political volunteers doing old-fashioned people-to-people,
door-to-door, street-wise politics
canvassing, getting signatures, writing letters to editors and getting
out the vote. Its interesting to observe that many of these volunteers arrive
in buses from locations outside the state where the initiative would be voted
on by in-state voters, but thats another issue which we can table for now.
Whats even more interesting is that the interest in political volunteerism
seems to wane once initiatives are passed. Politics is still a money game but
its played with someone elses money.
Consider
the highly touted Maine model, for example. How do its admirers measure its
reputed success? Let us count the ways. Quoting statistics on peoples
political participation to see whether the reform may have led it to
increase in terms of voluntary commitments of time this is not among them.
The primary indicators are otherwise increases in numbers of candidates and
seats contested. So let us sing hosannas for reform the fact that we have
increased political opportunities for the usual suspects the already
politically self-interested to run for office and build their political careers
at lower cost to themselves, their families and their friends because we, the
taxpayers, are financing their campaigns with public money.
We
probably should not sneer at the Maine performance benchmark in a state like
Massachusetts
where are so few competitive races for state offices and the disease has been
spreading to the local level. As one columnist noted:
In both 1998 and 2000, Massachusetts was tied for last among the 50 states in the percentage of contested primary races. Last. Virtually the entire Legislature and congressional delegation returned to office on a pass.[11]
This columnist also remarked on frequent references to the will of the
people by proponents of the Clean Election Law a well-intentioned if deeply
flawed effort to reduce the decisive role money plays in state politics. Many
would challenge use of the word decisive here but not the phrase deeply
flawed. One flaw is that the Law recognizes candidates but not parties as
actors in electoral politics. It would provide no public funding to or through
political parties even though the ballot question as worded would not preclude
a law enacted by the Legislature from doing so.[12]
Clean Money would go only to candidates, thus further diminishing the role of
parties in the political process. Reliance upon initiative and referendum
(I&R) as the primary tool of reform undermines the role of parties in the
first instance, even before an initiative would take effect if passed. In my
home state of Massachusetts, ex-Governor Cellucci is recognized as someone who
successfully promoted the use of I&R but who whose leadership of the state
GOP served to further undermine his already weakened Party.
There has been some research, books and many articles that point to the
undemocratic nature of plebiscitary democracy via I&R another irony
that should earn a frown rather than a smirk.[13]
So, here is yet another nail in the coffins of parties brought about through
the well-intentioned efforts of those characterized as reformers by media
writers who understand no more of the political process than the so-called reformers
do.
More
generally, the debate over Clean Elections initiatives features those who favor
direct democracy vs. those who respect the fact that our governments at all
levels, constitutionally, are representative democracies. Another basic
controversy implicit in the debate is that between public and run-of-the-mill
journalism. Journalists like the one last quoted did nothing to probe the issue
sufficiently to inform the public before they voted on it; thus, when the
voting is over, they hide behind the popular will as sufficient justification
for ex-post rationalization of an initiative that some recognize as deeply
flawed.
Yet
another irony seems to have escaped observers of reformers efforts even though
it is well known to public finance economists. This is that the introduction of
significant amounts of public money into some segment of the political economy
almost invariably has an inflationary effect. Goods and services purchased with
public money tend to increase in price faster than the CPI. U.S. Senators
participating in the CFR debate called attention to political inflationary
factors in a situation where the only public money has been that committed to
Presidential campaigns but where the prime driver has been heavy infusions of
private soft money. Thus, Clean Money reformers, like others who have had to
face the lessons of past reform history, can anticipate seeing their
initiatives fulfill the law of unintended consequences. By centering their
reforms on money, they will increase the cost of campaigns and make them more,
not less, dependent upon money over time.
The
latter irony does not begin to speak to yet another. Reformers, most of whom are
fundamentally
apolitical because they view politics as dirty, are putting Clean campaign
financing increasingly at the mercy of politicians. At some point, once all the
reformers hype and media attention to it blows over, state legislatures will
be increasingly reluctant to budget public money for private campaigns. This
was the case in Massachusetts even at the beginning of Clean Money initiative
implementation. The state legislatures reluctance to appropriate money led the
Supreme Judicial Court to intervene. They ordered the auction of public
property to raise money to implement the Clean Elections Act. Enough was raised
to enable Warren Tolman to undertake a multi-million dollar campaign for
Governor whose reliance upon negative advertising helped to discredit the Act.
Thus, when legislators hostile to the Act, headed by the Speaker of the House,
put up a ballot question that asked whether voters wanted to use public money
to finance political campaigns, the initiative was passed. So Clean Elections
became a dead letter in Massachusetts. These initiatives havent fared much
better in other states. As indicated earlier, only Maine reports some limited
positive impacts, but a recent study may serve to further undermine the
credibility of Clean Elections, even in Maine.
The
field of public finance helps to provide some additional perspective on the
issue of taxpayer subsidies for political campaigns. This is the so-called
dead weight issue. Subsidies are a wasteful dead weight to the extent that
they subsidize activity that would have been undertaken anyway. Theres a lot
of this in Clean Elections. Nearly all of incumbents would be running for
re-election. Theyre subsidized, along with a significant portion of the
politically interested who would run for office even if public funding werent
provided. Especially from an economists standpoint, its pretty amazing that
this issue was not raised in the Clean Elections debate in Massachusetts.
Already, in a state where the Legislature was challenged to appropriate $10
million to implement the Act, there were complaints from proponents that Clean
Elections would be under-funded at a level of $22 million. Given the
inflationary issue already noted, the amount of subsidy is likely to be a
bone of contention year after year in state Legislatures faced with the
challenge of implementing such initiatives. The state fiscal crisis provided
the final death knell, providing a ready-made excuse for the state legislature
to kill the Clean Elections Act, in Massachusetts in 2003.
Given
the high degree to which the overall elections subsidy is dead weight, an
economist would have to conclude that Clean Elections is a pretty inefficient
solution to the campaign financing problem. In a way, thats not surprising,
since the costs and benefits of peoples time hasnt been figured into any
overall cost/benefit analysis (there hasnt been one). Whats ironic here (and
again!) is that reformers tend to want efficiency in politics.[14]
As if anyone with any political experience had any reason to believe that
politics could be efficient. Or shall we count inefficiency as another
example of the law of unintended consequences that has plagued CFR
initiatives all along?
Overall,
the most important legislative common denominator between the federal-level
McCain-Feingold and state-level Clean Money reform initiatives is clear: They
both certify the dominance of money in politics and further diminish the
importance of people. The latter irony is not funny at all. It is rather
threatening to the future of our democratic republic.
Recall
the remarks of Ben Franklin to those waiting to hear the results of the 1787
Constitutional Convention in Philadelphia. When asked what the Convention had
accomplished, he responded: A Republic, if you can keep it. The danger of
losing it is further aggravated by the fact that so-called reforms at both
levels will weaken parties that, as a national survey reveals in Chapter 5 of
my new book, are already weak at the grass roots with respect to their local
party committee foundations. Traditionally, these committees have relied
heavily upon volunteers. It is also ironic that McCain-Feingold would ban soft
money that was intended for party building and could have been devoted to
such activities by re-directing rather than banning it.
During
the Senate debate on the Hagel amendment to S.27, Senators Hagel and
McConnell
pointed to the negative consequences of the bill for political parties
another state/federal common denominator. Unfortunately, as indicated
earlier, the negative consequences of state-level reforms for parties has not
figured in debates over Clean Money initiatives even though they are
potentially more adverse. Without strong parties, how is the great American
majority of unorganized, unaffiliated, independent individuals to make a
difference in the political process? The answer is: They wont. They will be
effectively dis-empowered -- spectators of the political game and consumers
of pundits political pablum, their role simply that of voters for the usual
suspects, not that of citizen producers or political players. Some years
hence, when it becomes amply clear that the political class cant do it all for
us, there will be hell to pay as the class minority faces an angry
majority.
As
this article was completed, the Bipartisan Campaign Reform Act (BCRA) awaited
Supreme Court review. A federal district court had ruled some of the Acts soft
money and issue-advocacy advertising prohibitions unconstitutional. Then the
Supreme Court, ruling on another case, found in a 7-2 decision that a North
Carolina anti-abortion group should not be allowed to make direct contributions
to candidates and campaigns from its general fund instead of its PAC. A
decision in favor of the group would have resurrected soft money with a
vengeance, since corporations and/or unions could make unlimited contributions
to such general funds. Thus, one editor was led to comment that this ruling is
an encouraging indicator that the court may not be too hostile to the
.Act.
Whether a decision substantially upholding the Act, however, would serve to
resurrect peoples political participation is another matter, one on which
one is hard put to be optimistic.
Its
easy to criticize and forecast dire consequences due to various reform
initiatives. But can one come up with a better way? We can, one that recognizes
the value of peoples time, all that most people have to contribute, and
provides incentives for them to be involved as actors, not just observers, in a
political system that should be THEIRS and that their participation can recover
as theirs. Now that youve seen this bold claim, youll have to wait a few
months until WE, THE PEOPLE is published to see how it can be
fulfilled. Remember, short-term-itis, our hankering for instant gratification,
is part of our problem!, so dont be tooo impatient. Read on!
Florida & the Count
In addition to and advance of advance of final passage of
McCain-Feingold, the last hurrah of the Y2K wavelet of reform was the reaction
to the Florida count and recounts. The hue and cry over the extended count in
Florida led to a flurry of electoral reform proposals, many of which are
still floating around in the halls of Congress and various state legislatures.
These focused on changes in voting machines and procedures, rosters of
registrants, ballot designs and election board workers. It would be very easy
to get tangled among the trees of various proposals and quite lose sight of the
forest of reform. It is remarkable, in fact, how this electoral category of
reforms was disconnected from any larger reform agenda, including even the
money-only agenda of McCain-Feingold. Is this another example of the right hand
of government not knowing what the left hand is doing, or of legislators being
unable to balance or connect two thoughts in their minds at the same time?
Ironically,
the state of Florida, where the bomb went off, is one of the first states to
rebuild, remarked Kay Albowicz, Communications Director for the National
Association of Secretaries of State.[15]
Early in May, 2001, the Florida legislature approved and the Governor, Jeb
Bush, signed, a bill to overhaul the states election system by:
¨
requiring
manual recounts of ballots in close elections.
¨
banning
punch-card ballot machines.
¨
streamlining
absentee balloting.
¨
lengthening
from 4 days to 11 the amount of time allowed to certify general election
results.
¨
appropriating
$24 million to help finance the acquisition of new voting equipment by
providing $3500-7500 per precinct to pay for optical scanners. Counties that
want to use touch-screen technology can opt for this if they can afford it.
¨
providing
$6 million for better education and training of poll workers and voters.
¨
setting
uniform guidelines for manual ballot recounts.
The
only link to CFR was a provision that would eliminate state matching funds for
out-of-state campaign contributions. This is a feature that should be picked up
by other states. Its the state analogue to federal law designed to cut the
influence of foreign money. Out-of-state money could talk with a louder
voice than the views of down-home voters. This provision was denounced by
the Democrats, who were looking to out-of-state contributors to help unseat
Gov. Jeb Bush in 2002. As for the education and training feature, this
promises to circumvent the traditional role of political parties in this
regard. To the extent that it does so, it would serve to further weaken
parties.
Florida
put money on the table to fund its reforms. The failure of other states to do
likewise truncated reform efforts or put their implementation on hold. Such was
the case in Georgia even though Georgias effort was ahead of Floridas both
technologically and in time. Gov. Roy Barnes signed legislation in April, 2001,
to place touch-screen voting systems in all precincts, but as of last reporting
Georgia was still waiting for the money.[16]
So are election officials in many other states, even though more than 130 bills
related to election reform have been signed into law and more than 1,000 were
pending in 35 states as of summer, 2001.
Another remarkable feature of these reform debates is how the political role of us ordinary people was, once again, excised or diminished in the reform picture. Most attention focused on technology as the source of solutions. So manufacturers of high tech voting machines had a chance to peddle their wares and advocates of electronic voting via the Internet could tout digital democracy. Weve already encountered the latter in last months SPECTACLE. Its so typically American to look at technology for a fix. Reform was very narrowly construed even though the claims of dis-enfranchisement, etc. could have been heard to raise broader issues.[17]
So
what people were talked about? election board workers, among the pillars of
local democracy those who work long hours at low pay on election day. They
are among your neighbors. They check you in, check you out and help you out, if
you need help, at the polls on election day. They include many grandmas, some
disabled and some un-or underemployed locals who could use the beer and pretzel
money ($60-75 per day) supplied by city or town clerks.[18]
And
how were they talked about? as among the sources of electoral malfeasance or
incompetence thought to have denied some people their vote, rather than as
essential sources of help in the elections process. Thus, among proposals for
reform are those that would remove the role of political parties in
nominating board workers by selecting election helpers on an independent
(non-partisan) basis, with training and oversight to be provided by state
agencies rather than political parties or local government. One of the last
little perks that parties can provide to local activists would be gone.
Rather than recognizing the role of local political party committees and
building on their ability to mobilize volunteers, reformers are trying to put
more nails in the coffins of parties and to take another step towards
federalization of elections.
The
role of local government in elections is being scrutinized with a very critical
eye by national observers who appear to have little or no political experience,
for they have finally woken up to the fact that the conduct of elections is a
localized responsibility. The NEW YORK TIMES editorialized: For
too long, local governments have been left to conduct elections with
insufficient resources and guidance (Feb.5, 2001). The TIMES was shocked, shocked
to learn that the margin of error could vary so widely across jurisdictions
(December 17, 2000). So some are now calling for national election standards,
at least for Presidential balloting at the federal level, or at least to ensure
uniformity within states. The ECONOMIST pronounced, for example:
America needs a root-and-branch reform of its voting system It needs a
national system of voting and it needs to embrace the wonders of modern technology. [December 9, 2000]
In
keeping with the above thinking, Democrats on the U.S. Senate Rules Committee
deliberating
on what the Congress should do in the wake of Florida 2000 were pushing for
federal mandates that the states take certain actions.[19]
If
some people are losing their votes at local polling places, is the state or
national elections system to blame? Hardly. Where were the voters of Palm
Beach County when the fabled butterfly ballot design was up for review? Who
among them was present at a County or City Council meeting or election forum to
ask questions when a candidate for City or Country Clerk was up for the job?
Here, as in other areas of concern, local voters lack of attention is the root
problem. Whats the most appropriate solution in a decentralized system? not
federalization of elections or even greater state control, but local
initiative. As Chris Matthews, host of Hardball put it on C-SPAN: People
must put the pressure on locally [Washington Journal, with Brian Lamb, on
Friday, the 13th of April, 2001]. Of what value is a Voters Bill of
Rights if there is no voters responsibility?[20]
The
latter issue was nicely highlighted in a letter to the editor of USA
TODAY in response to the Florida reform package described earlier:
in all of this, no mention is made of the voters responsibility to vote correctly there are several safeguards to be sure that the process is carried out correctly.
·
First,
be familiar with the ballot. Its usually sent out 1 to 2 weeks prior to voting
and is published in the local newspaper. If you dont understand your ballot,
consult a friend, relative, attorney or your (local) supervisor of
elections.(or town or city clerk, et.al.)
·
Second,
be sure you have the required proper identification with you at your voting
precinct
·
Third,
know your precinct and polling place to avoid going to the wrong place
·
Last,
and by far not least, do your homework with regard to the candidates
[21]
To
the latter, one might add with regard to ballot questions. I am especially
sensitive with regard to these, not only because such questions reflect the
closest thing that we have to direct democracy, but because my own failure to
vote on several of them during the 2001 Town of Merrimac election provides a
good example of how easy it is to fail to exercise a voters responsibility.
What did I fail to do? to simply turn the ballot over after voting for
candidates. Boy, was I pissed when I realized that I had not voted on the
questions after casting my ballot! There were four. They were all important.
Most were controversial, including funding for the school budget, a new library
and the Towns share to enable participation in the states new Community
Preservation Act. All had been discussed in a prior Town Meeting which I had
attended. I prayed that the vote tallies on these wouldnt be as close as the
election in Florida, so that my failure would spell results one way or the
other. Luckily, this was not the case.[22]
Who
did I blame for my undervote the Secretary of State? The Town Clerk? The
Election Board workers? The Supervisor of Elections? None of the above. Like
those who railed against the butterfly ballot in Florida, I suppose I could
have complained that the ballot was poorly designed. After all, the
Instructions to Voter box at the top of the ballot did not advise the voter
to look for Ballot Questions on the other side. But there was a reminder to
turn ballot over and continue voting at the bottom of the ballot. Should I
blame the Town Clerk for the fact that this was tucked without super highlighting
just below Sewer Commissioner, an office for which there was no contest? I
blame only myself. I wanted to vote on the questions, and there had been a
sample ballot posted inside the polling place with both sides showing, just
before the table where voters check in with the election board workers and
registrars.
This
personal aside reinforces the point made by the letter writer to USA
TODAY. Its rather curious, in fact, that politicians running about and
speaking out to show that they were doing something about the problems in
Florida were loathe to ask what proportion of the problems might be due to
individuals mistakes or shortfalls in voters responsibility; i.e., those
things that we are capable of doing ourselves if we simply pay attention and
follow the basic steps noted in the letter to the editor.[23]
These days, with people and media being the way they are, one sometimes has to
sound outrageous to make a point. So, here it is from George Carlin:
I think that if you are too stupid to know how a
ballot works, I dont want you deciding who should be running the most powerful
nation in the world for the next four years.[24]
Thanks
for the slap, George; I needed that! (and did you, too?) Isnt it ironic that
were trying to export American electoral democracy to Iraq while voting
turnouts continue to be embarrassingly low at home? How many voters would react
to more aggressive GOTV efforts as in the following cartoon?
Its
important to note that the problems uncovered in Florida were not new; they
were simply thrown suddenly into high relief, given the lack of attention
previously paid to them and the closeness of the Presidential vote. Various
improvements that might have avoided the Florida debacle had been on the table
for over many years. According to Sharon Priest, Arkansas Secretary of State
and Chairwoman of the National Association of Secretary of States Task Force
on Election Standards:
weve got resolutions from meetings going back
twenty years
There is nothing, at least to people in the elections business,
new or earthshaking
Part of it is the simple task of following the laws that
are already on the books
and part of it is looking at what the best practices
are
There is no need to reinvent the wheel.[25]
A
former prosecutor in northern Florida, David McGee, said voting fraud was also
a
great
tradition in the state, although malfeasance is most likely in races for local
offices
[26]
There
are best practices as well as bad examples to be seen at the local level as
well as across states. They range all the way from Princeton, NJ (among the
best) to St.Louis, MO (among the worse). Local variations are due primarily to
local factors, including citizens political participation. Those of us who
vote get to know their local election board workers. They are often sweet
little old men and ladies who have lived in the area since Hector was a pup,
who may have been recommended by local party leaders and who need a few extra
bucks in their pockets. The City, Town or County Clerk need not be a stranger,
either, and if you dont like him or her, you can show up and speak out at the
annual public hearing where the Clerks performance is up for review. You can
also show up at the Clerks office when there is a drawing for ballot positions,
to check whether there are any sticky fingers at work. You yourself can
volunteer to be a Board Worker or poll checker. You can check on the local
ballot design. You can gather at City or Town Hall to observe the counting of
ballots, cheer the winners and console the losers, some of whom are likely to
be friends or neighbors. Etc.
Thus,
even though the U.S. Civil Rights Commission Report on Y2K voting in Florida
disagrees, the roots of election reform also lie in local action.[27]
If state or federal authorities can provide incentives or matching grants to
local authorities to help the less-than-best finance local improvements,
including improved equipment and higher pay for election board workers, so much
the better.
After
all the hue and cry generated by Florida had died down, the elections reform
issue, like McCain-Feingold, also came down to a matter of money. Good
intentions and high rhetoric ran into low budgets as state finances hit the
wall of a recession, growing deficits and Republican federalism. Hundreds of
bills were introduced into state legislatures all over the country. Then they
waited upon federal assistance to buy new voting technologies, etc., and they
waited, and waited
. As of this writing, only two states had passed major election
reform initiatives Florida and Georgia. To avoid a repeat of the Florida 2000
controversy, the Florida legislature enacted clear standards for ballot
recounts and provided funds for new voting machines. There were some good
results to be seen during the 2002 elections.
Other
Propositions for Election Reforms
Even
while all this was going on, some election reform nostrums left over from past
waves of concern were getting some attention, too. Term limits, for example.
These had been passed in many states and cities during the 90s. Now
politicians and some voters were facing the consequences of their past I&R
success. The New York City Council, for example, woke up to the fact that a few
dozen of them would be required to give up their well-paid, perk-laden
positions. A motion to overturn voters intent was narrowly defeated. Term
limits there and in many other locations caused the music to start earlier in
the political game of musical chairs. Many incumbents hustled to find other
positions to run for so that they could continue in public service.
One
noteworthy exception, who views himself as a living example of term limits,
is Gov. Mark Johnson of New Mexico. He views his public service stint as a
great opportunity, something he has always wanted to do, but not as a career.
He had a successful career as an entrepreneur before entering politics and
perhaps looks forward to a successful second (or 3rd) career outside
of politics.
Long-standing
but relatively dormant recommendations for other election reforms resurfaced in
light of alleged civil rights violations in the Florida voting and of Reform
and/or Green Party candidates not being allowed to participate in Presidential
or Congressional debates during the Y2K election season. These other reforms
include:
à
Proportional
representation
à
Instant
runoff voting
à
Changes
in redistricting and/or the sizes of legislative bodies
à
Abolition
or reformation of the Electoral College
à
Voting
outside the box via mail, on-demand absentee voting, or in-person early
voting.
à
Cumulative
voting
The
first five have been getting some serious attention. Lets focus on them.
Remember Lani Guinier, Clintons erstwhile appointment to the Justice
Department, withdrawn because of her supposedly extreme-liberal views on
affirmative action and voting rights? Well, she has been one of the leading
proponents of proportional representation(PR). This is an election system
much used in Europe and many other countries worldwide whereby the number of
seats in a legislative body are allocated in proportion to the votes gotten by
various parties who qualify to participate in an election. It is very different
from our winner take all system. As things now stand, the Reform Party would
have to win a majority of voters in each of 44 Congressional Districts in order
to hold at least 10% of seats in our House of Representatives.(10% of 435,
rounded off, is 44). Under a PR system, the Reform Party would get 10% of seats
if it earned 10% of votes nationwide.
Advocates of PR claim, with some credibility, that such an elections
arrangement would overcome obvious shortcomings of winner-take-all;
specifically:
§
Low
voter turnouts: Turnouts in countries with PR are much higher than in the U.S.
§
Inadequate
representation of minority groups, interests or parties: As indicated above,
these can be represented and have some influence even without winning
majorities.
§
Gerrymandering
= the manipulation of legislative district lines by state legislatures to
create districts with boundaries tortured to suit powerful incumbents or
minority groups: PR makes this far more difficult.[28]
Two
of the primary objections to PR focus upon:
1.
Loss
of representation based on geography: With PR, voters find an ideological
home rather than a geographic one.[29]
2.
Possibly
insufficient transparency, accountability and/or governability: Due to shifting
inter-party coalitions and a weaker connection between public opinion and
public policy, among other factors.
PR
is not a new idea. Its left over from the Progressive Era of about a century
ago. Several cities adopted and later repealed it. The approach is still used
by only one, Cambridge, Massachusetts to this day.[30]
As a result of both domestic and foreign experience, a great deal has been
learned of how to adapt PR to various goals and circumstances. It is adaptable.
It could be mixed and merged with our current system, for example. The
advantages of PR relative to its disadvantages are sufficiently strong to
justify its adoption by some states, which could then be viewed as
laboratories for testing the approach on a broader scale. Its a big country,
with lots of room for creative variations in election systems to better align
them with regional, state and/or ideological preferences. Theres not a Constitutional
issue here. Changes in state and federal law would suffice.
A
bill was introduced in the House to enable states to adopt PR. During the 108th
Congress, this was referred to as HR 1189, the Voters Choice Act.[31]
It would have repealed a 1967 statute mandating single-member districts. The
billing given this initiative by the Center for Constitutional Rights, however,
seems quite exaggerated:
The goal of the Voters Bill of Rights is to
correct the flaws in the administration and machinery of elections and to press
for far-reaching reforms aimed at creating a more participatory democracy in
our country.[32]
Adoption
of PR by some states would help to loosen up the system as it currently
stands, reduce the sense of disenfranchisement felt by many voters and
encourage the formation and growth of new parties.
Another
reason for giving serious consideration to PR is that it would or could
dovetail nicely with two of the other election reforms mentioned earlier
instant runoff voting (IRV) and changes in the sizes of legislative
districts. Look at the latter first. The number of Congressional Districts has
remained unchanged as the countrys population has grown, so that the ratio of
Representatives to population (now about 1:500,000) is much, much larger than
the founders ever envisaged. Thus, a strong case can be made for increasing the
number of Districts and/or increasing the number of representatives per
existing District. The latter would jibe with PR, which requires multiple
rather than single-member district representation.
PR
also goes hand-in-glove with IRV, via which voters rank their choices. If one
fails to get a clear majority, then the candidate with the fewest first-place
votes is eliminated, and ballots cast for that candidate are transferred to the
second choices on voters ballots. This process of transferring votes
simulates a series of runoff elections
until one of the candidates has a
majority.[33] Thus, IRV
can serve two purposes:
1.
save
money for taxpayers and campaign cash for candidates by combining two elections
into one;[34] i.e., by
eliminating another leftover from the Progressive Era primary elections,
which have become increasingly wasteful and dysfunctional, as primaries attract
very low turnouts that are dominated by highly motivated political factions
rather than by voters representative of the public at-large.[35]
2.
Elect
the top two or three candidates from a longer list.
Surprisingly,
IRV appeared to receive no mention in media coverage of election reforms that
were reactive or responsive to the Florida controversy. This is surprising
because, otherwise, IRV seems to have been the topic of increasing coverage in
the news. This is evident from Electoral System Reform in the News, a
tracking service of the Center for Voting and Democracy accessible through the
Centers website. Over the period Nov., 2000 to June, 2001, two-thirds of 118
in the News citations provided some focus on IRV.
The
journalistic interest in IRV has been reflected in a number of legislative initiatives.
Of four bills dealing with various aspects of electoral reform introduced into
the 107th Congress, one would study IRV as well as PR and other
pro-democracy reforms.[36]
At the state level, 9 of 12 states where electoral reform legislation has been introduced
report initiatives that would provide for IRV use for various elections. A bill
introduced in Massachusetts would have that state study the feasibility of
introducing IRV.[37] A former
Member of Congress, Mickey Edwards, now at the Kennedy School, has been
advocating IRV adoption as a way to make elections more democratic (as in the
op-ed piece cited below in footnote 35).
As
for the Electoral College, its interesting to note that some of those
advocating its reform rather than its abolition are, in effect, advocating a
form of PR for the College whereby the number of electors designated to vote
for each Presidential candidate would be proportional to the popular vote
received by each candidate by state and, thereby, overall, so that the vote in
the College would more closely reflect the popular vote. As suggested earlier,
the danger here is that some advocates, contrary to the very nature of our
Constitution, would rather see the U.S.A. be a unitary state than a federal
Republic. Thus, they would federalize elections, preferring to perfect our
elections system from the top rather than have to deal with a messy,
error-prone patchwork of arrangements from the bottom. Rather than this
unconstitutional approach, several states have introduced, and some have
passed, legislation that aligns the number of the states electors more closely
with their popular votes for President.
As
for voting outside the booth, the jury is still out as to whether changes in
election laws to enable this are a step forwards or in the wrong direction.
Opinions differ. Many view changes that in any way make voting easier or more
convenient to be desirable changes.[38]
The National Commission on Federal Election Reform, however, endorsed the
proposition that:
voting at the polls serves basic and
historically rooted objectives, adding that The gathering of citizens to vote
is a fundamental act of community and citizenship
Though this (voting outside
the booth) trend is justified as promoting voter turnout, the evidence for this
effect is thin
voter turnout may even decline, as the civic significance of
Election Day loses its meaning.[39]
In
a letter to the editor commenting on the article in which the above quote
appeared, Mr. Jim Triggs of Edina, Minnesota wrote: voting is not meant to be
convenient. Its a responsibility that we should all cherish. Another letter
writer, William C. Brown, of Urbana, Illinois, chimed in to admonish: The
Dangers of Voting Outside the Booth
does not go far enough. Not only should
citizens vote in person, but those votes should be counted by people. [40]
Postscript to the Y2K Election
So,
what about voting? After all the counting was done, was there any sign of
peoples participation in the 2000 elections after the presidential primaries?
Yes, there were some, followed by some more in 2002. While not enough to mark a
remarkable change in American politics, they suggest that political parties and
campaign managers can win by bringing people back into the political game.
The
last several days of campaign 2000 were characterized by Ringing Phones,
Chiming Doorbells, Stuffed E-mailboxes: The Great Voter Roundup.[41]
But last minute exhortations were
just the warm-up for Tuesdays main event: a
military-style mobilization of hundreds of thousands of campaign workers
to
drive people to the polls, hand out literature outside polling
stations
knocking on doors and making phone calls
This is a latter day
sidelight of politics as it used to be -- now showing a renascence?[42]
The
pre-election day report from which the above quotes are taken noted that the
Republican Party expected to field 100,000 volunteers; the Democratic Party,
surprisingly, only 50,000. The AFL-CIO, however, expected to put 100,000
campaign workers on the streets, while the UAW hoped to swell these ranks with
800,000 members who, for the first time, have been given Election Day off as a
paid vacation day. Meanwhile, the National Abortion and Reproductive Rights
Action League was pulling to call another 800,000 and the Sierra Club, 75,000.
Can these impressive numbers be registered as representing a resurgence of
grassroots political participation, when most seem to be involved because they
already had a political ax to grind?
Also:
For all that effort, political analysts still predict(ed) that Tuesdays
(November __, 2000) election will continue the historic slide in voter turnout,
which dipped below 50 percent in 1996.[43]
Yet, here, and later in 2002, the pundits were wrong. There was a modest
turnout increase in both
caused by something that had almost been seen as
extinct grassroots mobilizing and get-out-the-vote activity in key states.[44]
Similar activity had made a difference in key congressional districts in the
98 mid-term elections. In 2002, The largest turnout increases were largely
concentrated in states with high-profile close contests and where the
candidates, parties and interest groups put
greater resources than in recent
elections into grassroots get-out-the-vote efforts. If there is any doubt that
such efforts made a difference, look at the close races where the swing votes
served to change the power equation in the Congress; again, contrary to the
prognostications of most so-called political analysts. Also contrary to the
usual political expectations (or stereotypes): The Republicans clearly
outorganized the Democrats.[45]
So, are we seeing signs of a conservative populism?[46]
Whatever. If ordinary people can have such an impact as little tails wagging
on the big money dogs of national election campaigns, imagine what they can do
as citizens taking responsibility for their politics? Put the recent experience
in context and then extrapolate. As the Committee for the Study of the American
Electorate (CfSAE) observed in its release cited earlier:
while
the budgets for such (grassroots) activity in both (2000 and 2002) elections
did not
come
close to rivaling the moneys poured into political advertising, any commitment
to personal (political) contact activity is a welcome change.
Indeed,
and recent election results provide hope and point the way, that such activity
may increase.
Clintons
departure from the White House: Was it a climax to the Politics of
Narcissism?, or a prelude of more to come? What legacy has been left to us by
a man who often seemed preoccupied with the question of what his legacy would
be?
Clinton
served to bring democratic politics to a new low; now to a point from which,
hopefully, it has nowhere to go but up. Let us hope that he was the last great
star of a political star system promoted by Hollywood, the media and the high
proportion of people who look to charismatic leaders and political careerists
for solutions to our political problems. Bubba advanced the politics of
spectator sports, of personality, of political careerism, of pseudo events
and of money and media all the features of politics that have turned it into
a pols game rather than a citizens exercise. Notwithstanding his talent as an
eloquent public speaker, he lowered the tone and depreciated the coin of our
public life.
Unfortunately
for a man of great ability who modeled himself after JFK, the main postcript
centers on his sex life, or, as he would have it, nonsex activity.
To the insecure male, power without access to and
dominance over women is not worth having
A significant portion of a generation
of aspiring Democratic politicians patterned themselves after John F. Kennedy.
This emulation
sometimes included the pattern of scoring with as many women
as possible
It may be that he (Clinton) was willing to risk his power for this
because being in such a position relative to women has
been the subconscious objective of his quest for
power all along.[47]
When
the quest for power comes to focus on empowerment of self over (an) other, then
the ideal of democracy as expressed by Lincoln has been lost, by definition as
well as in actuality. This is why Clintons legacy represents an abridgement of
the American dream found in Rockwells painting(s) as well as in Lincolns language.
Its ironic that such a big-D Democrat turned out to be such a small-d
politician and that a man who was so inspiring a leader in words should be so
lacking true political leadership in terms of action. The upside, as others
have remarked, is that Clintons final term may have marked the end of the
imperial Presidency.[48]
Where will the so-called reforms of the Year 2000 take us? Towards
1984 as pictured by Orson Welles, or towards 2001 as envisaged by Stanley
Kubrick? our lives directed by a controlling authority, whether computerized
like the movies Hal or not, everything OK as long as we stay asleep and
dont question the system? Or, in the words of Abraham Lincoln, towards a new birth
of freedom
so that the government of the people, by the people and for the
people shall not perish from the earth.
We have seen that the year which, in terms of reform, began with a
bang, ended in a whimper. Oh yes, some modest steps in the direction of
political reform were taken, such as commitments to invest in better voting
equipment, procedures and standards for re-counting ballots in closely
contested federal elections, some chastening of the medias aggressive election
day exit polling and coverage techniques, and passage of some CFR
initiatives. But the real wind behind the sails of reform the wind of
enthusiastic volunteers doing more than blowing hot air this wind died down
when competition ended for the major parties Presidential nominations. It
seems as if BoY enthusiasm has been replaced by EoY pessimism.[49]
As Bette Midler lamented near the end of The Rose: Wheres everybody going?
Wheres everybody gone to?[50]
Yet, it sometimes helps to remember the inspiring words of Margaret Mead, the
late, great anthropologist:
Never doubt that a small
group of thoughtful, committed citizens can change the world; Indeed, its the
only thing that ever has.[51]
Strong people and great ideas go together. Unfortunately, its not just
strong people (thoughtful, committed citizens) that are missing from the
political reform picture as a result of Y2K and its prior political history.
Great ideas are missing, too. The prevailing reform agenda is little more than
a rehash of the Progressives program of over 100 years ago.[52]
We have seen, and others have documented in detail how, in 60s parlance,
this old agenda has long since been a major part of the problem, not part of
the reform solution.[53]
So, wheres a reform agenda that can excite peoples participation like that we
saw in New Hampshire during the late winter and early spring of Y2K?
Lets see whether we can imagine a new agenda. Lets try to gather some sheaves
and lumber to at least begin to build it out.[54]
As the National Civic League observed: Now, one hundred years after the last
Progressive Movement began, the cynicism and disillusionment with the modern
political process calls for a new spirit of activism and a new wave of
political reform.[55]
[1] Reference here is to the handshake of President Clinton with then Speaker of the House Newt Gingrich , when they reportedly agreed to cooperate in pursuit of CFR.
[2] Heinlein (1992), op.cit., and Bearse, P.J., WE, THE PEOPLE (forthcoming later this year).
[3] Quoted by Marlantes, Liz (2003), Outsider Dean fires up left,THE CHRISTIAN SCIENCE MONITOR (June 23), adding that If Deans online network grows (via another Internet service, meetup.com), it could form a grass-roots army of volunteers to knock on doors and hand out leaflets (p.4).
[4] Thus, Dick Gephardt complained of vote-rigging on behalf of former Vermont Gov. Howard Dean in the Moveon primary, as reported by another Internet political news letter, The Weekly Politiker of 6/20/2003, produced by politicsonline.com. Some other candidates also complained, although they had some opportunity to try to mobilize their supporters for the Internet primary via e-mail(s),
[5] Franke-Ruta, Garance (2003), Zero Sum: Why Moveon will be the real winner of its own presidential primary,THE AMERICAN PROSPECT, Internet edition (June 25, p.3).
[6] One amendment that was adopted called for TV networks to provide time for political advertising at their lowest rates to federal candidates who abide by the rules of McCain-Feingold. Senators felt that their advertising should not have to compete with commercial advertisers for time and space.
[7] Private e-mail communication to the author during August, 2000.
[8] Editorial, The Senate Shows the Way (Monday, April 2, 2001).
[9] The quoted phrase is borrowed from David Osborne (1990), LABORATORIES OF DEMOCRACY, whose book revealed how states, led by a new breed of governor, were leading the way towards solutions of many public problems.
[10] As for the local level, see the report on Local Campaign Finance Reform from the National Civic League, Washington, D.C.
[11] Walker, Adrian (2001), The Will of the People?,BOSTON GLOBE (March 1, 2001).
[12] As suggested by the example of another state, Minnesota, whose enactment of state campaign finance reforms including public financing precedes the recent wave of Clean Elections initiatives. Tony Sutton, Executive Director of the Minnesota Republican Party, reported: not only candidates but parties take public money in Minnesota. A press release from the Campaign Finance and Public Disclosure Board said: For the 1999 tax year $72,630 was distributed to the state parties E-mail to the Politalk e-forum on campaign finance reform (3/2/2001). Yet, even here, the parties role is quite minimal. $72,630 is only 6.6% of the total public finance disbursements under the Minnesota elections statute in 1999.
[13] For example, see Broder, David (2001), DEMOCRACY DERAILED: Initiative Campaigns and the Power of Money. New York: Harcourt, Inc., and Lipow, Arthur (1996), POLITICAL PARTIES & DEMOCRACY. London: Pluto Press. Also note the anti-Davis referendum in California.
[14] This is a sharp insight of Wilhelm (1985) arising from his discussion of CFR and time.
[15] As quoted by Dana Canedy in Florida Leaders Sign Agreement for Overhaul of Election System,THE NEW YORK TIMES (May 5, 2001).
[16] Seelye, Katharine Q. (2001), Little Change Forecast for Election Process,THE NEW YORK TIMES (April 26).
[17] U.S. Civil Rights Commission Report (2001)
[18] This does not deny the need for careful selection and some training of election board workers, which political parties and/or local election authorities should be providing. Abigail Thernstrom, member of the U.S. Civil Rights Commission investigating the Y2K Florida voting disputes, stated on C-SPAN that we heard a lot of bad poll worker stories. (Washington Journal, June 28, 2001).
[19] As reported by Katherine Seelye in Senators Hear Bitter Words on Florida Vote,NEW YORK TIMES (June 28, 2001).
[20] Reference is to a 10-point set of proposals put forth by coalition called the Pro-Democracy Campaign over the Internet and discussed at a Pro-Democracy Conference in Philadelphia on July 6-8, 2001. See Seelye, Katherine (2001), Liberals Discuss Electoral Overhaul,NEW YORK TIMES (January 21).
[21] Letter from Jim Wright, Clearwater, Fla., in the USA TODAY issue of Friday, June 15, 2001.
[22] Luckily, indeed. The closeness of many of the tallies underlines how every vote counts. One local office was decided by only four votes! Two of the four questions were decided by 25-30 votes.
[23] Voter spoilage rates in the disputed Florida counties, computed by the U.S. Civil Rights Commission, summed counts of under- and over-votes in their numerators. Undervotes were those where there was no vote for President, not unusual in a race where significant numbers of people didnt care for either candidate. Overvotes were ones where more than one candidate was punched, which could well be the result of voter error in significant numbers of cases.
[24] According to George Carlin, June 18, 2001, as received via second-hand e-mail.
[25] Quoted in Seelye, Katharine Q. (2001), Panel Suggests Election Changes That Let States Keep Control,NEW YORK TIMES (February 5). Let? Arent we a federal Republic under the Constitution?
[26] Silverman, Gary (2000), How vote ended up in a very odd state,FINANCIAL TIMES (November 9).
[27] During a debate on the Report on C-SPANs Washington Journal of June 28, 2001, Christopher Edley, Member of the Commission, stated: I hope that the Report will galvanize action in the Congress and at the state level as well, with no mention of action at the local level even though the Commissions analysis of elections data relied upon county and precinct-level data. And even though Abigail Thernstrom, a dissenting member of the Commission stated flatly that there is no evidence of racial disenfranchisement in the data, we should remember that local discrimination against blacks voting in the South was a prime impetus behind the civil rights movement and the Voting Rights Act of 1974.
[28] On this and other points, see The Case for Proportional Representation, by Robert Richie and Steven Hill. BOSTON REVIEW (February/March, 1998). Online at WWW.polisci.MIT.edu/BostonReview. Richie and Hill are Executive Director and West Coast Director, respectively, of the Center for Voting and Democracy, a good resource on election reforms, online at WWW.igc.org/cvd/.
[29] Richie and Hill, op.cit., p.14.
[30] Cambridge still fancies itself as progressive. The City Council recently voted to lower the voting age to 17, the first city to do so. Associated Press (March 26, 2002).
[31] Unfortunately for the bills credibility, it was introduced by Rep. Cynthia McKinney (D,GA,4th CD), who was discredited as a Congresswoman and defeated in her quest for reelection in 2002.
[32] Statement included in the Centers announcement of a Pro-Democracy Convention in Philadelphia, June 29-July 1, 2001, found online at WWW.pro-democracy.com.
[33] Richie and Hill, op.cit., p.6.
[34] Richie and Hill, op.cit.,p.9.
[35] There are very many examples of this; e.g., the NJ gubernatorial primary of June 26, 2001, won by conservative Jersey City Mayor Bret Shundler on the basis of a light turnout. Another: Congressman Stephen Lynchs election to Congress was essentially determined in the Democratic Party primary, a contest in which 61% of 9th District (MA) voters indicated they wanted someone else to represent them (Mickey Edwards, Making Mass. elections more democratic,BOSTON GLOBE, March 30, 2002). See also Few vote in Primaries CHRISTIAN SCIENCE MONITOR (March 21, 2002).
[36] This is the DeFazio-Leach Study Bill, HR 57, sponsored by Rep. Peter DeFazio (D, OR) and Rep. Jim Leach (R, IA), first introduced on Nov. 15, 2000, and re-introduced on Jan. 3, 2001.
[37] As reported in Pending Legislative and Ballot Measures by the Center for Voting and Democracy as of April 5, 2001. The National Conference of State Legislators also keeps track of state legislation on electoral reform. Electoral reform commissions have been active in several states, so those interested in this area of reform will need to follow up to find the aftermath of a wide variety of efforts. See WWW.ncsl.org.
[38] See Leslie Waynes article, Popularity is Increasing for Balloting Outside the Box.NEW YORK TIMES (November 4, 2000).
[39] Quoted by Norman Ornstein in The Dangers of Voting Outside the Booth.NEW YORK TIMES (August 3, 2001).
[40] NEW YORK TIMES (August 4, 2001).
[41] NEW YORK TIMES (November 7, 2000).
[42] Most people dont know that there was a 12th century renascence a brief revival from the dark ages that preceded the Renaissance that began in the 14th century. Will it take 200 years for us to recover from our political dark ages?
[43] Dao, James (2000), Ringing Phones, Chiming Doorbells, Stuffed E-mailboxes: The Great Voter Roundup, op.cit.
[44] Committee for the Study of the American Electorate (2002), Turnout Modestly Higher; Democrats in Deep Doo-Doo; Many Questions Emerge. News Release. Washington, D.C. (November 8).
[45] Committee for the Study of the American Electorate (2002), op.cit.
[46] If so, the signs may amount to a weak signal or a stillborn revival. According to Ken Weinstein, Director of the conservative Hudson Institutes Washington office, the Institutes Project for Conservative Reform has folded. The CfSAE goes on to say that the underlying fact remains that the electorate is largely disengaged from politics and that (the) percentage (disengaged) is growing.
[47] McElvaine, Robert S. (2001), EVES SEED: Biology, the Sexes and the Course of History.
[48] This remains to be seen, as the centralization of power in Washington under a Republican administration! in response to 9/11, as well as our focus upon the President, seems to suggest otherwise. Many commentators have observed that big government is back.
[49] BoY and EoY are common abbreviations for Beginning of Year and End of Year, respectively.
[50] Midler, Bette and Alan Bates (1979), THE ROSE: Original Soundtrack Recording, A Mark Rydell Film. New York, N.Y.: Atlantic Recording Corporation.
[51] I had the privilege of working with Margaret Mead along with a select set of others on a special project of the American Association for the Advancement of Science during the summer of our bicentennial year.
[52] There is even some talk of a new progressive era. For example, see Peter Levines article of the latter title in the KETTERING REVIEW (Spring, 2001).
[53] For more on this point, see Syder, Claire (1999), Shutting the Public Out of Politics: Civic Republicanism, Professional Politics and the Eclipse of Civil Society, An occasional paper of the Kettering Foundation. Dayton, OH: The Kettering Foundation.
[54] As I try to do in the last two chapters of the forthcoming book WE, THE PEOPLE.
[55] Report on Local Campaign Finance Reform, p.1.