Chapter 3:
The Story of Public Financing in the States
The purpose of this chapter is two-fold. First,
it presents the basic findings of the survey and interviews
concerning Kingdon’s model of political decision-making. Second,
it presents case studies of the circumstances and actions surrounding
adoption of public financing in states with differing political
cultures. These studies may help to determine variations within
the policy generation model of state governments and may eventually
explain some of the apparent anomalies highlighted in Chapter
2.
TOP
The Policy Entrepreneurs
Partial and Full Public Financing
In nearly all instances of comprehensive partial
or full public financing, these systems can be traced to proposals
advanced by identifiable policy entrepreneurs and developed
long before public financing had reached the agenda of the government
actors in their states. The names of a few usual suspects recurred
repeatedly in inquiries about the origin of the idea of public
financing. For example, the public interest organization Common
Cause was the major entrepreneur in at least four of the six
partial public financing systems initiated during the 1970’s.
Common Cause was founded in 1970 by "Great
Society" engineer John W. Gardner as a non-partisan membership
based organization. The group "was not originally intended
to be a government reform lobby." [137]
Initially, it worked
on a national level for an end to the Vietnam War, defeat of
SST aircraft spending, and seniority reform in congress.[138]
However,
polls of Common Cause’s swiftly growing membership soon revealed
that concern about campaign reform was second only to the desire
to end the War, and the organization consequently oriented its
focus on campaign reform issues.[139]
These efforts culminated in
the FECA reform of 1974 which instituted public financing for
presidential elections. From the beginning, "enthusiastic
members pursu[ed] Common Cause goals at the state level."[140]
Acknowledging this reality, in 1972 the new Common Cause president,
Jack Conway, launched a concerted effort to mobilize Common
Cause membership around campaign reform issues on the state
level.[141]
To this day, the national Common Cause office distributes
research and model legislation to state chapters, but gives
very little direction or guidance. Thus, state initiatives rise
and fall on the energy and strategies developed by the thirty-nine
state chapters, which vary significantly in size and orientation.[142]
The League of Women Voters was established in
1920 to institutionalize women’s suffrage. However, its impact
was not strong in the institutional government reform arena
for nearly fifty years.[143] In the 1970’s, the League of Women Voters
began to take an active role in campaign reform alternative
generation. In 1971, 300 local leagues launched an Election
Systems Project designed to survey the election process around
the country.[144] At the time of the 1974 FECA revision, the League
adopted a position stating "the methods of financing political
campaigns should ensure the public's right to know, combat corruption
and undue influence, enable candidates to compete more equitably
for public office, and allow maximum citizen participation in
the political process."[145]
In the early 1990’s a series of citizen groups
in the Northeast loosely affiliated with US Action, and later
Public Campaign, also became active public financing policy
generators. Finally, in certain states Public Interest Research
Groups (started by Ralph Nader) and State Reform Parties (started
by Ross Perot) became active during the phase of policy development
and promotion as part of the broad issue network which typified
the government reform movement.
Many of the major organizational policy entrepreneurs
embrace wide-ranging "good government" missions. However,
the state level entrepreneurs and activists surrounding this
issue show a wide range of goals connected to their support
of public financing. As Ruth S. Jones, an academic observer
of Arizona politics observes, in the 1998 public financing campaign,
the reason "supporters [were] pushing the [public financing]
measure depended entirely on who you asked—there were many different
agendas."[146] In the email surveys I distributed, supporters
of public financing legislation were asked to rank their reasons
for developing or supporting public financing proposals in a
list of the major possible goals of public financing. The list
ran as follows:
- ___ To reduce corruption
- ___ To improve public perception of politics, politicians,
or government.
- ___ To increase equality or equal opportunity in the political
system
- ___ To achieve specific political/electoral goals or advantages
- ___ To achieve specific policy goals or advantages
- ___ To improve the "quality of life" or "quality
of service" of politicians
- ___ To create more competition in elections
- ___ To reduce the cost of campaigns
- ___ Other _______
There was a great deal of variation in responses,
indicating that many players supported the same legislation
for very different reasons. However, a majority of respondents
who seemed to be active in the entrepreneurial stage of public
financing development indicated increasing equality or equal
opportunity in the political system (32%) or reducing the cost
of campaigns (26%) as their main goal in developing public financing
legislation.[147] The emphasis on equality among many public financing
entrepreneurs is a striking reminder of the high level of support
for public financing among relatively moralistic and egalitarian
organizations and constituencies. Many social justice advocates
seem to have viewed public financing as a necessary means of
assuring political, not simply economic and social, equality
in America. The support from advocates of reducing the costs
of campaigns is significantly connected to the Buckley v. Valeo
Supreme Court ruling in 1976, which established that campaign
spending limits could only be imposed voluntarily. After this
ruling, public financing systems tide to spending limits became,
along with contribution limits, one of the primary means by
which "good government" advocates sought to reduce
the cost of campaigns.
It is important to note that public interest organizations
played at least two very distinct roles during the policy generation
process which must not be confused. The first, and true entrepreneurial
role, was that of developing proposals for public financing.
This research and development function was mainly fulfilled
by the chief organizers and paid staff of these organizations,
often on the national level, though state level policy generation
became successively more sophisticated as time progressed. Common
Cause, developed significant research while pushing for public
financing of national presidential and congressional races which
was eventually used by many state members. For instance, New
Jersey’s public financing system for gubernatorial elections
seems to be a direct offshoot of the presidential primary public
financing system instituted as part of the FECA revisions in
1974.
The second major function of these public interest
organizations was to serve as umbrella networks for lobbying
and pushing for public financing legislation once windows of
opportunity arose. These functions were almost exclusively pursued
at the state level, often by relatively large and overlapping
volunteer networks, which are very hard to trace. With the exception
of the ballot initiative reforms of the 1990’s, the second function
tended to arise during specific windows of policy opportunity
created by outside circumstances, and was not directly connected
with the policy generation function.
Simple Grant Public Financing
The origins of simple grant party public financing
are less conclusive. Common Cause, the League of Women Voters,
and Public Campaign do not officially support such measures
in their national position papers. The reason for this is relatively
simple. By their basic nature, simple grants accomplish neither
of the two goals cited most often by the supporters of more
comprehensive partial public financing measures—reducing the
cost of campaigns and increasing equal opportunity in elections.
Because simple grants are dispersed without any connected fundraising
restrictions, their net effect can often be to increase, rather
than decrease, the amount of money surrounding elections. Furthermore,
since simple grant measures are allocated to parties rather
than candidates, there no guarantee that the public funds are
used to increase access to the political system.
Determining the actual entrepreneurs behind simple
grant public financing is problematic. Whereas the vast majority
of more comprehensive public financing systems have been adopted
or significantly reformed in the last fifteen years, most simple
grant public financing systems were implemented in the 1970’s
and early 1980’s and have remained unchanged since. In addition
to the sheer weight of time, simple grant systems often are
very small, with some only dispersing a few thousand dollars
per year, and thus are not high on the political consciousness
of many people. Finally, though it could be a consequence of
their smaller stature, politicians, party officials, and activists
do not seem eager to claim credit for generating simple grant
public financing proposals.
The data which can be gleaned concerning the origins
of simple grant public financing measures indicates that parties
themselves, and politicians closely connected to parties, have
been the origin of most simple grant public financing proposals.
During the legislative debate over Maine’s 1973 measure, a state
senator noted that the bill "has no opponents and, again,
demonstrating unusual solidarity from both political parties,
the executive secretaries [are] forcefully in favor of this
type of legislation."[148] As Sally Davis, Executive Director
of Common Cause New Mexico, explains, "political parties
work in close connection with state legislators" and a
contribution mechanism institutionalized through the tax code
"is exactly the sort of measure they can slip in under
the radar screens."[149] Pressure from the political parties
seems to have been the primary reason for the adoption of simple
grant measures in Indiana, New Mexico, Ohio, and Utah.
Political party support of simple grant legislation
appears to be universal. However, it should be noted that in
two states, Maine and Massachusetts, at least some of the politicians
supporting simple grant provisions during the 1970’s espoused
egalitarian rhetoric similar to that advanced by later supporters
of more comprehensive public financing measures. In Maine for
instance, a primary supporter of the 1973 simple grant measure
in the House asserted that by establishing a $1 check-off for
political parties on state tax returns, "we are trying
to encourage people other than the wealthy to get into the process
of financing campaigns."[150] Both Maine and Massachusetts went
on to implement full public financing systems in the 1990’s.
Thus, it might be the case that some supporters of the 1970
simple grant measures came to believe that these systems had
not fully accomplished their original egalitarian goals, and
thus pushed for more comprehensive measures.
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Focusing Events and Opportunity Windows
Partial and Full Public Financing
In most states with partial or full public financing,
activists and public interest organizations had been developing
their proposals for years before they were finally adopted.
In nearly every state surveyed, the partial public financing
proposals were swiftly elevated to the top of the agenda primarily
by at least one of two types of focusing events.
The most common of these events was a gripping
national or state political scandal. During the mid-1970’s,
campaign reform proposals were elevated by the national attention
paid to campaign fundraising abuses brought to light by the
Watergate investigations. Interviews with public officials indicate
that it is no coincidence that the first partial public financing
systems, in Maryland, Minnesota, and New Jersey, were adopted
in 1974, the height of the Watergate crisis and the year that
the United States Congress adopted public financing of presidential
elections in its reform of FECA. The effect of national scandals
seems to be less pronounced in determining the agenda surrounding
adoption of partial public financing measures during the 1980’s
and 1990’s, but should not be discounted.
Even in the context of national events, in the
vast majority of states internal scandals played the decisive
role in catapulting public financing to the agenda. Three states,
Michigan, Minnesota, and Wisconsin, instituted partial public
financing measures mainly on the basis of national events and
concern about long-term campaign trends. However, in at least
seven of the fourteen partial or full public financing states—Arizona,
Hawaii, Kentucky, Maine, Maryland, Massachusetts, and New Jersey
—a significant local corruption scandal was a decisive factor
in opening a window for the groups supporting public financing
of elections. In addition, scandals were decisive factors in
the reform of systems in Florida and Minnesota.
The connection between government corruption scandals
and public financing is particularly striking considering that
public financing is at best an indirect method of reducing corruption.
Unlike measures creating stringent disclosure laws, contribution
limits, or enforcement agencies, public financing rarely addresses
the specific source of the corruption scandal. Instead, public
financing provisions provide a new source of political money
which would theoretically be open to abuse and embezzlement
as well. In fact, in policy entrepreneur responses to the survey,
ending corruption was mentioned significantly less than creating
equal opportunity in the political system and reducing the cost
of campaigns as the primary goal of public financing advocates.
This factor suggests that in some instances public financing
entrepreneurs successfully have tied their pre-existing solutions
to a window created by only indirectly related political corruption.
A slightly less common factor elevating public
financing to the agenda of specific states has been focusing
events bringing the rising cost of elections to public attention.
In nearly all states surveyed, public financing supporters and
officials alike cited concern about the rising cost of campaigns
as a significant reason for their support. However, in certain
states a specific focusing event, usually an election campaign
which vastly exceeded all established norms of campaign spending,
seemed to galvanize media attention sufficiently to bring a
chronic problem to the fore and raise election finance reform
to the top of the agenda. In Rhode Island, for instance, legislative
attention concerning expansion of the states public financing
law was focused by outrage at a 1990 gubernatorial election
which was the second most expensive per capita in the nation
and which exceeded the sum spent in neighboring Massachusetts,
a far larger state.[151] In Florida, by contrast, the refusal of
populist gubernatorial candidate Lawton Chiles to accept donations
larger than $100 in the 1990 campaign also focused attention
on campaign financing. Similar focusing events played important
roles in bringing public financing under consideration in Nebraska,
Vermont, and a number of municipalities, including Boulder CO,
Oakland CA, Petaluma CA, and San Francisco CA.
Simple Grant Public Financing
Agenda generation for party simple grant public
financing is less attached to specific events and opportunity
windows, and more a function of a gradually growing awareness
of a long-term problem. The idea of appropriating money to political
parties was widely used in Europe and was nearly passed as a
compromise method of congressional public financing during the
FECA revisions in 1974.[152] Interviews (as well as the very limited
nature of the majority of simple grant public financing provisions
themselves) indicate that most of the party public financing
systems were designed to support the political party bureaucracy
in a shifting campaign environment rather than to directly aid
candidates themselves. Indeed a number of state measures even
bar direct transfers of public funds to political candidates.
A byproduct of increasingly expensive televised
campaigns during the 1970’s was a re-orientation of power toward
candidates and away from political parties. In order to maintain
their relevance, many state political parties sought to transform
their diffuse volunteer based organizations into professional
consulting establishments, which had resulting high overhead
costs.[153] As Brad Shaw, Political Director of the Ohio Republican
Party states, "it [is] in the best interests of the voters
of Ohio to have strong political parties which can get out the
word about their candidates."[154] Data from Indiana, New Mexico,
Ohio, and Utah indicates that the financial pressures brought
about by the professionalization of party bureaucracies forced
party public financing options onto the agenda of legislative
leaders who often also doubled as state party leaders. Even
in Maine, the Chair of the Legislature’s Elections Committee
asserted in 1973 that the pending simple grant measure "would
bring in quite a lot of money and I am sure that both political
parties need . . . more of this."[155]
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Differentiation and Adoption:
The Political Success of Public Financing
Partial Public Financing
The success of partial public financing systems
in state legislatures appears to be incumbent on two major factors,
support of a significant legislative leader and the successful
promotion of public financing as a means to improve the public’s
perception of politicians and government. By necessity, nearly
every public financing measure has enjoyed the strong support
of at least one of the major legislative leaders. On occasion
a legislative leader has even played the decisive role in raising
public financing to the agenda and single-handedly securing
its passage. For instance, the public financing measure passed
by the Florida legislature in 1985 was raised from an obscure
Common Cause policy paper to a state law by the sole support
of the Democratic Speaker of the House James Herald Thompson.
However, in most cases of successful public financing
adoption, especially in instances of recent scandals, public
financing seems to be supported by a majority of legislators
in an effort to inoculate themselves against the current scandal.
Indeed, a clear majority (58%) of public officials in the survey
indicated that their primary reason for supporting public financing
was to improve public perception of politics and politicians.
As Marc Ash, a State Representative in Minnesota during the
1993 reforms remembers, "a scandal with illegal phone charges"
made many incumbent legislators feel it was important to take
a stand against the "roll of lobbyists and large contributors"
in the face of media and civic group pressure.[156] Thus, after passing
the necessary initial hurdle of leadership support, comprehensive
public financing measures gain ground in the legislature when
politicians, fearful of a public backlash, are convinced their
constituents would perceive public financing as a concerted
step to reform the campaign finance system.
Full Public Financing
The influences surrounding adoption of full public
financing measures often vary greatly from the legislative partial
public financing initiatives because three of the four existing
systems were instituted by direct democracy ballot measures.
By contrasting the campaign messages of successful full public
financing initiative campaigns—in Arizona, Maine, and Massachusetts—with
unsuccessful campaigns—in Missouri and Oregon—it is possible
to develop some preliminary conclusions concerning why the public
in certain states ended up supporting full public financing.
Overall, the winning campaign messages were a
combination of emotional and rational common sense campaign
slogans. In Maine, the homogeneous and moralistic political
culture preserved a certain respect for government even as "92%
of Mainers believ[ed] that there was too much money in politics."[157]
Thus, negative emotional and rational messages focused on special
interests rather than politicians, emphasizing slogans such
as "give special interests their walking papers" and
"important issues are at stake and special interests call
the shots."[158] In Massachusetts, where respect for government
was also relatively high, supporters emphasized how "good
people were caught in a bad system" so as not to alienate
politicians and political partisans in the state.[159] Even in Arizona,
where a lobbying scandal had recently tarnished the state’s
political establishment, supporters emphasized how the new system
would "reduc[e] the influence of Special Interest groups
and their Big Money" rather than directly targeting politicians.[160]
The successful positive messages generally focused
on what the full public financing system would do rather than
what it would be. In Maine, the campaign pushed the rational
message that a full public financing system would restore "one
person one vote" and trumpeted the emotional message that
under a new system "every kid could grow up to be president."[161]
In Arizona, which had a more individualistic culture, supporters
emphasized how clean elections would allow "voters [to]
have more choices between candidates."[162]
The decisive message difference in unsuccessful
full public financing ballot campaigns seems to be the ability
of opponents to focus debate on the public financing system
itself rather than its effects. In these campaigns, opponents
successfully emphasized that the systems would "use taxpayer
funds to pay for negative campaigns" and construed the
system as "too long and complicated."[163]
Simple Grant Public Financing
Simple grant systems are often brought to the
fore by legislative and party leaders who combine the policy
entrepreneur and agenda determination functions themselves.
Because of the low level of public attention surrounding the
adoption of simple grant measures, the most significant controversy
often revolves around questions of who has to pay. Indeed, issues
of where money for political parties would come from was the
only significant debate reported in any of the surveys returned
from simple grant public financing systems. In Indiana, for
example, political party contributions existed as unofficial
but mandatory levies on public sector salaries in the 1970’s
and 1980’s before legislators attempted to set up a successor
tax check-off public financing system and then finally settled
on an arrangement funneling revenue from state vanity license
plates to the political parties.[164] As a general rule, however,
simple grant public financing measures tend to be passed with
very limited amounts of public debate or alternative generation.
TOP
Case Studies of Public Financing Adoption
The remainder of this chapter is devoted to illustrating
the patterns and tendencies outlined so far in Chapters 2 and
3 through a serious of six case studies. These examples illustrate
the majority of archetypes and exceptions to the major trends
in public financing adoption. Every attempt was made to examine
the circumstances surrounding the adoption of a representative
variety of measures. Accordingly, a roughly equal number of
measures were chosen from the 1970’s, 1980’s and 1990’s. In
addition, two of the case studies are devoted to states in each
of Elazar’s moralistic, individualistic, and traditionalistic
categories. Roughly half of these states are considered homogeneous
and half are considered heterogeneous according to Hero’s social
diversity index. Unfortunately, no bifurcated states are represented
due to the very small number of public financing measures instituted
in these states. Florida is very nearly bifurcated according
to Hero’s classifications, but has been greatly affected by
a recent influx of white ethnic retirees from the Northeast
which has propelled it into the complex heterogeneous category.
Unfortunately, the case studies are heavily weighted
toward partial public financing systems and contain only one
example each of full and simple grant public financing adoption.
For the case of full public financing this is understandable
because of the small number of such systems currently in place.
However, the relative lack of simple grant data is more disappointing,
since these measures make up nearly half of the public financing
systems in the country. Some of the problems in researching
simple grant systems, such as their fairly small size and the
apparent reticence of many supporters to speak about their efforts,
have been outlined above. In addition, the majority of simple
grant party financing measures were adopted in the 1970’s, which
makes research particularly hard due to the high turnover rate
of professional staff at most political party central committees.
The case studies are presented with an eye toward
evaluating Kingdon’s theories as they apply to state policy
generation within the specific policy arena of campaign financing.
However, my research differs from Kingdon’s in that it examines
policies instituted years and even decades in the past rather
than cataloging the rise and fall of issue areas in real time.
Thus, one may observe that the stories presented here sometimes
appear more rational and choreographed than Kingdon’s model,
since the primary entrepreneurs and politicians have been able
to rationalize their actions in hindsight and put their strategies
into a larger context over time. This tendency, though vexing,
does not in my opinion negate the relevance of this study as
an elaboration of Kingdon’s theory. The vagaries of time and
memory may have shaped particular views in some of these chronicles,
but they do not negate the broad themes illustrated by these
case studies.
Minnesota and Wisconsin: Moralistic
States with Partial Public Financing Systems
Minnesota and Wisconsin provide classic examples
of early partial public financing systems. Both states implemented
public financing for all statewide executive offices and were
the first two states to adopt public financing for their legislatures
in the 1970’s. Minnesota adopted its system in 1974 and Wisconsin
adopted its system in 1977. Minnesota substantially reformed
its system in 1993, which has provided for an impressive candidate
participation rate of well over 90% in every election cycle
since then.[165] Wisconsin has not significantly reformed its system
since 1977, leaving it relatively under-funded and leading to
a candidate participation rate barely over 50% per election
cycle during the 1990’s.[166]
The similarities between Minnesota and Wisconsin
are not simply in their public financing systems. Both states
were originally populated largely by Scandinavian immigrants
and settlers from New England. They are classified by Elazar
as purely moralistic and are homogeneous according to Hero’s
social diversity index. The common Northern European heritage
of both states provides a much more liberal center of political
gravity than that in the majority of their homogeneous western
neighbors. Thus, it makes sense to examine Minnesota and Wisconsin
in combination, as together they provide the purest archetype
of the patterns outlined in Chapter 2 of the earliest phase
of partial public financing adoption.
Research indicates that the initial measures in
both Minnesota and Wisconsin were brought onto the agenda mainly
by the national Watergate scandals and not by local state scandals.
As Jay Heck, the Executive Director of Common Cause Wisconsin,
explains "the national Watergate reforms [inspired] Wisconsin
Common Cause members to propose a state public financing system"
to lower the cost of campaigns.[167] For Minnesota, the public financing
reforms are presented as a "preemptive strike," a
statement that "it shall not happen here," by the
then President of the League of Women Voters, Mary Anne McCoy.[168]
The politics of both states have long been typified
by a "populist egalitarianism" which created a "great
feeling of wanting things to be fair so that everyone could
run for office."[169] As the eventual chief sponsor of the Minnesota
legislation, Representative Tom Berg, recalls, his support of
the measure was inspired by the "need to level the playing
field."[170]
In Minnesota, a network of legislators and members
of Common Cause, the League of Women Voters, and the Joint Religious
Legislative Coalition crafted a government reform bill which
included public financing of elections in 1972, but failed to
secure its passage.[171] One reason for this was that before 1974
Minnesota elections were non-partisan, resulting in a legislature
which was actually far more conservative than the population
as a whole.[172] In 1974 party designations were included on the
ballot for the first time, resulting in an overwhelming majority
for progressive candidates of the Democratic-Farm-Labor party
in the state. The resulting majority, marking the first time
in the history of the state that Democratic aligned groups had
controlled all branched of government, immediately passed public
financing legislation. Wisconsin’s government was similarly
dominated by progressive Democrats in 1977.
According to Minnesota Representative Mindy Greiling,
in both 1974 and 1993 a consensus among the legislature existed
concerning the "long-term chronic [problem of] money controlling
votes and agendas."[173] The question of how to fix this problem
was framed by the moralistic culture of the two states. According
to fifteen term Minnesota State Representative Phyllis Kahn,
consideration of the relatively new and radical approach of
public financing became popular because of the "[a]lready
generally clean elections and an acceptance of a public role
in paying" for public goods.[174] In 1980, Minnesota even attempted
to expand its public financing system to national congressional
races in the state, but this initiative was struck down by the
federal courts.[175]
In the 1993 the media attention generated by a
recent Minnesota scandal involving illegal phone charges made
by state legislators had made government accountability a "big
campaign issue" and raised the serious prospect of significant
government reform.[176] In this environment, Common Cause and the
League of Women Voters were able to use the scandal to update,
expand, and increase the funding for the state’s public financing
provision. According to then State Representative and current
MN Common Cause Executive Director Marc Asch, constant lobbying
by Common Cause and the League of Women Voters raised public
financing reform to the top of the agenda of Secretary of State
Joan Growe, the State Senate Judiciary Chairman John Marty,
and a group of first-term State House Representatives who already
had a "strong sense of too many perks for [the] legislature
[and the] need to control [the] influence of lobbyists."[177]
The experiences of Minnesota and Wisconsin, the
birthplaces of comprehensive state public financing, seem to
bear out the theories of Elazar and Kingdon. Movements for government
reform flourished with very little encouragement due to a moralistic
consensus view of government generated the dominant Northern
European population. The pervasive willingness to embrace innovation
within the society meant that public interest groups were able
to relatively easily raise public financing to the agenda by
attaching the reform to state and national scandals. Legislators
then adapted the legislation to fit their sensibilities, sometimes
strengthening it in the process.
Maine: Full Public Financing
by Direct Democracy
Maine is characterized by a similar moralistic
political culture, though a slightly more ethnically heterogeneous
population, than Minnesota and Wisconsin. The state’s adoption
of comprehensive public financing provides a useful counterpoint
for this study because it occurred in 1996, nearly two decades
after the systems in Minnesota and Wisconsin. In addition, Maine
was the first state in the country to adopt a truly full public
financing system designed to eliminate all private money from
the campaigns of participating candidates. Finally, the Maine
experience is significant because its system and the direct
democracy method of adoption spread rapidly during the later
1990’s in a movement which came to be known as Clean Money.
Maine was one of the first states in the nation
to implement a party simple grant public financing measure in
1973, with the stated purpose of "allow[ing] all persons
a chance to feel they are participating" in the political
process.[178] However, the system did not greatly affect Maine politics,
as the fund’s voluntary tax add-on funding mechanism rarely
generated more than $3,000-$4,000 for each party per year.[179]
Throughout the 1980’s, Maine’s campaign finance
reform debate was dominated by the state chapter of Common Cause.[180]
In 1989, Maine Common Cause, inspired by successes in Florida
and other states, was able to place a partial public financing
measure for statewide offices on the state ballot. Common Cause
pursued the campaign on its own with very little money or organizational
resources and the ballot measure went down to defeat, 43% to
57%.[181]
However, by the late 1980’s, a new movement was
developing in the Northeast which came to radically change the
nature of public financing initiatives. In 1986 a number of
veteran activists of the nuclear freeze movement including Randy
Kehler, Ben Senturia, Marty Jezer, and a veteran of the Civil
Rights movement Gwen Patton, formed the Working Group on Electoral
Democracy to develop campaign finance reform proposals more
comprehensive than those generally advocated by the traditional
advocates of campaign finance reform—Common Cause and the League
of Women Voters. In 1991, Janice Fine, an organizer for Northeast
Citizen Action, a liberal network founded in 1984 to work on
progressive political and labor issues, read a paper by the
Working Group at a conference considering third party options
in American politics.[182] Fine was inspired to form a Money and
Politics project at Northeast Action, which conducted extensive
money in politics research with the Washington DC based Center
for Responsive Politics.[183] Over time, Northeast Action’s project
was able to bring the Working Group’s recently issued model
full public financing bill to the attention of activists around
New England.
Maine seemed to be a promising state for adoption
of the new measure because of the recent activity surrounding
public financing and its historical willingness to pursue innovative
reforms on recycling, taxes, and other measures.[184] Over the next
few years, Northeast Action worked with a handful of Maine activists
to form and fund the Maine Citizen Leadership Fund (MCLF) to
conduct research on the influence of money in Maine politics.
By in large, the early Maine public financing activists seem
to be united by an urge to "allow regular people to be
able to run for office."[185] This desire was undoubtedly due
in significant degree to the ideal of a citizen legislature
which pervaded Maine politics. However, considering the liberal
activist backgrounds of the majority of the organizers, this
support may also have been inspired by, as one opponent of Public
Financing put it, the "belie[f] they could have an easier
time recruiting people who agreed with them to run in [the]
future."[186]
The efforts of the Maine activists received a
considerable boost in 1992 and 1993 from the negative publicity
generated by an unpopular government shutdown confrontation,
several wealthy self-funded state senate candidates, and a significant
ballot stuffing scandal involving the Speaker of the Maine House
which was dubbed Ballotgate by the local press.[187] According to
one of the early Maine reformers, these events "seriously
eroded public trust [in government] which had previously been
high."[188] Sensing an opening, the MCLF quickly organized the
introduction of full public financing legislation into the Maine
House of Representatives, but the bill was swiftly killed by
legislative leadership.[189]
By the mid-1990’s, the Maine Citizen Leadership
Fund had fully adapted the Working Group’s model bill to cover
all Maine legislative and statewide races and had given it the
name Clean Elections. It then began assembling a coalition which
soon included the progressive activist organizations Peace Action
Maine, The Maine People’s Alliance, The Natural Resources Council
of Maine, and the Dirigo Alliance (itself a coalition of labor,
environmental, and women’s groups) as well as the traditional
reform advocates Common Cause and the League of Women Voters.[190]
The failure of the 1993 full public financing
measure in the legislature was not uncommon. In fact, Maine
election reform advocates had experienced very little success
in the legislature, securing the passage of only one minor election
reform bill in the last ten years. Reform advocates had long
since become tired of waiting for "scraps" from the
legislature. As the League of Women Voters representative to
the nascent coalition recalls, there was soon a "consensus
that if we didn’t clamp down on everything at once, the air,
like a balloon, would just pop up somewhere else."[191] Accordingly,
in early 1995 supporters made the decision to take a full public
financing measure directly to the voters in the 1996 elections
through Maine’s ballot initiative process, a strategy which
had been pursued successfully by term-limit advocates two years
before.
Clean Elections supporters give high marks to
the coalitions big tent approach, which expanded the Clean Elections
alliance to sixteen organizations by election day, and allowed
the campaign to mobilize large numbers of supporters—including
a 1,100 volunteer squad which collected the signatures to qualify
the measure for the ballot in a single day.[192] In addition, David
Donnelly, the ballot measure campaign manager, emphasizes the
effectiveness of the campaigns layered message (outlined above)
condemning special interest influence while emphasizing the
effects rather than the structure of the "Clean Elections"
system.[193] Finally, supporters cite Maine’s ideal of a citizen
legislature, and the state’s proven willingness to make common
sense reforms as reasons for the eventual success of the ballot
measure, which passed with 56% of the vote in the 1996 election.
Maine’s Clean Elections initiative made considerable
waves in the campaign finance reform community. On the strength
of Maine’s success, the director of the Washington DC based
Center for Responsive Politics, Ellen Miller, and a number of
Northeast Action supporters were able to secure the funding
to start a national Clean Elections organization, Public Campaign.
Furthermore, activists in a number of other New England states
sought to work off Maine’s example. In 1997, David Donnelly,
the director of Maine’s successful Clean Elections campaign,
received funding from Northeast Action to work with Vermont
Activist Anthony Pollina and members of Vermont Public Interest
Research Group (VPIRG) to develop a Clean Elections proposal
for Vermont.[194] This group quickly organized a lobbying campaign
which successfully convinced the Democratic Vermont legislature
to pass a full public financing measure for the Governor’s and
Lieutenant Governors races, which was eventually signed by the
Democratic Governor.
In 1998, the Northeast Action/Public Campaign
alliance and David Donnelly were able to form a similar coalition
in Massachusetts to that set up in Maine, and successfully ran
a ballot campaign which was approved by an over 2-1 ratio. In
Arizona, leaders of Common Cause and the League of Women Voters,
incensed by "the failure of the legislature to pass a bill
that would bar gifts from lobbyists to legislators" declared
"enough is enough" and used the Maine strategy to
launch a successful Clean Money ballot campaign when a major
bribery scandal hit the state.[195]
The Maine experience further serves to confirm
Elazar’s and possibly Hero’s political culture theories. Maine’s
moralistic ideal concerning the duty of the community to preserve
the traditional ideal of a clean citizen government undoubtedly
facilitated the adoption of full public financing. Furthermore,
the state’s positive attitude toward innovation may very well
have been due to the "low political stakes" preserved
by the strikingly low percentage of racial minorities in the
population. However, the well-organized Maine ballot initiative
coalition and campaign indicate that in states with direct democracy,
the agenda generation and determination function can sometimes
be controlled by citizen coalitions rather than by more visible
political clusters.
Indiana and Ohio: Party Simple
Grant Systems
Indiana and Ohio implemented political party simple
grant public financing systems for relatively similar reasons
during the 1980’s. The two mid-western neighbors are classified
by Elazar as having purely individualistic political cultures
and are both right on the line between Hero’s homogeneous and
simple heterogeneous categories (Indiana is barely homogeneous
while Ohio is slightly heterogeneous). Corresponding with Elazar’s
individualist archetype, the political spheres of both states
have been organized largely around political parties defined
by large blocks of partisan elites rather than by ideologies
or issues.[196] As a consequence, up until the 1980’s the entire
government bureaucracies of both states were staffed largely
by political appointees, with the consequence that by any standards
agencies were "not well run . . . [and] provided horrible
service."[197] In Indiana, starting in the 1960’s the connection
between government jobs and political parties was even more
pronounced, as all 36,000 employees of the Indiana state government
were expected to contribute 3% of their salaries to the party
controlling the governors office, invariably the Republican
Party.[198] The practice was also present in Ohio, though not as
widespread.[199]
Despite the relative weakness of the state chapters
of Common Cause and the League of Women Voters during the 1970’s,
the political patronage systems of both states became the target
of significant criticism after the Watergate scandals.[200] Citizens
were particularly incensed by the mediocre service provided
by many state agencies, while good government groups emphasized
how the forced contribution system perpetuated one-party Republican
dominance.[201] In 1976, leaders of the political parties in Indiana
and Ohio arranged for a more institutionalized system where
revenue from license plate charges of the Bureau of Motor Vehicles
in both states were distributed more equitably among the political
parties.[202] By most accounts, this ended paycheck deductions in
Ohio, though the system survived in Indiana until the inauguration
of a Democratic Governor, Evan Bayh, in 1989.[203]
The swearing in of Ohio Democratic Governor Richard
Celeste in 1983 and Indiana Governor Bayh in 1989 ushered in
a sea change in the politics of both states and energized attempts
to erase all vestiges of long-standing Republican political
patronage. In response, the Democratic and Republican parties
in both states pushed for more secure forms of public financing.[204]
In Ohio, a political party fund which disbursed equally between
the Republicans and Democrats was established through a tax
check-off mechanism in 1987.[205] However, in Indiana, a 1990 proposal
attempting to set up a similar system was narrowly defeated
by Republicans in the state House of Representatives, and accordingly
the revenue from state license plate charges is funneled to
the political parties to this day.[206]
In both states, "good government" groups
such as Common Cause and the League of Women Voters actively
pursued government reforms during the 1970’s. However, the simple
grant provisions of the 1980’s were pursued without significant
public attention and the primary entrepreneurs of these measures
were the state parties themselves.
New Jersey: An Institutional
Consensus in a Heterogeneous State
New Jersey’s partial public financing system for
gubernatorial races was established in the same year as Minnesota’s
groundbreaking experiment for legislative elections in 1974.
However, New Jersey is among the most ethnically heterogeneous
states in the nation. Elazar classifies the state as wholly
individualistic, and numerous political observers have commented
on New Jersey’s relative lack of a common identity or unifying
political culture.
Strangely enough, the very issues causing New
Jersey’s confused identity may have combined with institutional
factors to create a clear rationale for its public financing
system wholly different from the value based grounds used in
more moralistic states. The confluence of political circumstances
leading to New Jersey’s public financing system begins with
the basic structure of its government. The governor’s office
is the only statewide elected position in the Garden State,
with the governor appointing officials such as the secretary
of state and the attorney general and exercising an absolute,
conditional, and line-item veto.
The high degree of competition engendered by contests
for the most powerful governors office in the nation gives New
Jersey elections a particularly complicated and high stakes
aspect. However, more subtly, campaigns have historically required
greater resources in the Garden State because the structure
of the system ensures that few non-incumbents begin the campaign
with the name recognition generated from successful past statewide
campaigns. Furthermore, the election of governors in odd-numbered
years has prevented candidates from benefiting from the attention
generated by national campaigns.
New Jersey’s heterogeneous population has prevented
the formation of strong statewide party organizations. As a
consequence, New Jersey politics are dominated by a balkanized
plethora of local county party committees and governing bodies,
which are informally identified along ethnic lines as "’Jewish,’
‘Polish,’ ‘Italian,’ . . . or ‘Irish’ seats."[207] Because of
this fractured political structure, the frequently unknown statewide
candidates rarely are nominated with a unified party behind
them, and generally come to rely on media advertising to make
a name for themselves and generate support.[208]
Unfortunately, New Jersey’s location creates an
extremely expensive media market. Sandwiched between the New
York City and Philadelphia media markets, New Jersey only gained
its first small television station in the 1980’s.[209] New Jersey’s
radio and print media are dominated only slightly less markedly
by out of state organs. Correspondingly, the media advertisements
which became the staple of statewide campaigns in the late 1960’s
and 1970’s posed a peculiar problem for New Jersey politicians.
Thus, because of New Jersey’s distinctive structure of government,
ethnically divided politics, and location between New York City
and Philadelphia, campaigns for New Jersey governor were already
some of the "most expensive in the nation" during
the early 1970’s.[210]
Despite these tendencies, it was "a ‘double
hit’ of national and state scandal" which created a window
for public financing.[211] As the Watergate investigation heated
up in Washington, a massive campaign fundraising scandal hit
the administration of incumbent Republican Governor William
Cahill, which eventually resulted in the indictment of his Secretary
of State, Treasurer, chief fundraiser, and numerous campaign
operatives.[212] The combined national and state scandal made corruption
a major issue in the 1973 New Jersey gubernatorial campaign
and brought to power an unknown Democratic prosecutor Brendan
Byrne.
A New Jersey Common Cause chapter did not formally
exist at the time. However, a group of Common Cause affiliated
activists sensed an opportunity and gained the new Governor’s
support for a bill modeled closely on the national matching
funds system being considered for Presidential primaries.[213] Because
of its ethnic diversity, New Jersey has historically had a relatively
liberal legislature willing to embrace interventionist social
and economic policies. Thus, with the new Governor’s support,
the public financing bill was swiftly passed in the legislature,
likely because of "exasperation of many politicians at
raising huge amounts of money to spend on media which was mainly
seen by out of state voters."[214]
Evidence seems to indicate that the New Jersey
gubernatorial public financing system may have been facilitated
by significant public scandal, but was largely embraced by a
liberal political elite as an attempt to solve a severe and
chronic structural annoyance in the New Jersey political system.
In some ways, the very success of the system indicates its non-ideological
nature. The Garden State’s public financing system remains one
of the best funded in the nation, and continues to enjoy a strikingly
high participation rate from Democrats and Republican’s alike.[215]
Florida: A Populist Streak
in a Traditionalist State
The adoption of public financing in Florida is
striking because it came as the state transitioned from a traditionalist
southern bifurcated political culture into a more heterogeneous
and individualistic state on the Middle Atlantic model. Over
half of Florida’s population at the time of the adoption of
public financing in 1985 had immigrated into the state in the
last fifteen years.[216] The Florida legislature also was the scene
of significant upheaval during the 1980’s, as a majority of
representatives became "out-of-staters," even as the
leadership positions continued to be occupied by senior "porkchopper"
Democrats.[217]
It was in the midst of this upheaval in 1985 that
the new Speaker of the Florida House James Herald Thompson,
a long time white representative from a very poor and highly
African American district, decided he wanted to do something
to allow poorer Floridians to run for state-wide office.[218] Thompson,
retired since 1986, describes himself as a true "Southern
Democrat," but with a deeply ingrained "populist"
streak which made him desire "an alternative to help people
of average means to run" for office.[219] Thompson handed the
issue off to a trusted aide, an African American, who decided
to propose a public financing system since it seemed "necessary
to elect blacks statewide."[220]
Florida Common Cause was taken totally by surprise
when a crude public financing bill showed up in a committee
of the state legislature.[221] The organization had been pushing
a matching grant partial public financing system for a number
of years, but had never made much headway in the conservative
Florida legislature. Bill Jones, the executive director of Common
Cause Florida at the time, raced over to the capitol, and was
able to add many aspects of the Common Cause proposal into the
newly introduced bill after a number of days of negotiation.[222]
As the session wound down, James Herald Thompson
used the power of the Speakers office to guide the bill through
the House. As Thompson explains, "once you are Speaker
you generally get to have your own way."[223] However, the State
Senate proved a much tougher challenge. On the final day of
the session, the bill seemed to be lost to procedural hurdles.
However, Bill Jones and the Head of the Florida AFL-CIO were
able to orchestrate a small rebellion among rank and file senators,
two-thirds of whom were born out-of-state, by arguing that the
bill was important for African Americans and for Labor.[224] In the
closing hours of the session the bill was passed by the Senate
and signed by Democratic Governor Bob Graham.
Common Cause played a much more direct role in
initiating a major solidification of Florida’s public financing
system in 1991. Because Florida had no income tax during the
1980’s, the partial public financing system depended on legislative
appropriation. However, the public financing system had not
been funded since Thompson had retired from the legislature
in 1986.
Unsupportive leadership in the legislature and
a Republican Governor had prevented meaningful action to fund
the system during the later 1980’s. However, in 1990, a scandal
and a distinctive election campaign created a window for Common
Cause, which had since been joined by the state League of Women
Voters. The emerging scandal involved illegal state-funded trips
made by a number of members of the legislature and resulted
in the indictment of fourteen House members and threatened to
engulf the sitting speaker, T.K. Wetherell, himself. After some
negotiation, Common Cause and its supporting organizations agreed
to reduce the heat on Wetherell by publicly working with him
to draft a new stringent state Ethics Law, in exchange for his
support of a permanent funding mechanism for Thompson’s public
financing system.[225]
Partially due to the focus on corruption, in 1990
the state Democratic party nominated an energetic populist for
governor, former Senator Lawton Chiles, who walked across the
state and refused to accept donations larger than $100 (at that
time Florida’s contribution limit was $3000). Once in office,
Chiles readily agreed to sign a bill crafted by Common Cause
which provided secure funding for the public financing system
while also lowering the contribution limit to $500, one of Chiles’
long-standing goals.[226]
Florida’s experience shows that in certain circumstances
Southern populism can lead to egalitarian impetuses similar
to northern moralism. However, Florida’s distinctive population
transition during the 1980’s and 1990’s undoubtedly played a
major part in securing its public financing system. The roles
of the major actors correspond to Kingdon’s suppositions, with
the more visible clusters affecting the agenda, while the less
visible public interest groups played a decisive role in specifying
and lobbying for a specific policy alternative. Leading up to
the 1991 reforms, the political agenda was determined by a series
of focusing events, while public interest groups continued to
play an alternative specification and lobbying role.
Kentucky: Organizing Toward
Reform
Kentucky is the most striking example of
an instance where a comprehensive public financing system passed
without pervasive moralistic culture, a heterogeneous population,
legislative leadership on the issue, or a compelling focusing
event. Accounts indicate that passage of the measure was due
largely to the efforts of Kentucky Common Cause, and specifically
its long time chair, Richard Beliles.
Kentucky political culture presents an interesting
mix of Southern attitudes. Elazar classifies the state as largely
traditionalist, and indeed the attitude of Kentuckians toward
politics seems to bear this out this stereotype of hierarchy.
As Marc Landy, a native academic observer of Kentucky culture
comments, "[m]ost Kentuckians are not politically active,
they do little more than vote [but] among the minority of those
more deeply involved in politics, an unusual air of collegiality
exists . . . be they Republicans or Democrats . . . [they] know
and talk to one another."[227] Unlike its Southern cousins,
Kentucky is also very homogeneous, with only tiny minority and
white ethnic populations. Perhaps this homogeneity helps to
foster a quite distinctive sense of pride and state identity,
revolving around the much beloved Wildcats college basketball
team and the metaphorical image of genteel bluegrass living.[228]
Similar to New Jersey, most Kentucky politics revolves around
the state-wide level. County and local governments are weak
and impoverished while state legislators "do not disdain
to engage in graft."[229] Accordingly, a "special degree
of respect and deference [is directed toward] Kentucky’s first
citizen, the governor," and for many, this "reverence
. . . reflects the love borne toward [the state] itself."[230]
Interestingly, it is most likely the distinctive symbolic nature
of the governors office which allowed a system of public financing
for gubernatorial elections to pass through the legislature
in Frankfort.
Richard Beliles and Common Cause Kentucky had
spent much of the 1980’s lobbying for a public financing measure
which would limit "the egregious amount of spending"
in Kentucky elections.[231] At the time, "Kentucky election
finance laws [were] not terribly effective" and it was
thus common practice "for industries to make enormous campaign
contributions to gubernatorial candidates."[232] Kentucky Common
Cause published a number of studies during the late 1980’s profiling
the links between contributions to gubernatorial campaigns and
service contracts conferred by the state. In the late 1980’s, Beliles made the decision to limit the public financing proposal’s
scope to the governors race since the special reverence Kentuckians
held for the office could potentially be piqued by campaign
finance revelations.[233]
Beliles, who eventually enlisted the support of
the Kentucky League of Women Voters, was very successful in
directing attention to his proposal. The state media, largely
based in Louisville—a river haven of German-Americans culturally
quite distinct from the rest of the state—portrayed Common Cause’s
plan as a battle with Kentucky Senator Mitch McConnell, an outspoken
opponent of campaign finance reform and a polarizing figure
in Kentucky politics.[234] The perceived confrontation with McConnell
may have helped the proposal’s prospects in the Democratic controlled
Kentucky legislature, and by 1992 Beliles had lined up sufficient
support to secure the bills passage. Senator McConnell launched
a last minute lobbying campaign to defeat the measure. However,
his efforts were undermined by a propitiously timed Louisville
media story which exposed illegal contributions and bribes paid
by Kentucky’s horse industry in exchange for legislation, and
inspired talk of wide-ranging ethics legislation next session.[235]
The horse industry corruption and previous smaller
scandals may have created an interest in government reform policies
in the commonwealth. However, evidence indicates that Kentucky
Common Cause played a decisive role in securing the passage
of a public financing bill for gubernatorial elections. Kentucky’s
experience seems to prove that moralistic political culture,
or even significant populist sentiments, are not always necessary
to secure limited public financing for statewide offices.
TOP
Proceed to
Chapter
4:
Conclusions
and Predictions Stemming from this Study
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