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Jack Bernard was previously SVP of a nationwide healthcare company and the primary Director of Well being Planning for GA. He was Chairman of the Jasper County GA GOP. He is now Vice Chairman of a Board of Well being in Fayette County, a suburb of Atlanta.
Within the current election, mysterious candidates surfaced in three Florida Senate district races. I say mysterious as a result of they weren’t really operating and didn’t marketing campaign in particular person in any respect, as a substitute sending out flyers paid for with untraceable “darkish cash” from a shadowy PAC.
They have been merely talked into operating with the intention to drain votes from Democrats. And it labored. For instance, within the District 37 race the GOP candidate obtained 31 extra votes than the Democrat. However the third-party candidate, with the final identical title because the Democrat, obtained + 6,000 (https://www.local10.com/news/local/2020/11/11/evidence-suggests-several-state-senate-candidates-were-plants-funded-by-dark-money/).
Most Individuals hate that cash buys elections. In reality, in keeping with a 2017 ballot, 96% imagine that cash buys elections (https://www.commoncause.org/democracy-wire/most-americans-believe-system-broken/). And, they’re appropriate.
However many individuals have by no means heard of the “Residents United” Supreme Courtroom (SCOTUS) choice. The 2 are instantly associated. Right here’s how (for extra, see https://www.brennancenter.org/our-work/research-reports/citizens-united-explained).
Residents United was a 2010 court docket case introduced by a conservative PAC which had been restricted by the FCC from putting unfavourable marketing campaign advertisements too near an election. In a slender 5-Four choice, a sharply divided and politically activist SCOTUS discovered that exterior teams and company spending to purchase elections can’t be restricted.
As he usually was, Justice Kennedy was the swing vote. In writing his rationale, Kennedy had a novel interpretation of the structure, an interpretation that had by no means been made earlier than. He wrote that in essence firms are identical to folks and can’t be denied the “proper” to train free speech. He and the others within the majority naively assumed that American political life would simply go on as ordinary and that company spending wouldn’t be used for nefarious functions… or so that they stated.
In fact, we now know that ridiculous assumption of voluntarily clear “unbiased” spending to be incorrect. I believe all of them knew that assumption to be fallacious on the time however selected a view that match their conservative politics.
This choice by activist conservative judges unleashed a torrential downpouring of cash from the ultra-wealthy and firms by way of PACs (Political Motion Committees) and tremendous PACs, utilizing darkish cash. A lot of this cash has gone to run advertisements opposing candidates who’re advocates for the general public and in opposition to firms.
Within the off-year 2018 marketing campaign alone (https://www.opensecrets.org/outsidespending), there have been 2,395 of those teams. They raised over $1.5 BILLION, with nearly all of their spending going to assist conservative causes, no shock.
Within the 2020 cycle, with arguably essentially the most despised and partisan President in current historical past, fund elevating has hit document ranges. Versus what was initially anticipated, the Democrats are actually out elevating the GOP, presumably because of the depth of Democrat dislike for Trump. To date, Biden has raised $700 million and Trump $600 million, a brand new document. Of this $1.three billion, a few fourth is “darkish cash” coming from billionaires and shadowy exterior teams.
Public Citizen is a public curiosity group devoted to seeing Residents United reversed (see www.democracyisforpeople.org). They’ve been pushing for a Constitutional Modification on this regard. Presently, their efforts are supported by 47 Senators and 200 Representatives.
Nevertheless, two thirds of Congress should cross the Modification, and have it authorised by 75% of the States, which signifies that GOP assist can be wanted. To date, in view of the right-wing nature of the present occasion and its management, no influential GOP nationwide figures have supported reform. Few GOP dominated states have referred to as for a constitutional modification. I completely assist the efforts of Public Citizen. Nevertheless, with GOP domination of quite a few smaller states I view this strategy as a protracted shot, a minimum of within the short-term.
Because the SCOTUS choice can’t be reversed by Congress, I personally imagine that the one certain approach to reduce the position of cash in US politics is to overturned Residents United within the courts. It will require growth of the court docket to 13 seats if the Democrats win the election. With the divided, weak management of the Democratic Get together, I believe this concept is not going to be dropped at fruition by Democrats, even when they win the Senate.
So, till now we have a extra progressive Congress and President, what can we do? Public Citizen has a couple of suggestions worthy of consideration together with: 1. public financing of elections; 2. requiring company shareholder approval for marketing campaign advertisements and contributions; and three. mandating full, detailed disclosure of all contributors.
Now that Biden has been elected, I’m hoping to see a brand new spirit of bipartisanship emerge subsequent yr. When and if that happens, I urge all Individuals to contact your Senators and Representatives, asking them to co-sponsor bi-partisan laws with the intention to enact the above three modifications to present election legislation.
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Jack Bernard was previously SVP of a nationwide healthcare company and the primary Director of Well being Planning for GA. He was Chairman of the Jasper County GA GOP. He is now Vice Chairman of a Board of Well being in Fayette County, a suburb of Atlanta.
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