TO: The New President
FROM: Ed Kilgore,
Progressive Policy Institute
RE: Reforming Congressional Elections
If the 2008 campaign produced any clear and unambiguous
mandate from the American people, it is for
fundamental change in Washington. Regardless of
their presidential preference, a majority of voters share a
profound sense of disgust with small-minded partisanship,
special-interest obstructionism, and the power of lobbyists
to subvert the common good.
This convergence of demands for change, across the usual
partisan and ideological lines, provides you one clear opportunity
to overcome the record of the last eight years --
and the one distinct path to everything else you want to
accomplish. That is why I urge you to make "changing
Washington" your first priority as president.
Obviously, you have many urgent challenges competing
for your time and attention: bringing the war in Iraq to an
acceptable conclusion, turning around our economy, and a hundred other
things. But rallying public support for a dramatic change in Washington's
political culture will help you mobilize support for every other step you take,
and it will improve the chances for progress on substantive reforms.
Specifically, you should signal your continuing commitment to clean campaigns
and to the goal of breaking the power of lobbyists over Washington. By
calling for voluntary public financing of congressional campaigns you would
slow or even stop the revolving door that now so easily whisks legislative and executive
personnel from public decision-making to private decision-influencing.
Such a direct assault on "politics as usual" will pre-empt the otherwise inevitable
media story-line that you, like past presidents, are putting aside campaign
rhetoric in order to adjust to the realities of power in Washington -- a
point of view guaranteed to disappoint the public and undermine your postelection
momentum.
Any reform initiative must, of course, be tangible to be credible. A two-pronged
attack on how lawmakers perpetuate their own power at the expense
of the common good is the best and most audacious avenue to pursue.
With Congress's approval ratings at an all-time low, a reform offensive will
also enable members of your party to make a fresh start, while providing
members from the other party with an earlier test of their commitment to the
reform ethic so many embraced during the 2008 campaign.
Without question, special-interest campaign contributions are the mother's
milk of corruption, obstructionism, and gridlock in Congress. As the cost
of political campaigns has grown exponentially, the dependence of congressional
candidates on special-interest dollars has grown as well.
This year, the most direct and formal method of special-interest fundraising --
political action committees (PACs) -- contributed about $4 of every
$10 raised by House candidates, and about one-third of all dollars raised by
Senate candidates (the numbers were significantly higher for congressional
incumbents running for re-election).
Special-interest domination of party-committee and independent-advocacy
donations (including the increasingly important infusions of cash from the so-called "527s") was significantly larger. Moreover, the widespread practice
of "bundling" made it increasingly possible to link batches of individual
contributions to particular interests or causes. When you factor in the estimated
$2.8 billion spent on congressional lobbying activities last year alone,
it comes to approximately $5 million per member of Congress.
Recent Supreme Court decisions have weakened earlier congressional attempts
to set contribution and expenditure limits. Only a system of public
financing for congressional elections is capable of breaking the corrupting
nexus of money and influence.
While a variety of models for voluntary public financing have been advanced
over the years, the "clean money/clean elections" model, offering
direct candidate subsidies in exchange for strict expenditure limits, is the
best available today. Seven states have enacted variations on this proposal. In
the two states with the most comprehensive public-financing systems, Arizona
and Maine, participation in the system by candidates has risen steadily
over time, with sizable majorities of state legislative candidates in both states
choosing public financing in 2006.
The best current legislation adapting the "clean money/clean elections"
model to congressional elections is the bipartisan bill co-sponsored by
Sens. Richard Durbin (D-Ill.) and Arlen Specter (R-Pa.). Aside from the
basic idea of offering full public financing to congressional candidates
agreeing to expenditure limits, this bill also provides discounted broadcast
television ad rates, along with "fair fight" funds to offset independent
expenditure campaigns -- thus closing (or at least shrinking) one of the
largest loopholes undermining the public-financing system for presidential
campaigns.
This last point is particularly important, given the arguments that broke
out during the campaign over the presidential public-financing system. It is
time to acknowledge that the presidential system has been broken by outdated
spending limits and the independent-expenditure loophole. Bipartisan
legislation from Sens. Russ Feingold (D-Wisc.) and Susan Collins (R-Maine)
would fix these problems, and merits your support.
Some campaign-finance reformers this last year raised hopes that Internet-based
small donations might represent an alternative form of public financing.
That may be true, but the "small-donor revolution" remains a distant rumor in congressional campaigns: This year, fewer than 10 percent of all
congressional contributions were made in amounts under $200.
In any event, voluntary public financing and small-donor fundraising are
complementary, not mutually exclusive. Any congressional public-financing
model could exempt very small contributions, and any candidate opting out
of public financing in order to raise money exclusively from such donations
could be deemed "clean."
Here is another variation on the clean campaign theme, based on a creative
proposal Al Gore made during the 2000 presidential campaign: Instead of
making contributions directly to candidates, individuals would have the option
of donating money to a new Democracy Endowment that would finance
congressional campaigns. They would receive a tax credit for every dollar they
contribute to the Endowment. Candidates would qualify for money if they
agreed not to accept any other sources of funding and to limit their overall
campaign spending.
To offset the advantage of rich candidates who finance their own campaigns,
the Endowment's managers could make sure that participating candidates
have enough funding to be competitive. This indirect system of public
financing would be entirely voluntary and as such would not raise any constitutional
issues.
Whatever approach to reform you choose, the important thing is to demonstrate
your resolve to sever the link between public legislation and private
campaign donations.
Campaign contributions are not the only abuse of power that merits your immediate
attention. Thanks to political gerrymandering, the vast majority of
U.S. House members remain completely insulated from accountability to the
public in any meaningful sense. The steady decline in the number of competitive
congressional races in recent years has become an ongoing scandal.
Even in the "wave" election of 2006, which saw an unusual number of incumbents
facing viable challenges, 86 percent of House members did not face
serious competition, and nearly 95 percent of all incumbents won. The reason
is simple enough: Incumbents are generally protected from competition
by district maps that favor one party over the other by decisive margins, in
sharp contrast to the partisan balance that has characterized national politics
generally over the last decade. To a remarkable extent, members of Congress
are choosing their own voters, rather than the reverse.
Aside from the inherently antidemocratic
nature of a system in which politicians need
not fear accountability to voters, numerous
studies (including an analysis earlier this year
by the Democratic Leadership Council1)
have documented the unsurprising fact that
noncompetitive congressional elections depress
voter interest and participation.
There has been a lot of discussion in recent years about the de facto disenfranchisement
of voters who live in non-battleground states in presidential elections. But an even higher percentage of voters are effectively disenfranchised in House races cycle after cycle, thanks to districting schemes that
prevent competition.
Because of the common practice of drawing district lines through multiple
media markets, gerrymandering also contributes to the high (and corruption-encouraging)
cost of congressional campaigns, even in those few districts that
are competitive. Furthermore, there is simply no way to measure the corrosive
impact on civic engagement of crazy-quilt districts that defy any concept
of contiguity or commonality of interest. That is particularly true in large
metropolitan areas where candidates for multiple seats are competing simultaneously
on the airwaves.
With the next round of decennial reapportionment and redistricting due
to begin during your first term as president, the time is ripe to push for redistricting
reform. But in the states and in Washington, both parties will soon
fall into the same old patterns of gaming the system for their own advantage.
As events during the last eight years have established, state-by-state redistricting
reform efforts have little prospect for success.
Fortunately, redistricting reform with respect to Congress (as opposed
to state legislatures) is a federal issue, since Congress has plenary power to
regulate its own redistricting. Rep. John Tanner (D-Tenn.) has twice introduced
legislation requiring that states utilize independent commissions and
follow "traditional redistricting principles" (e.g., compact and contiguous
districts) in drawing congressional lines (Sen. Tim Johnson, D-S.D. , has
introduced a Senate counterpart). The bill would also ban the kind of mid-decade re-redistrictings that broke out during the 1990s, threatening to
make redistricting an annual struggle.
Many reformers would argue for stronger legislation that would make
competitiveness an explicit factor in congressional redistricting, along with
the kind of process reforms contemplated by Reps. Tanner and Johnson. But
the key to making the whole subject politically viable is support from the
bully pulpit of the White House. Nothing would more clearly signal your
determination to put narrow partisan considerations aside and fight for a
fundamental change in the culture of our capital than a high-profile stand
for redistricting reform, particularly if it is combined with a call for public
financing of congressional elections.
This is not to suggest that you put aside every other priority to go for broke
on initiatives to change Congress. Such initiatives, however, should be announced
as early as possible. Even if you do not succeed in enacting public financing
of congressional campaigns, or a reform of congressional redistricting
that restores competitive elections, it is still worth the fight. Making radical
reforms of our broken political system a centerpiece of your administration's
initial agenda will help you maintain the momentum from your campaign,
and keep faith with the voters who viewed you as an agent of change.