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The Briefing: The answer to Citizens United is becoming reality
| From | Joanna Zdanys, Brennan Center for Justice <[email protected]> |
| Subject | The Briefing: The answer to Citizens United is becoming reality |
| Date | January 23, 2024 10:50 PM |
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New York’s small donor public match will shift power away from megadonors.
[link removed]
This week, I’m turning The Briefing over to my colleague Joanna Zdanys, senior counsel in the Brennan Center’s Elections and Government Program, to explain a new program that shifts political power from megadonors to everyday Americans.
—Michael Waldman
Fourteen years ago this week, a 5–4 majority of the Supreme Court unleashed a tidal wave of money into our elections. By forbidding limits on “independent” political spending — that is, spending that isn’t clearly coordinated with a candidate — the justices in Citizens United v. Federal Election Commission handed the ultrawealthy a blank check to influence American politics.
Since then, megadonors have spent heavily to dominate our democracy. In the 2022 midterms, just 21 families gave more than 3.7 million small donors combined. It’s a stunning imbalance that dictates who runs for office, who wins, and whose interests elected officials heed and serve.
But change is finally here: New York State’s pathbreaking new public campaign finance program is now in effect for the 2024 election cycle. It’s the strongest response enacted anywhere in the country to counter the damage Citizens United has caused to our democracy, it’s a robust model for other states and the federal government to follow. And just last week, after vetoing potentially destructive changes to the program, New York Gov. Kathy Hochul committed to fully funding it in her FY 2025 executive budget.
Hochul’s support for the program is a big step forward for New York’s democracy. Her bold leadership in safeguarding and bolstering the program in this critical year deserves praise. Her executive budget not only promises to provide this vital program the money it needs, but also is a powerful act of support for voters. When enacting the program, lawmakers promised New Yorkers “to ensure a government that is accountable to all of the voters of the state regardless of wealth or position.” The responsibility now lies with the state legislature to cement this commitment when it votes to approve the budget, due April 1.
The public campaign finance program is based on a simple but powerful concept: it matches constituents’ small donations with public funds. Candidates who opt in to and qualify for the program can receive up to $12 for every $1 received in eligible small donations of $250 or less. These contributions must come from within the candidate’s district, strengthening ties between candidates and constituents. To date, nearly 190 candidates across the state and political spectrum have signed up, with a month to go before the deadline to enroll.
The program stands to improve New York’s democracy in significant ways. In 2022, just 200 wealthy donors gave more to state candidates than all 206,000 small donors combined. That year, small donors accounted for only 11 percent of donations. If the program had been in place, their share could have been as high as 67 percent — an increase that would be attributable entirely to donations from within the candidates’ districts.
Experience elsewhere underscores a range of civic benefits we can expect to see. In 2021, New York City’s small donor match program helped elect the most diverse and representative city council in history. Research shows that publicly financed candidates in New York City raised more of their funds from inside their districts and from small donors than candidates who did not choose public financing. New York State’s program similarly promises to make everyday New Yorkers a more important source of support for state candidates.
Like any major reform, the road to securing this program was long and challenging at times. The Brennan Center is grateful to have played a major role, alongside partners across the state, in its enactment and implementation. New York’s elected leaders should be commended for delivering this crucial reform to New York’s voters. They must back up their promises by ensuring the program is fully funded in the final state budget.
Money is not speech. It never has been, and there’s nothing in the Constitution to suggest we have to treat it that way. Now, we have a tool to address the harms of Citizens United head-on. Fully funded, New York’s Public Campaign Finance Program will give the rest of the country a roadmap for counteracting the outsize role of wealthy donors in politics. In this pivotal year for American democracy, it’s a vital part of the fight.
2023 Voting Laws in Review
The 2024 presidential election will take place in a voting rights landscape that is very different from the conditions in 2020. The new edition of our Voting Laws Roundup finds that voters in 18 states will face new obstacles to casting their ballots, while 5 states will have laws in effect that make elections more vulnerable to interference. On the flip side, voters in nearly half the country will have access to easier and more expansive processes for registering and voting. With dozens of voting-related bills already pre-filed or carried over for this year’s session, it’s clear that further changes to state voting rights lie ahead. Read more
[link removed]
Historians vs. SCOTUS
Last week, the Brennan Center announced the formation of the Historians Council on the Constitution, a group of 18 leading historians who will aim to counter the Supreme Court’s misuses of history. Increasingly, the justices are relying on distorted accounts of the past to decide the biggest constitutional issues of the present. The council will leverage its expertise to set the record straight and challenge whether history should have a place in the courts at all. READ MORE
[link removed]
Imaginary History in Action
Two cases the Supreme Court heard last week illustrate the damage that fake history can inflict on Americans’ daily lives. The pair of lawsuits brought by corporations could hinder federal agencies’ ability to do their jobs based on the false claim that agencies’ power was checked by federal courts in the early years of the republic. Members of our Historians Council filed a friend-of-the-court brief detailing just how mistaken this account is and laying out the facts the justices should consider instead. READ MORE
[link removed]
Shrinking the Liar’s Dividend
As people grow more aware of the power of generative artificial intelligence tools, unscrupulous public figures could seize the opportunity to falsely claim that genuine audio or video content is a deepfake — a dynamic known as the “liar’s dividend.” A new piece in our AI and Democracy series
[link removed]
explores would-be liars’ incentives and disincentives for pretending that content is artificial. Additionally, it proposes measures that can be taken to stop politicians from leveraging the threat of deepfakes to avoid accountability for real actions. READ MORE
[link removed]
Trump’s Dangerous Bid for Immunity
Earlier this month, Trump argued in court that he can’t be prosecuted for actions he took as president because he wasn’t first convicted by the Senate following impeachment. Not only would this antidemocratic notion undermine the rule of law, but it also mischaracterizes a fundamental principle of our legal system. “The Senate is not remotely representative or accountable to the majority, and it will not save us from criminal politicians,” Alice Clapman writes. “For that, we need prosecutors, courts, and citizen juries.” READ MORE
[link removed]
Inadequate Intelligence Reforms
The Department of Homeland Security’s Office of Intelligence and Analysis has spent years engaging in abusive intelligence practices that target people’s political views and unfairly paint certain groups of Americans as terrorists. Congress passed the 2024 National Defense Authorization Act in hopes of keeping the office in check. However, Spencer Reynolds writes for Just Security, “these restrictions do not go nearly far enough to address I&A’s day-to-day overreach and are undermined by a loophole included in the legislation.” Read more
[link removed]
Putting the Spotlight on State Courts
State court clerkships are often overlooked by young lawyers in favor of highly coveted positions in federal courts. CORA, a new online portal by the National Center for State Courts, is working to change that. A State Court Report piece highlights how CORA helps increase the visibility of and access to state court opportunities, with the long-term goal of boosting diversity in state judiciaries. READ MORE
[link removed]
Coming Up
VIRTUAL EVENT: Sen. Jeff Merkley on How to Fix the Filibuster
[link removed]
TOMORROW: Wednesday, January 24, 3–4 p.m. ET
Join us for a live virtual event featuring the authors of the new book, Filibustered! How to Fix the Broken Senate and Save America
[link removed]
, in which Sen. Jeff Merkley (D-OR) and his former chief of staff Mike Zamore make the case that Congress’s decline began 50 years ago with the introduction of the “no-talk” filibuster. They argue that returning this tool of legislative debate to its original, rarely used form would do much to restore order to the legislature. With moderator Kimberly Atkins Stohr of the Boston Globe, they will discuss the obstacles facing a cohesive, functioning Congress, as well as the surprisingly simple fix that could stem the disorder and restore faith in this vital governing body. RSVP today
[link removed]
Want to keep up with Brennan Center Live events? Subscribe to the events newsletter.
[link removed]
News
Patrick Berry on Mississippi’s lifetime voting ban for people with felony convictions // MISSISSIPPI LINK
[link removed]
Sean Morales-Doyle on the voting rights landscape in 2024 // PRISM REPORTS
[link removed]
Mekela Panditharatne on the impact of AI on elections // KJZZ
[link removed]
Wendy Weiser on the Supreme Court case on Trump’s ballot eligibility // NEW REPUBLIC
[link removed]
Feedback on this newsletter? Email us at [email protected]
mailto:[email protected]
[link removed]
Brennan Center for Justice at NYU School of Law
120 Broadway, Suite 1750 New York, NY 10271
646-292-8310
tel:646-292-8310
[email protected]
mailto:[email protected]
Support Brennan Center
[link removed]
Want to change how you receive these emails or unsubscribe? Click here
[link removed]
to update your preferences.
[link removed]
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[link removed]
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This week, I’m turning The Briefing over to my colleague Joanna Zdanys, senior counsel in the Brennan Center’s Elections and Government Program, to explain a new program that shifts political power from megadonors to everyday Americans.
—Michael Waldman
Fourteen years ago this week, a 5–4 majority of the Supreme Court unleashed a tidal wave of money into our elections. By forbidding limits on “independent” political spending — that is, spending that isn’t clearly coordinated with a candidate — the justices in Citizens United v. Federal Election Commission handed the ultrawealthy a blank check to influence American politics.
Since then, megadonors have spent heavily to dominate our democracy. In the 2022 midterms, just 21 families gave more than 3.7 million small donors combined. It’s a stunning imbalance that dictates who runs for office, who wins, and whose interests elected officials heed and serve.
But change is finally here: New York State’s pathbreaking new public campaign finance program is now in effect for the 2024 election cycle. It’s the strongest response enacted anywhere in the country to counter the damage Citizens United has caused to our democracy, it’s a robust model for other states and the federal government to follow. And just last week, after vetoing potentially destructive changes to the program, New York Gov. Kathy Hochul committed to fully funding it in her FY 2025 executive budget.
Hochul’s support for the program is a big step forward for New York’s democracy. Her bold leadership in safeguarding and bolstering the program in this critical year deserves praise. Her executive budget not only promises to provide this vital program the money it needs, but also is a powerful act of support for voters. When enacting the program, lawmakers promised New Yorkers “to ensure a government that is accountable to all of the voters of the state regardless of wealth or position.” The responsibility now lies with the state legislature to cement this commitment when it votes to approve the budget, due April 1.
The public campaign finance program is based on a simple but powerful concept: it matches constituents’ small donations with public funds. Candidates who opt in to and qualify for the program can receive up to $12 for every $1 received in eligible small donations of $250 or less. These contributions must come from within the candidate’s district, strengthening ties between candidates and constituents. To date, nearly 190 candidates across the state and political spectrum have signed up, with a month to go before the deadline to enroll.
The program stands to improve New York’s democracy in significant ways. In 2022, just 200 wealthy donors gave more to state candidates than all 206,000 small donors combined. That year, small donors accounted for only 11 percent of donations. If the program had been in place, their share could have been as high as 67 percent — an increase that would be attributable entirely to donations from within the candidates’ districts.
Experience elsewhere underscores a range of civic benefits we can expect to see. In 2021, New York City’s small donor match program helped elect the most diverse and representative city council in history. Research shows that publicly financed candidates in New York City raised more of their funds from inside their districts and from small donors than candidates who did not choose public financing. New York State’s program similarly promises to make everyday New Yorkers a more important source of support for state candidates.
Like any major reform, the road to securing this program was long and challenging at times. The Brennan Center is grateful to have played a major role, alongside partners across the state, in its enactment and implementation. New York’s elected leaders should be commended for delivering this crucial reform to New York’s voters. They must back up their promises by ensuring the program is fully funded in the final state budget.
Money is not speech. It never has been, and there’s nothing in the Constitution to suggest we have to treat it that way. Now, we have a tool to address the harms of Citizens United head-on. Fully funded, New York’s Public Campaign Finance Program will give the rest of the country a roadmap for counteracting the outsize role of wealthy donors in politics. In this pivotal year for American democracy, it’s a vital part of the fight.
2023 Voting Laws in Review
The 2024 presidential election will take place in a voting rights landscape that is very different from the conditions in 2020. The new edition of our Voting Laws Roundup finds that voters in 18 states will face new obstacles to casting their ballots, while 5 states will have laws in effect that make elections more vulnerable to interference. On the flip side, voters in nearly half the country will have access to easier and more expansive processes for registering and voting. With dozens of voting-related bills already pre-filed or carried over for this year’s session, it’s clear that further changes to state voting rights lie ahead. Read more
[link removed]
Historians vs. SCOTUS
Last week, the Brennan Center announced the formation of the Historians Council on the Constitution, a group of 18 leading historians who will aim to counter the Supreme Court’s misuses of history. Increasingly, the justices are relying on distorted accounts of the past to decide the biggest constitutional issues of the present. The council will leverage its expertise to set the record straight and challenge whether history should have a place in the courts at all. READ MORE
[link removed]
Imaginary History in Action
Two cases the Supreme Court heard last week illustrate the damage that fake history can inflict on Americans’ daily lives. The pair of lawsuits brought by corporations could hinder federal agencies’ ability to do their jobs based on the false claim that agencies’ power was checked by federal courts in the early years of the republic. Members of our Historians Council filed a friend-of-the-court brief detailing just how mistaken this account is and laying out the facts the justices should consider instead. READ MORE
[link removed]
Shrinking the Liar’s Dividend
As people grow more aware of the power of generative artificial intelligence tools, unscrupulous public figures could seize the opportunity to falsely claim that genuine audio or video content is a deepfake — a dynamic known as the “liar’s dividend.” A new piece in our AI and Democracy series
[link removed]
explores would-be liars’ incentives and disincentives for pretending that content is artificial. Additionally, it proposes measures that can be taken to stop politicians from leveraging the threat of deepfakes to avoid accountability for real actions. READ MORE
[link removed]
Trump’s Dangerous Bid for Immunity
Earlier this month, Trump argued in court that he can’t be prosecuted for actions he took as president because he wasn’t first convicted by the Senate following impeachment. Not only would this antidemocratic notion undermine the rule of law, but it also mischaracterizes a fundamental principle of our legal system. “The Senate is not remotely representative or accountable to the majority, and it will not save us from criminal politicians,” Alice Clapman writes. “For that, we need prosecutors, courts, and citizen juries.” READ MORE
[link removed]
Inadequate Intelligence Reforms
The Department of Homeland Security’s Office of Intelligence and Analysis has spent years engaging in abusive intelligence practices that target people’s political views and unfairly paint certain groups of Americans as terrorists. Congress passed the 2024 National Defense Authorization Act in hopes of keeping the office in check. However, Spencer Reynolds writes for Just Security, “these restrictions do not go nearly far enough to address I&A’s day-to-day overreach and are undermined by a loophole included in the legislation.” Read more
[link removed]
Putting the Spotlight on State Courts
State court clerkships are often overlooked by young lawyers in favor of highly coveted positions in federal courts. CORA, a new online portal by the National Center for State Courts, is working to change that. A State Court Report piece highlights how CORA helps increase the visibility of and access to state court opportunities, with the long-term goal of boosting diversity in state judiciaries. READ MORE
[link removed]
Coming Up
VIRTUAL EVENT: Sen. Jeff Merkley on How to Fix the Filibuster
[link removed]
TOMORROW: Wednesday, January 24, 3–4 p.m. ET
Join us for a live virtual event featuring the authors of the new book, Filibustered! How to Fix the Broken Senate and Save America
[link removed]
, in which Sen. Jeff Merkley (D-OR) and his former chief of staff Mike Zamore make the case that Congress’s decline began 50 years ago with the introduction of the “no-talk” filibuster. They argue that returning this tool of legislative debate to its original, rarely used form would do much to restore order to the legislature. With moderator Kimberly Atkins Stohr of the Boston Globe, they will discuss the obstacles facing a cohesive, functioning Congress, as well as the surprisingly simple fix that could stem the disorder and restore faith in this vital governing body. RSVP today
[link removed]
Want to keep up with Brennan Center Live events? Subscribe to the events newsletter.
[link removed]
News
Patrick Berry on Mississippi’s lifetime voting ban for people with felony convictions // MISSISSIPPI LINK
[link removed]
Sean Morales-Doyle on the voting rights landscape in 2024 // PRISM REPORTS
[link removed]
Mekela Panditharatne on the impact of AI on elections // KJZZ
[link removed]
Wendy Weiser on the Supreme Court case on Trump’s ballot eligibility // NEW REPUBLIC
[link removed]
Feedback on this newsletter? Email us at [email protected]
mailto:[email protected]
[link removed]
Brennan Center for Justice at NYU School of Law
120 Broadway, Suite 1750 New York, NY 10271
646-292-8310
tel:646-292-8310
[email protected]
mailto:[email protected]
Support Brennan Center
[link removed]
Want to change how you receive these emails or unsubscribe? Click here
[link removed]
to update your preferences.
[link removed]
[link removed]
[link removed]
[link removed]
[link removed]
[link removed]
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