GOVERNMENT INTEGRITY 14 Table of Contents INTRODUCTION...14-1 CAMPAIGN FINANCE REFORM...14-1 LOBBY REFORM...14-3 ETHICS AND ACCOUNTABILITY...14-4 VOTING RIGHTS...14-5 VOTER EDUCATION...14-7 REDISTRICTING...14-8 TC-1 The Policy Book: AARP Public Policies 2005
GOVERNMENT INTEGRITY INTRODUCTION All Americans have a vital stake in promoting and protecting the integrity of our democratic process and governmental institutions. The responsiveness of government, its ability to promote the public interest, and the maintenance of public confidence in the competence, fairness and relevance of government at all levels depend on policies that promote integrity. Without needed reforms in campaign finance laws, lobbying, ethics and accountability, voting rights, and voter education and adequate enforcement of these reforms government integrity is in jeopardy. The following sections of this chapter discuss each type of reform necessary to ensure integrity in government. CAMPAIGN FINANCE REFORM Recent presidential electoral history shows that the candidate who raises the most money always wins his party s nomination for the presidency. Congressional candidates who outspend their opponents win a vast majority of the time. Similar success for the best fund-raisers is found in state-level elections throughout the country. Campaign spending can be a more accurate predictor of a candidate s success than incumbency. Furthermore, elected officials who have a demonstrated ability to raise funds or are personally wealthy are often promoted into leadership positions, even if they have less seniority than their colleagues. The advantage of incumbency and its ability to raise more money suggest that elected officials would be less likely to voluntarily change a system that favors them. By and large, money determines who runs for office, who wins elections, and who gains power in politics. Unfortunately, the ability to raise money is not an accurate indicator of popular support or ability to represent the interests of the people whom officials are elected to represent. Generally, the overwhelming majority of the money candidates raise comes from special interest groups. Furthermore, the money candidates raise is often not from sources within the candidate s home district. Candidates who are not wealthy but want to succeed in politics are forced to raise ever-increasing amounts of money from interest groups, taking them away from considering issues that matter to average citizens, including older Americans. The current rules on campaign financing in most states and on the federal level skew the political agenda away from ordinary citizens and toward major campaign contributors, severely limit the pool of candidates for office, and The Policy Book: AARP Public Policies 2005 14-1
leave the electorate feeling disengaged, powerless and cynical. Violations or abuse of those campaign finance rules often lack significant penalties, which are carried out in a less than efficient manner to effectively deter violators. Congress and numerous states have proposed and passed campaign reform legislation in recent years, indicating that the issue is of great interest to the American people. States such as Arizona and Maine have passed laws that allow candidates to run for office using public rather than private funds, and the results have been extremely encouraging. As a result more candidates (with more diversity) are running for office, the races for state-level positions are more competitive, and voter turnout and civic engagement have gone up. FEDERAL, STATE & LOCAL POLICY CAMPAIGN FINANCE REFORM AARP supports a move away from funding campaigns through private dollars and toward greater reliance on public funding, including viable and attractive options for qualified candidates to run for office using exclusively public funds. AARP further supports policies that include: voluntary spending limits coupled with incentives for candidates to accept those limits; free or significantly discounted media spots and mailings for qualified candidates; strict limits on individual contributions; strict limits on contributions to and by political action committees (PACs); requirements for candidates to raise a majority from contributors within their district (and of that, a majority from individuals rather than corporations, PACs and other nonvoting entities); increased disclosure requirements for all who participate in activities that support or oppose candidates running for office or ballot initiatives; limits on the buildup and carry-over of war chests ; strict limits on bundling campaign contributions and other avenues used to evade contribution limits; and requirements that ensure clarity and honesty in all election advertising, including more meaningful descriptions of who paid for the advertisement and strict punishments for false advertising. 14-2 The Policy Book: AARP Public Policies 2005
Improvements in enforcing campaign finance laws should include: increased funding and authority for the Federal Election Commission and independent, nonpartisan state commissions charged with enforcing state campaign finance and election laws; improved procedures to ensure timely action on complaints about campaign finance violations; and tough penalties for violators of campaign finance laws. LOBBY REFORM Directly related to the issue of campaign finance reform is the role of lobbying in the lawmaking process. Political advocacy is a cornerstone of democracy, and organizations such as AARP serve an essential function in bringing information and expertise to the legislative process and representing the perspectives of older Americans. To ensure the integrity of lobbying practices, certain guidelines and requirements have been enacted. The Lobbying Disclosure Act of 1995 increased the registration standards and disclosure requirements for federal lobbying activities by expanding the definition of lobbyist and requiring registration with the secretary of the Senate and the clerk of the House of Representatives. The act also made certain nonprofit organizations that engage in privately funded lobbying activities ineligible to receive federal awards, grants, contracts or loans. Congress also has considered proposals that would further restrict the political use of private money by nonprofits. FEDERAL, STATE & LOCAL POLICY LOBBY REFORM Governments should adopt and require: full and timely disclosure of lobbying activities and expenditures; lobbying standards that protect against real and perceived conflicts of interest (such as revolving-door practices) by lawmakers, their staffs and lobbyists; and appropriate mechanisms to enforce lobbying requirements and limitations on gifts that lawmakers and their staffs may accept from lobbyists. The Policy Book: AARP Public Policies 2005 14-3
ETHICS AND ACCOUNTABILITY Democracies require openness and honesty in government. Today governmental institutions largely function in public view, protected from conflicts of interest by disclosure requirements and a vigilant and wellinformed media. Nonetheless, the potential for secrecy or lack of accountability persists in the legislative, executive and judicial branches and in regulatory agencies. Public accountability is unattainable unless elected officials and government appointees are committed to implementing and enforcing evenhandedly the laws and regulations for which they are responsible. Unfortunately, some officials do not fulfill their duties appropriately. FEDERAL, STATE & LOCAL POLICY ETHICS AND ACCOUNTABILITY Administrative procedures should promote fairness, openness and accountability in agency decisionmaking: Legislative and regulatory decisionmaking meetings should be open to the public, conducted at convenient times and places, and held with adequate prior notification, except in extraordinary circumstances. Ex parte communications (i.e., any oral or written communication by an interested party to a decisionmaker that is not on the public record and that is made without prior notice to all parties) should be prohibited on any matter pending before a regulatory body. Regulatory agencies with jurisdiction over vital and critical areas such as health care, utilities, transportation and financial services should include consumers and others who represent the communities affected by the agencies decisions. Government at all levels should establish and adequately fund independent nonpartisan commissions to create and enforce ethics and lobbying regulations. Early financial disclosure must be a first step in guarding against conflicts of interest. Ethics regulations should require protections such as the creation of blind trusts and the withdrawal of government officials from decisionmaking or other activities that would create conflicts of interest. 14-4 The Policy Book: AARP Public Policies 2005
Political appointees such as heads of agencies, members of boards and commissions, and judges play a critical role in implementing and enforcing laws. Thus, AARP encourages the nomination and appointment of people committed to the laws they administer or interpret. AARP s board of directors may, on a case-by-case basis, review the qualifications of nominees and issue a public statement concerning the appointment. VOTING RIGHTS The right to vote, along with full and fair representation, is the most basic of all political rights. Yet the presidential elections in both 2000 and 2004 brought to the forefront of the public s attention the many inconsistencies that exist in voting systems throughout the country and compromise the integrity of the election process. Voting mechanisms lack uniform standards and in many locations have failed to keep pace with new technologies. Additionally, registration difficulties, physical barriers and other problems often disproportionately prevent minorities, the frail elderly and people with disabilities from voting or from having their vote counted. Voting procedures, including registration, should be as user-friendly as possible to accommodate the large number of Americans that move each year. In order to ensure that more Americans participate in the electoral process, people s confidence in the voting system needs to be restored by an election system that is fair, accurate and accessible. Congress passed the Help America Vote Act in 2002, requiring states to meet uniform election-technology and administration standards in federal elections. Among the reforms, states are required to develop and maintain centralized voter lists, offer provisional ballots, permit voters to verify and correct their ballots, and meet accessibility requirements for voters with disabilities. A controversial component of the Help America Vote Act imposes more stringent voter-identification requirements, which might discourage participation by otherwise-eligible low-income, minority and foreign-born voters. Ultimately, the success of the law in giving all eligible citizens the opportunity to vote and have that vote accurately counted depends on state implementation. Four other statutes the Voting Rights Act, the National Voter Registration Act, Voting Accessibility for the Elderly and Handicapped Act of 1984, and Americans with Disabilities Act (ADA) also promote the right to vote by mandating improved access to registration and polling places and better outreach programs for people with disabilities. The Policy Book: AARP Public Policies 2005 14-5
Although the requirements of the Voting Accessibility for the Elderly and Handicapped Act expired in 1995, its voluntary state-reporting guidelines remain. Thus, the Federal Election Commission can no longer require reporting. Stairs without ramps remain the greatest physical obstacle at polling places. The percentage of inaccessible sites continues to decline under ADA, a trend that will likely continue. A unique category of voting-rights barriers is posed by constitutional constraints on the franchise of District of Columbia residents, a population greater than that of several states. Citizens of the District of Columbia, like the citizens of the 50 states, perform all the obligations of citizenship, such as paying federal income taxes and serving in the armed forces. Since enactment of the Twenty-Third Amendment to the Constitution, citizens of the District of Columbia can vote in presidential elections. Yet they are not fully represented in Congress, and thus more than a half million Americans have no representation on Capitol Hill. FEDERAL, STATE & LOCAL POLICY VOTING RIGHTS Efforts to promote the ability of all Americans to register, vote and be fairly represented are indispensable to a healthy democracy. Uniform standards should be established and reinforced with adequate funding in order to safeguard the integrity of the election process and afford all Americans the ability to express their electoral preference. This system of standards should ensure that: ballots and voting systems (including for provisional voting) are designed so voters readily and fully understand them and have full access to them; voters are thoroughly informed regarding the mechanics of voting; voting systems minimize human and mechanical errors and are subject to effective monitoring; and strong protections against fraud and discrimination in the voting system, including registration, are present. Extra efforts, such as equipping polling places with large-type instructions for the visually impaired and telecommunications devices for the deaf, may be necessary to assist people with disabilities. Polling places should be free of physical barriers that inhibit access by older people and people with disabilities. Enforcement of the Help America Vote Act, Voting Rights Act, Americans with Disabilities Act, and National Voter Registration Act strengthen the democratic process. Congress should restore the reporting requirements in the Voting Accessibility for the Elderly and Handicapped Act and enhance 14-6 The Policy Book: AARP Public Policies 2005
the Federal Election Commission s enforcement authority. Alternatively, Congress should require states to submit accessibility plans and allow affected parties to seek expedited judicial remedies. To ensure correct and accurate data on polling-place accessibility, all jurisdictions should use a standard assessment instrument. FEDERAL POLICY VOTING RIGHTS Congress should immediately take the appropriate steps to accord the citizens of the District of Columbia full representation in Congress. STATE POLICY VOTING RIGHTS States should adopt: fair and simple voter-registration procedures, including online registration, that encourage and promote maximum participation in the electoral process; polling-place accessibility criteria at least as stringent as the model criteria devised and distributed by the Federal Election Commission; and procedures to detect and prevent vote fraud that do not permit arbitrary and discriminatory reviews, ID challenges, and misuse of provisional ballots in ways that discourage voter registration and turnout or show partisan bias. States should review the implementation of, evaluate, and improve where needed, all provisions of the Help America Vote Act. VOTER EDUCATION Our system of government depends on voters ability to make informed decisions about candidates for public office. Voters have a responsibility to educate themselves about important public issues and the candidates positions on them. In 1986, to strengthen the democratic ideals of an informed electorate, to open debate, and to encourage participation in elections based on important public issues, AARP launched AARP/VOTE (now called Grassroots & Elections), a nonpartisan program to educate voters about important economic, health and consumer issues. The Policy Book: AARP Public Policies 2005 14-7
AARP neither endorses candidates nor contributes to election campaigns. The association aids voter education through such means as organizing candidate and issue forums, providing voters with information about topics of concern, and disseminating candidates positions through publications, direct mail, news stories and advertisements. The elections in 2000 and 2004 clearly demonstrated the importance of public awareness and participation in the political process. FEDERAL, STATE & LOCAL POLICY VOTER EDUCATION AARP supports nonpartisan efforts to: educate and inform the public about issues that affect all age groups; increase voter registration and turnout; and inform the public about candidates positions, for example, by requiring candidates participation in open debates as a condition of accepting public campaign financing. REDISTRICTING One of this nation s fundamental principles is that citizens are able to select leaders representing their interests in Congress and state legislatures. Since state legislatures and the US House of Representatives elect members based on districts, the composition and configuration of those districts matter a great deal. But groups with district-drawing power shape districts to maximize their advantage. This practice, known as gerrymandering, was first identified in the early 19th century. In the last two decades, however, new technology and evolving constitutional case law has brought to light the effects of gerrymandering on the democratic process. Districts are drawn that do not reflect actual communities but instead splice together barely contiguous census blocks in order to produce a district that strongly favors one party or one candidate. This practice has at least four negative consequences: Voters are detached from their legislators and fellow constituents by spread-out, confusing districts; one-sided districts lead to the election of candidates that tend to be less moderate than the general population; the minority party concedes races in districts they are unlikely to win, leaving voters with no viable options; and legislators who are protected by safe seats may have little inherent interest in pursuing policy that helps their constituents. 14-8 The Policy Book: AARP Public Policies 2005
Arizona and Iowa have adopted systems of drawing districts that have been successful in producing maps that are compact, contiguous and reflect traditional communities of interest. Their success has been based on establishing bipartisan commissions that do not include legislators, lobbyists or potential candidates. These commissions work within guiding principles to draw districts that are based on communities of shared interest rather than incumbency or party affiliation. Recent Supreme Court decisions on the districting process have supported voters rights by ensuring that districts adhere to the Fourteenth Amendment by giving every vote an equal weight. The courts also have sought to discourage the practice of dispersing minority voters among districts to diminish voters power as a voting bloc. These are important positive trends that should be continued as we move toward systems of redistricting that better represent our communities. STATE POLICY REDISTRICTING States should enact legislation that sets standards for district-drawing bodies to ensure that districts: are compact and utilize existing municipal/jurisdictional and geographical boundaries; preserve communities of shared interest where possible and without undermining the one-person, one-vote principle; are not drawn to favor any person or political party; and are drawn by nonpartisan bodies. The Policy Book: AARP Public Policies 2005 14-9