(UPDATED 10/19/08) Clean Money - it is possible, you know?
October 9, 2008
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October 19th: As of today, the following have agreed to co-sponsor the bill: Haley, Hamilton, Wylie, Roland Smith, Huggins, Pitts, Simrill, Murrell Smith, Cobb-Hunter, Harrell, Merrill, Gullick, James Smith, Owens, Philips, Jennings, Garry Smith.
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Having two kids under the age of 4 , I tend to have alot of spilled milk around our house that leads to alot of cleanups. In your house (the State House), we also have alot of cleanups that should be going on as well. And many of us are trying.
Last year, it was Earmark Reform . While we didn’t pass my bill, we did pass a version of the bill (less teeth that I had hoped) as a House Rule.
Last month, we talked about On-The-Record Voting (which I’m pleased to say is gaining momentum all over the state…local civic groups….. newspaper editorials …. elected officials from both parties …..basically, anyone with a brain!)
Now, it’s time to clean up the mother’s-milk of politics: MONEY . Or, specifically, how elected officials and candidates for office disclose their contributions.
It really bothers me that there’s an expression in politics that says: “There are two types of candidates. Those that raise money - and losers.” While this is not always the case (note: several candidates have worked their tail off and been outspent by large amounts and still come out on top), money can be a good indicator of how much support a person has garnered.
As someone who had NO ONE in his corner on Day One (well, actually had 10 folks at my house in December 2003), I really don’t fault anyone for accepting any money, from anywhere, at anytime (as long as it’s legal). Folks, it costs money to run races and (people often forget) to stay in touch with your constituents. Those constituent surveys, constituent-service nights, end-of-year summaries and phone calls aren’t free!
Much has been made in the past few years about “out-of-state money” trying to influence our state government. I’m not sure if I believe the crowd that says it’s all bad. I certainly would also never say that folks are ever “bought and paid for.”
What I would say is “As long as everyone knows who supports who - who cares?” It is America still, right?
The problem with our current system is that everyone doesn’t know who supports who….at least not until after votes have been cast.
That’s why my Campaign Disclosure Reform Bill (which I will pre-file in December) is a much needed reform that will provide even more disclosure and information to YOU, the taxpayer and voter. I am sending a copy the bill to every member of the SC House of Representatives asking for their support. I was pleased this summer at the Republican Caucus meeting when I shared my intentions and they were well received.
This bill, like any open-government bill, isn’t partisan though and I am looking forward to my Democratic friends offering their support as well.
* The bill doesn’t place any new restrictions on donors.
* The bill doesn’t infringe on any person or any group’s right to support the candidate of
their choice.
What the bill simply does is this: after the pre-election filing, any contributions between that report and the election must be reported withing 48 hours of receipt. Folks, that’s how the Fed’s do it. That’s how we will now do it.
This is the best way I know to have voters see who is supporting what candidate/official prior to casting their vote.
Oh….here’s another thing the bill will do. Have more candidates report on line!
Presently, just statewide officials have to file on-line. That means the constitutional officers and House and Senate members. Don’t we care where county, school board, and municipal candidates and officials get their support? We should.
I hope to post in January 2009 that this bill is one of a handful of Open-Government legislation that passes our first two weeks in session. First, let’s get On-The-Record voting. Then, Campaign Disclosure Reform. Next? I’m sure there’s plenty more to do, right? What ideas do you have?
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UPDATED (October 13): Spartanburg-Hearld Journal has picked up on the bill. Also, I sent a few emails out before the letter to the entire House…so far the following have asked to be co-sonsors: Haley, Hamilton, Wylie, Roland Smith, Huggins, Pitts, Simrill, Murrell Smith, Cobb-Hunter, Harrell, Merrill.
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Below is a copy of the bill:
DRAFT PREPARED BY LEGISLATIVE COUNCIL
House: Ballentine
Attorney: D. Williams
Stenographer: Pair
Date: October 9, 2008
DOC. I.D.: L:\COUNCIL\BILLS\DKA\3004DW09.DOC
A BILL
TO AMEND SECTION 8 13 365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRONIC FILING OF CAMPAIGN DISCLOSURES AND REPORTS, SO AS TO MAKE IT APPLICABLE TO COUNTY, SCHOOL BOARD, AND MUNICIPAL ELECTIONS IN ADDITION TO STATEWIDE ELECTIONS; AND TO AMEND SECTION 8 13 1308, AS AMENDED, RELATING TO THE REQUIREMENT TO FILE CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO REQUIRE THAT THEY MUST BE FILED FORTY EIGHT HOURS AFTER THEIR RECEIPT STARTING AFTER THE FILING OF THE PRE-ELECTION REPORT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8 13 365(A) of the 1976 is amended to read:
“(A) The commission must shall establish a system of electronic filing for all disclosures and reports required pursuant to Article 13, of Chapter 13, of Title 8 from all candidates and entities subject to its jurisdiction. These disclosures and reports for candidates and committees for statewide, county, school board, and municipal offices must be filed using an Internet based filing system as prescribed by the commission. Reports and disclosures filed with the Ethics Committees of the Senate and House of Representatives for legislative offices must be in a format such that these filings can be forwarded to the State Ethics Commission using an Internet based system. The information contained in the campaign disclosure form, with the exception of social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable.”
SECTION 2. Section 8 13 1308(D) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
“(D) (1) At least fifteen days before an election, After the filing of the pre-election report, a contribution received before the election must be reported within forty-eight hours and a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must shall maintain a current list during the period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars and expenditures. The list must be open to public inspection upon request.
(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within the calendar quarter in which the election is conducted or twenty days before the election, whichever period of time is greater, in excess of:
(a) ten thousand dollars in the case of a candidate for statewide office; or
(b) two thousand dollars in the case of a candidate for any other office.
(3) In the event of If a runoff election occurs, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.”
SECTION 3. This act takes effect upon approval by the Governor.
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Comments
7 Responses to “(UPDATED 10/19/08) Clean Money - it is possible, you know?”
Got something to say?
That’s a brilliant idea. Good luck!
That should be a no-brainer. As you said, that is exactly what Federal candidates have to do inside the two week window before the election. I can’t wait to hear the excuses why this just won’t work.
Dear Nathan:
I hope all is well with you and your family.
Another very good, common-sense approach. As we are learning by the minute……..this great big world is changing rapidly. I predict there will be great opportunities for constructive reform / positive change for you (and your fellow fiscal conservatives) this legislative session. Even though the “sun isn’t shining” because of such past poor fiscal management and squandering of opportunities, please push hard to “make hay” while these windows are open.
I’ll do my part by contacting my two legislators asking them to support this type bill. Best of luck in all your efforts. Please keep it up!
As tough as times may now seem……………our best days are ALWAYS, ALWAYS ahead of us……………
NATHAN, KEEP THIS UP AND WE’LL BE SENDING YOU TO WASHINGTON!!
PS.I MISSED ‘WHERE’ THE VOTERS WOULD FIND THE INFORMATION. D
If every vote had to be recorded, it will slow up the machinery and less work would get done at the statehouse. But THAT IS A GOOD THING.
Our lawmakers constantly screw up our lives by PASSING new laws which often have harmful consequences they didn’t anticipate.
Our lawmakers SELDOM realize that 50% of their job is to REPEAL the myriad of BAD laws that currently are on the books. Laws which violate our rights. (But do they care?)
If every vote is recorded, we could SEE online exactly how our state legislators voted on various bills, and who voted to kill (water down, or cripple) the good bills and who voted to pass the crap-laden bills, stuffed with more expensive pork than a Little Joe Basket at Maurice’s.
We all KNOW why Bobby H and his cronies hate this idea. They are horrified that the voting public will see how far left of “true conservatism” most of them really are. And we can’t have THAT, now….can we?
These two great suggested changes to current law should be pursued and implemented as soon as possible in the next session to move SC forward and reduce the 40% premium we currently pay for less than stellar Government Services. Roll call voting will give the citizens the information they need and deserve to make informed decisions about who is truly trying to reform SC government, and who respects the value of the taxpayers money.
Financial disclosure, will also provided needed information to the voters, but only if all candidates actually comply with the law. Without additional incentives, violations such as use of government facilities in support of individual candidates and parties and unlawful contributions will continue. An election commission with no enforcement power nor the will to act merely constrains those candidates that choose to run ethical campaigns. There must be real consequences for willful ethical violations, and those punishments must be applied in a timely fashion.
Once our ethical structure has been reinforced, it will be time to focus on the revenue side of government. The FairTax Act must be adopted in SC to remove all of the negative incentives an convoluted allotment of rewards to favored constiuents contained in our current code of income and sales taxes. The Fair, Simple, and Transparent FairTax Act is the most thoroughly researched and efficient method of funding government proposed in modern times. This will make SC a magnet for new commercial and manufacturing concerns.
All -
Thanks for posting on the site. I appreciate the feedback and suggestions.
I feel confident the Campaign Disclosure bill will pass next session.
On-The-Record Voting? Not sure. My prediction is a “hijack” of Rep. Haley’s bill by another member and then the House ends up passing that new watered-down version of real transparency or, worse yet, some “House Rule” which would be a worse than any watered-down bill would be.
Call your Representative and be sure they’re on board with Haleys’ bill.
Nathan