Sunlight Foundation

Sunlight Weekly Roundup: Thanks to Citizens United, Americans "don't think the government works for them anymore"

In our continued effort to highlight the anniversary of January 2010's Citizens United decision, this month's weekly roundups will take a look at what local bloggers across the country are saying about the ruling. First, we took a look at bloggers from the primary states. Last week, we looked at bloggers from the East coast states. We'll be ending our coverage by rounding up local blogs from the West coast states, where many campaign donations derive.

  • San Francisco's Political Blotter covered Common Causes’ Amend 2012 campaign to reverse the Citizens United ruling. According to  Josh Richman of Political Blotter, “A constitutional amendment will take years to pass, coming far too late to stem the tide of money that’s already flooding this year’s election, but organizers say this effort at least will give outraged voters a voice and inject the issue into November’s vote, forcing candidates to take a position on it.” The campaign's initial drive for petition signatures will focus on Colorado, Montana and Massachusetts; that might expand to Arizona, Missouri, Nebraska, Nevada, North Dakota, Ohio and Washington. Common Cause President Bob Edgar said Americans “have lost faith in Washington, they don’t think the government works for them anymore.”
  • Despite 2010’s Citizens United ruling, Montana state courts upheld the state's law banning corporate spending. According to the court, laws burdening such speech are subject to strict scrutiny, which requires the Government to prove that the restriction "furthers a compelling interest and is narrowly tailored to achieve that interest.” Opponents of Citizens United in Montana worry that a large influx of corporate money has the potential to alter the course of elections and politics in the state. A former house representative maintained that, “Montana, with its small population, enjoys political campaigns marked by person-to-person contact and a low cost of advertising as compared to other states.” For the whole story, check out Patrick Genova’s post on State of Elections.
  • California Assembly member Julia Brownley has introduced a bill requiring that corporate entities making political donations disclose those contributions. The California Disclose Act, AB 1148 deals specifically with accountability in election campaign ads and would force corporate sponsors “to step out from behind cryptic political action committee (PAC) names when they fund political advertisements.” "Currently, the top two donors must be disclosed on political ads, usually behind meaningless campaign committee ads. We hope to really pierce through the committee names to the top three donors behind ballot measure expenditure campaigns,” said Michelle Romero, manager of the Our Democracy voting reform initiative at the Greenlining Institute, which is supporting the legislation. Romero wants political ads to disclose the corporations behind donors, in addition to the donors names.  "Instead of saying, 'This ad was paid for by the Committee for Responsible California,' the ad would list the logos and names of top donors," said Romero. "For example: the donors are Chevron, Comcast, etc." For more on this story, see Lisa Carmack’s post on the San Francisco Bay Guardian.
  • Oregon Senator Jeff Merkley released a statement outlining his opposition of the Citizens United this week. Merkley rails against unlimited corporate influence in elections, saying, “Our nation is unique in world history in that it was founded on the simple idea that the people are in charge. However, our legacy of democracy is threatened by this Supreme Court decision that allows corporations unlimited secret spending to influence elections.” He continues, “As we’ve seen dramatically in the Republican presidential primaries, the massive amount of money flowing into our elections by super PACs is swamping the airwaves and altering outcomes.  Every person should have a right to their say – that’s the beauty of the First Amendment.  But corporations are not people, they are legal entities created by our laws to foster commerce.” To read his entire take on Citizens United, check out Mark Bogart’s post on Baker Quick News.
    Connect with other transparency bloggers in this Transparency Bloggers Google group   and see what others are doing in the transparency movement by joining this Citizens for Open Government Google Group.

Citizens United: Montana Fights Back

Joining us from Montana as our special guest blogger is Montana Cowgirl. You can read more of her blog on Montana Cowgirl . This post puts in perspective, the state's decision to fight the U.S. Supreme court's ruling on Citizens United.

All eyes are on the Big Sky state after Montana Attorney General Steve Bullock’s huge win against shadow political groups. These groups tried to overturn Montana’s centuries-old ban on corporate spending in elections.  Bullock beat them down.

A few years ago the U.S. Supreme Court gave it’s full seal of approval to corporate influence in elections, in the infamous Citizens United Case. Since then, Montana has been the only state in America with the backbone to wage a war to defend it’s own state laws prohibiting such corporate spending.   Our laws date back to 1912, and were passed in response to Copper Kings who tried to buy the entire state government with bribes.

The ruling by the Montana Supreme Court in Western Tradition Partnership, Inc. v. State of Montana is a ray of hope for American election law.  During the 2010 elections, giant industries descended on Montana and spent huge sums of unregulated, undisclosed money, as much as $6 million, to elect Republican legislative candidates. The result was the most lopsided election in Montana history.

A big shout-out to Chief Justice Mike McGrath, who found an artful way to weave an opinion out of delicate cloth, upholding Montana’s ban on corporate money passed by voters in 1912, by finding meaningful distinctions between Montana’s law and the federal law that was held unconstitutional by the US Supreme Court in Citizens.

Montana's Supreme Court ruled that Citizens United does not apply to state elections.   The Citizens United court went on and on about how difficult it is for corporations to use political action committees (PACs) to participate in the political system. Here in Montana, that's just not the case.  Anyone can form a state PAC by filling out a simple form that only takes a minute or two to fill out.

As Montana Supreme Court Judge Jim Nelson wrote in dissent, “the notion that corporations are disadvantaged in the political realm is unbelievable. Indeed, it has astounded most Americans. The truth is that corporations wield enormous power in Congress and in state legislatures. It is hard to tell where government ends and corporate America begins: the transition is seamless and overlapping.”

Citizens United will still apply to federal elections in Montana.  So, candidates for the U.S. House and Senate in Montana will still face millions of dollars in corporate-funded special interest attack ads.

Bullock should be proud of having argued a landmark decision that will be remembered in Montana for many decades. He is running for Governor in Montana on the Democratic ticket.

Montana Commissioner of Political Practices

Sunlight Weekly Round-up: Montana uses cost to clamp down on transparency

In our still on going campaign to tell our governors to support open government, we stand beside citizen activists who want to see an end to the roll back of transparency laws. We are dedicated to equipping the public with tools with-which to demand for accountability, and have developed various resources including open government.org,  an open-source public resource website for government transparency and civic engagement at the state and local levels. So far, we have covered California, Louisiana, Maryland, Texas, and Wisconsin with Minnesota to be launched soon.  Montana's recent strike at open government reaffirms the need to continuously-- as Pete Weitzel, former director of the Coalition of journalists for Open Government puts it-- "turn a public official's 'right to no' into your 'right to know'."

  • Last week, Montana Gov. Brian Schweitzer vetoed a bill that would have created a website with the state’s budget and spending details. Proposed by Rep.Tom Burnett, HB 444 would have enabled the public to search, retrieve and download information about the state finances including state budgets, revenues, appropriations and expenditures. But Gov. Schweitzer thwarted the bill with claims that at an estimated $400,000, the website would be too costly and did not have an “ investment on return for the tax payer”. Michael Noyes writes more on Montana Watchdog.
  • The city of New York unveiled a “Road Map for the Digital City” -- a project that will feature APIs for city data and plans that will change the way government information is presented online. Open government entrepreneurs are optimistic that the Road Map will give the city’s startups an advantage through integrating media and technology while widening access to wifi in public parks. Anil Dash, who is confident the web is a public space, adds that this would be a valuable opportunity for citizens to be engaged through technology. Read more on Anil Dash.
  • Last week, we highlighted a post that mentioned Oregon's move to strengthen their public records. Now, A.J. O’Connell is writing that the opposition from some government agencies including the League of Oregon Cities, that  has hired lobbyists to try and prevent the bill from becoming law, may cause a problem. His attempt at reaching out to the state’s Attorney General to show that Creswell, his city, is not aligned with the lobbyists intentions, have been swept under the rug. What is he hoping to do next to save open government in Portland? Find out on A.J. for Creswell.
  • A bill that would limit the reach of public records in Raleigh, NC was proposed on the grounds that productivity of government workers searching for, organizing and providing information requested by the public, will be reduced. Daniel O’Leary is proposing an easier way: turning the documents into electronic format! Through LinDoc which creates electronic e-forms, that connect directly to a universal repository, the public and reporters are able to search and find public records for themselves, eliminating the need for government staffers to do this task. In cases where some records have to be paid for, O’Leary recommends using WebLink which is already being used by other states. Read more of his compelling argument on Capture Expert blog.
 

Reading the Bill: In Action

The health care debate is raging on, and a big part of it includes having versions of the bill available so people can Read the Bill.   The great thing about having the bill online for everyone to see is that citizens will start looking for the  substantive details of the legislation themselves and add value to the debate.

Citizens of Montana, the home state of Sen. Max Baucus, have been busy reading their senator's proposed bill.  Left in the West has been looking into the bill and comparing what people are saying about what the bill contains.

Frankly, the more I look at this thing, the more it's obvious we need both a public option and to open the health insurance exchange to everyone. If you want a better analysis of this bill, got to Jay Rockefeller, who says this is what's wrong with the bill:

  • CHIP is put into the exchange.

  • No public option.

  • Already existing policies from big companies not affected by new regulations. You read that right! Almost half of the nation's consumers will have no protection from pre-existing condition clauses or lifetime caps!

  • Affordability.

See, that's the thing. If you have crappy, employer-provided insurance, you have to keep it. As Baucus' bill is written now, you can't ditch it for something better in the exchange. That's unacceptable.

Anyway. Still reading this thing.

Also in Utah, The Side Track has taken up the task of answering state Sen. Chris Buttars' questions about the health care bill by actually reading the bill.  See their answers here, here, here, and here.
For those of you who missed it, Sen. Chris Buttars has questions. ...

I'll be honest, I thought we were taking on quite a challenge. 1,000 plus pages really isn't that large for a piece of legislation (Bush's final budget was over 1,300 pages long... and speaking of which, did Buttars print that one out on the tax payer's dime too?), but it is a challenge for several bloggers with many other obligations. We assumed.

We assumed wrong. In fact, it's been embarrassingly easy, and a bit of a bore, as research challenges go.

No matter where you stand, the debate is always better when you take actual details from the bill, instead of hearsay.  This is why every bill should be available for 72 hours. Call your congressman today and ask them to sign the discharge petition for H. Res 554.

Local Sunlight 6/1/09

Every week I climb into the depths of the local political blogosphere to find the Sunlight. I use this series to highlight local blogs that do a great job of covering local, state, and congressional political news.  This week I have highlights from Illinois, Minnesota, Montana, and Nevada.

In Illinois, Bill Baar’s West Side writes about a blogger call with State Rep. Julie Hamos regarding a petition she released to put a cap on campaign contributions.  Rep. Hamos answered questions about why legislation to restrict contributions is necessary and how much political support this reform has. In Minnesota, Residual Forces posts about a new blog Hennepin County Taxpayer Watchdog which is run by the  County Board of Commissioners.  The blog was set up to inform taxpayers about how their money is being spent.  The latest post is about how the county installed solar panels onto one of its buildings and describes why this is a good expenditure and how it saved the taxpayers money. In Montana, Intelligent Discontent has a post about requiring school districts to post their full budgets online.  An article in Education Week (registration required) points to how the current way of just releasing a summary can be misleading but releasing all the information allows people to judge for themselves. In Nevada, Nor’Town has another post looking into campaign finance information.  I really like these posts, that go into who is giving money to who and what interests are being represented.  This is the type of work that needs to be done, as soon as possible, so voters can see what interests are trying to influence their elected officials.  Which is the exact reasion we have been trying to get S 482 passed, the bill would require the Senate to file their campaign finance reports electronically, so we can get the information faster.  Call your Senator today and ask them why they don't support more transparency.

Local Sunlight

Every week I climb into the depths of the local political blogosphere to find the Sunlight. I use this series to highlight local blogs that do a great job of covering local, state, and Congressional political news. This week I have highlights from Montana, Nevada, Oregon and Texas.

In Montana, MTPolitics.net highlights the new Montana Election wiki.  The wiki aims to be an all stop shop for all of Montana’s elections happenings.  It includes elections from the county to the federal level.

In Nevada, Blue Sage Views talks about how much money in earmarks Rep. Dean Heller has gotten in the last two years.  There is definitely some work in EarmarkWatch.org for Rep. Dean Heller according to his $32 million earmarks.

In Oregon, Loaded Orygun blogs about his experience trying to cover an Executive Session of the Lake Oswego Council.  Executive Sessions are closed except to journalists.  There are no clear rules about whether citizen journalists are allowed to be credited and so TorridJoe was asked to leave.  This incident is requiring Lake Oswego to adopt a policy regarding new media journalists.  Stayed tuned to Loaded Orygun for more info.  They should check out the Open House Project's section on Citizen Journalism Access.

In Texas, blogHouston points to Texas Watchdog posting of Houston City Council’s financial disclosures on their website.  Since this information is not available online now this watch dog group is doing it for them.  How nice.

Montana Leads in Openness and So can Yours (if you ask)

Since its launch, on Tuesday, the Punch Clock Map has gotten some excellent support. The one of note is this editorial in Montana's Helena Independent Record:

Delegation leads in openness
By IR staff - 12/13/07
Naively, no doubt, we were hoping that the Montana congressional delegation’s practice of posting their daily schedules on the Internet might catch on in Washington.

After all, it’s an easy way for members of Congress to show their commitment to transparency in government and maybe even help repair that institution’s tattered image.

No such luck. A national watchdog organization called the Sunlight Foundation recently applauded U.S. Sen. Jon Tester and Sen. Max Baucus and U.S. Rep. Denny Rehberg for being among only eight of the 535 members of Congress to post their schedules.

A foundation spokeswoman said congressional members often say they don’t want to reveal their schedules for reasons of security. That’s a particularly lame excuse. All they need to do is post their scheduled a day late, as the Montana delegation does. Yesterday’s schedule isn’t of much help to any bad guys lurking out there. The real reason so few are willing to make their schedules public is that they probably fear political operatives will be poring over their itineraries, searching for any ammo they can find for future attacks.
Read more

Sen. Max Baucus Punches the Clock!

Today we were alerted to the very impressive schedule from Montana Senator Max Baucus. Now for the first time Montana citizens know who all of their members of Congress are meeting with. I have to say Sen. Baucus has done the right thing by his constituents.

This could not have happened without the dedication of the Montana blogging community; especially Don Pogreba from Intelligent Discontent and Jay Stevens and Matt Singer from Left in the West. Montana bloggers understand that openness and transparency are worth fighting for as practices that are important for elected officials to embrace.

Montana is currently the only state whose entire congressional delegation posts a daily schedule. Constituents can now track the meetings of both Senators and their representative to make sure that they are working hard for Montana.

Congratulations, this is a great day for Montana - and for transparency.

Read more

“How About it Max?”

With the advent of Rep. Rehberg (MT) posting his schedule to his official congressional Web site, Montana bloggers and newspapers have asked if Sen. Baucus would join his fellow lawmakers and post his schedule, as well. Lawmakers who agree to share their schedule show that they’re responsive, open, transparent and above all accountable to their constituents. When citizens can find out who has the ears of their lawmakers they can fairly determine if those lawmakers are making fair decisions. The information is vital to a strong democracy because it allows, for the first time, a voter to engage in the daily life of their elected official. The Montana Standard agrees -- on Sunday they printed an editorial making the point that

With just three people representing the fourth largest state in the country, our congressional delegation already faces a great challenge in trying to stay in touch with Montanans, and this one relatively easy way to keep people in the loop.
Given the distance between Washington DC and Montana it could be frustrating to a Montanan to feel connected to their representative. But, with a schedule, people know that members of Congress are, in fact, meeting with people in the district and keeping those needs in mind daily. Bloggers are also asking, Don Pogreba’s blog Intelligent Discontent
It's time for Senator Max Baucus to do the right thing. Following the lead of Senator Tester and Representative Rehberg, it's time for Max to start telling Montana voters how he spends his days in Washington.
and Jay Steven’s Left in the West "So you know what this means! Max Baucus is the only Montana federal-level representative hiding his business behind a cloud."

The value of a daily available schedule is not lost and constituents actually see the value and want to see all their Representatives do the right thing. We have seen the power that Montana Bloggers have in demanding accountability from their elected officials, and I am confident that Sen. Baucus will do the right thing by his constituents. There’s hope he’s already considering it. Today, the Billings Gazette published an editorial citing, Sen. Baucus’ spokesperson, Barrett Kaiser stating “…said last week that the senator is considering posting his schedule.”

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Rep. Dennis Rehberg Punches In!

Rep. Dennis Rehberg is the 7th Member of Congress (and the second from Montana) to put a daily schedule online. Montana freshman, Sen. Jon Tester, made a campaign promise to post his schedule and he has been posting it since the beginning of his term. The existence of Tester’s schedule prompted the Helena Independent Record to ask Rep. Rehberg and Sen. Baucus if they were thinking of posting one also. Rehberg’s spokesman said his schedule was available to anyone who called his office and asked but when bloggers decided to take him up on that offer they found out that his schedule was available only if you were in Washington (more responses here). Later, an article in the Missoula Independent quoted Rep. Rehberg’s chief of staff saying that when the website was redesigned Mr. Rehberg’s schedule will be posted daily.

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